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I think the main point of my editorial in issue 1/2017 was that the metaphor of ‘balancing’ or ‘weighing’ different interests is inapt for the legal domain. The concepts of balancing and weighing are taken from the physical domain, where they connote a situation in which two different objects with a certain weight, say a cup of sugar and a chunk of gold, are balanced against each other on a weighing scale. The process of weighing is accurate and neutral, because there are international agreements on how the weight of an item can be measured. For example, there is an international agreement on what is the International Prototype of the Kilogram (IPK) – it is ‘defined as the mass of the international prototype of the kilogram [1st Conférence Générale des Poids et Mesures (CGPM), 1889]. The international prototype of the kilogram is a cylinder of platinum -10 per cent iridium alloy about 39 mm high and 39 mm in diameter.’ In addition, there are set standards and methods for neutrally and objectively weighing different objects against each other. Consequently, objects have weight, there is an impartial way to determine their weight and a neutral procedure for balancing those objects.

Discussion ∙ Ten Questions about Balancing