The Loadstone Rock: The Role of Harm in the Criminalization of Plural Unions
Bibliographic record
Abstract
In this Article, Professor Turley explores the concept of social harm in the context of two recent cases in the United States and Canada over the criminalization of polygamy. The cases not only resulted in sharply divergent conclusions in striking down and upholding such laws respectively, but they offered strikingly different views of the concept of harm in the regulation of private consensual relations. Professor Turley draws comparisons with the debate over morality laws between figures like Lord Patrick Devlin and H.L.A. Hart in the last century. Professor Turley argues that the legal moralism of figures like Devlin have returned in a different form as a type of ¿compulsive liberalism¿ that seeks limitations on speech and consensual conduct to combat sexism and other social ills. The alternative, advocated in this Article, is the adoption of a Millian approach to harm that requires a more concrete form of injury or harm to justify individual choice. In what he calls the ¿Loadstone Rock¿ of constitutional analysis, the definition of harm continues to dictate the outcome of the conflict between individual choice and social mores.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.014 | 0.025 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.003 | 0.001 |
| Science and technology studies | 0.016 | 0.105 |
| Scholarly communication | 0.011 | 0.011 |
| Open science | 0.002 | 0.013 |
| Research integrity | 0.011 | 0.010 |
| Insufficient payload (model declined to judge) | 0.003 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".