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Record W1573318334

Judicial reasoning about pregnancy and choice.

2008· article· en· W1573318334 on OpenAlexaffabout
Chris Kaposy, Jocelyn Downie

Bibliographic record

VenuePubMed · 2008
Typearticle
Languageen
FieldSocial Sciences
TopicMulticultural Socio-Legal Studies
Canadian institutionsMemorial University of NewfoundlandDalhousie University
Fundersnot available
KeywordsAbortionLawSupreme courtCriminal codeEntitlement (fair division)Political scienceAbortion lawLegislationCriminal lawCharterCriminalizationSociologyFamily planningPopulationEconomics
DOInot available

Abstract

fetched live from OpenAlex

Women in Canada are at risk of abortion becoming increasingly difficult to access. In its landmark 1988 ruling, R. v. Morgentaler, the Supreme Court of Canada struck down the prohibition of abortion in section 251 of the Criminal Code on the grounds that it violated a section of the Charter of Rights and Freedoms which guarantees, among other things, security of the person. However, all of the justices who ruled that section 25 unconstitutional nonetheless claimed that protecting the fetus is a valid objective of federal legislation, leaving open the possibility that a different and carefully crafted law against abortion might be constitutional. Abortion opponents organized in response to the decision, and in 1990, an attempt was made to re-criminalize abortion. This attempt, Bill C-43 came very close to succeeding. In light of the possibility of the reintroduction of criminal law legislation against abortion an important question for women is whether Canadian courts would find a newly·written restrictive abortion law to violate the Charter of Rights and Freedoms. In seeking to answer this question, we were keen to find out whether there are any arguments already present in judicial reasoning about choice in reproduction or about a woman's entitlement to make certain choices, that could be used to beat back the threat of the re-criminalization of abortion. We also wanted to determine whether there are ways of interpreting the concept of reproductive choice that can be found in judicial reasoning that are damaging to the illlerests of women. For these reasons, we embarked upon a systematic review of how the concept of choice has been used in Canadian judicial reasoning about reproduction since Morgentaler (1988). Specifically. we sought to find out how judges think about the relationship between pregnancy and choice.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.001
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Observational · Consensus signal: Observational
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.363
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

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.

Opus teacher head0.047
GPT teacher head0.283
Teacher spread0.235 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

Study designObservational
Domainnot available
GenreEmpirical

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".

Quick stats

Citations1
Published2008
Admission routes2
Has abstractyes

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