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Record W1719221636 · doi:10.1017/cbo9780511495564.011

Public interest and private right

2003· book-chapter· en· W1719221636 on OpenAlexaff
Stephen Waddams

Bibliographic record

VenueCambridge University Press eBooks · 2003
Typebook-chapter
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsUniversity of Toronto
Fundersnot available
KeywordsInjusticeElement (criminal law)Political scienceBalance (ability)DeclarationPoliticsRelation (database)Private lawFunction (biology)Law and economicsPublic opinionPublic interestLawPublic lawSociologyPsychologyComputer science

Abstract

fetched live from OpenAlex

Many shades of opinion are to be found among judges and academics on the question of the relation between private law and public policy. Three main strands may be discerned. First is the view that the two are separate; legal rules are to be derived or deduced from legal sources, the function of private law being not the creation of law in the public interest, but the declaration and application of pre-existing law for the prevention and correction of injustice between the individual parties to each dispute. Second, there is the view that when courts are called upon to create a new rule, or to modify an old one, or to extend it to a new situation, they address the question of whether the proposed rule would be, on balance, beneficial to the community; assessment of this question requires the weighing of the costs and benefits of the proposed rule as it will be applied in the future to parties other than the individual litigants in the current case. Third is the view that an element of judgment is frequently involved that includes broad social and political considerations. There are many intervening combinations and shades of opinion. The three main views correspond broadly with what may, for the sake of convenience, be epitomized as principle, utility, and policy. These have sometimes been presented as competing ‘theories’, of which the reader is impliedly invited to choose one and reject the other two.

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 machine prediction

Teacher imitation

Not 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.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.002
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.026
Threshold uncertainty score0.086

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0020.002
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.001
Science and technology studies0.0030.016
Scholarly communication0.0080.007
Open science0.0010.003
Research integrity0.0040.006
Insufficient payload (model declined to judge)0.0260.005

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 head0.068
GPT teacher head0.240
Teacher spread0.172 · 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 source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
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
Published2003
Admission routes1
Has abstractyes

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