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Record W1856300463

Blasphemy in Pre-Criminal Code Canada: Two Sketches

2009· article· en· W1856300463 on OpenAlexaboutno aff
Jeremy Patrick

Bibliographic record

VenueSSRN Electronic Journal · 2009
Typearticle
Languageen
FieldSocial Sciences
TopicAmerican Constitutional Law and Politics
Canadian institutionsnot available
Fundersnot available
KeywordsBlasphemyCriminal codeCode (set theory)LawCriminal lawPolitical scienceCriminologySociologyComputer science
DOInot available

Abstract

fetched live from OpenAlex

Few people realize that Canada has a law against blasphemy, and even fewer realize that this prohibition extends as far back as the origin of the country. The text of Canada's Criminal Code's ("the Criminal Code") blasphemous libel provision, which was enacted in 1892, and the five reported cases arising under it, are the most relevant materials for understanding the legal concept of blasphemy as it exists in Canada today. However, these materials reveal little about how irreligious speech was treated by the criminal justice system prior to the advent of the Criminal Code. This article attempts to fill in this gap by analyzing two particular sites of blasphemy prosecutions in Pre-Criminal Code Canada: the New France era in Quebec and early 1800s rural Ontario. It must be noted that reconstructing the law of blasphemy in Canada as it existed several generations ago is a difficult task. The available materials come exclusively from archival holdings, which means it may be impossible to conclusively determine whether those materials are truly representative of the law at the time or simply an artifact of archival indexing practices. Those documents which can be found are often incomplete, containing little more than a single affidavit or indictment, or nearly indecipherable from faded handwriting. Secondary sources covering the religious, political, and social history of these time periods make little or no mention of blasphemy. Finally, historians trying their hand at law, and lawyers trying their hand at history, should be quick to acknowledge their limitations. Any conclusions drawn here will necessarily be tentative and preliminary. Disclaimers aside, such a study is certainly worth the effort. These early cases have something to tell us about what "blasphemy" meant to early European settlers in what would become Canada: what words were considered blasphemous, what social and economic classes were likely to have been viewed as responsible for blasphemy, and how severely blasphemy would be punished if discovered. Even if the framers of the relevant provision of the Criminal Code borrowed from elsewhere, a history of the legal prohibition of blasphemy in Canada would be incomplete without at least an attempt to integrate the earliest examples that can be found.

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)0.001
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 score0.109
Threshold uncertainty score0.789

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0010.002
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0000.001
Bibliometrics0.0060.007
Science and technology studies0.0130.018
Scholarly communication0.0110.005
Open science0.0020.002
Research integrity0.0020.004
Insufficient payload (model declined to judge)0.0060.001

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 head0.010
GPT teacher head0.288
Teacher spread0.278 · 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
Published2009
Admission routes1
Has abstractyes

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Same venueSSRN Electronic JournalSame topicAmerican Constitutional Law and PoliticsFrench-language works237,207