Bibliographic record
Abstract
The ideal of the rule of law speaks differently to law-makers and law-appliers. The judge, being the legal official tasked with the application of law by the court, is not in the lawmaker’s position of choosing what, legally, ought to obtain, but rather is tasked with furthering, by administering, what, legally, already obtains. This demarcation of responsibilities rests on the ability of the law-maker to settle authoritatively moral-political questions in such a way as to render possible the artificial techne of legal reasoning. Bills of rights are unusual law-making acts insofar as they deliberately fail to settle moral-political questions under law by declining to specify the general right ‘P has the right to x’. How, then, have judges sought to satisfy their law-applying role in relation to disputed claims of rights? The approach shared by judges in Europe and much of the Commonwealth is to interpret the open-ended rights of bills of rights to include nearly all possible instances of conduct that could be related to the right, with the consequence that nearly all legislation, including legislative specifications of open-ended rights, could be held to infringe the bill of rights. In turn, the legality of legislation turns on judiciallycreated standards of proportionality and balancing, which lack the discipline afforded by technical legal reasoning. As a consequence, judges have assumed the function of law-makers, with all of the associated challenges to the rule of law when law-applying institutions make law in the very moment the legal subject is before them.
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 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 | 0.017 | 0.028 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.002 |
| Bibliometrics | 0.003 | 0.002 |
| Science and technology studies | 0.006 | 0.037 |
| Scholarly communication | 0.013 | 0.016 |
| Open science | 0.003 | 0.005 |
| Research integrity | 0.008 | 0.009 |
| Insufficient payload (model declined to judge) | 0.015 | 0.003 |
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".