Wrestling with the New Economy: Judicial Rhetoric in Canadian Wrongful Dismissal Claims
Bibliographic record
Abstract
Contemporary Law and Society scholars emphasize focused study of “law and the economy” yet empirical work on the legal implications of important economic transformations of the late twentieth century is limited. To address this issue, I analyze Canadian wrongful dismissal claims heard to judgment between 1981 and 1997 to understand how judges grappled with contradictions that arose between classic legal doctrine on the employment relationship, unstable economic conditions that limited employment opportunities for plaintiffs, and new business ideologies about employee expendability and flexibility. Findings demonstrate that judicial rhetoric was attentive to the contradictions that arose with the new economy, and unique responses were developed. These responses, however, varied according to specific socioeconomic contexts embedded within the seventeen‐year period under study. I conclude by suggesting the development of more dynamic theories of law and the economy to capture the ways in which law shifts in response to changing economic contexts.
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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 | 0.005 | 0.025 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.004 | 0.004 |
| Science and technology studies | 0.030 | 0.019 |
| Scholarly communication | 0.012 | 0.003 |
| Open science | 0.001 | 0.004 |
| Research integrity | 0.003 | 0.005 |
| 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".