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Record W1967142330 · doi:10.1093/icon/mon036

Are legislatures good at morality? Or better at it than the courts?

2008· article· en· W1967142330 on OpenAlexaff
David Dyzenhaus

Bibliographic record

VenueInternational Journal of Constitutional Law · 2008
Typearticle
Languageen
FieldNeuroscience
TopicFree Will and Agency
Canadian institutionsUniversity of Toronto
Fundersnot available
KeywordsDeliberationArgument (complex analysis)MoralityLawLegislatureStatutePolitical scienceInstitutionPositivismPoliticsSociologyLaw and economics

Abstract

fetched live from OpenAlex

This essay criticizes Jeremy Waldron's assumption that debate about judicial review of statutes requires us to suppose, when it comes to moral reasoning about the law, that either judges or legislatures are good at it and, based on that supposition, to choose which institution should be assigned the task. Waldron does not hold fast to his own assumption—his claim turns out to be that legislatures should have final authority in moral matters, since they are better at moral reasoning than judges. He thus abandons a central tenet of political positivism—namely, its hostility to judges having any role at all in moral reasoning about the law. Thus, Waldron is engaged, not in an argument against judges playing such a role but, rather, in a debate about how to best to design legal institutions, given that judges will, in fact, have an important role in that moral deliberation.

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)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesInsufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.893
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.002
Scholarly communication0.0000.000
Open science0.0010.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0010.000

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 head0.069
GPT teacher head0.298
Teacher spread0.229 · 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 designNot applicable
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

Citations4
Published2008
Admission routes1
Has abstractyes

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