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Record W2007174447 · doi:10.3138/utlj.2004

Two logics of authority in modern law

2014· article· en· W2007174447 on OpenAlexvenueno aff
Arie Rosen

Bibliographic record

VenueUniversity of Toronto Law Journal · 2014
Typearticle
Languageen
FieldArts and Humanities
TopicSeventeenth-Century Political and Philosophical Thought
Canadian institutionsnot available
Fundersnot available
KeywordsCorrectnessEpistemologyRelation (database)Identification (biology)LawPhilosophy of lawSociologyPolitical sciencePhilosophyComputer sciencePublic lawAlgorithm

Abstract

fetched live from OpenAlex

Authority is not of one kind, and authoritative directives may have different effects on the practical reasoning of their addressees. In this regard, we can distinguish between two types of authority – epistemic and decisionist. Although both are used to influence people’s actions, they diverge in the way in which they are respected and treated by those who follow them. This plurality of forms of authority is closely related to some of the questions that have been bothering legal philosophers for centuries, and particularly to questions concerning the relation between reason and fiat in law. Based on the distinction between epistemic and decisionist modes of reasoning with authoritative directives, we can distinguish two discrete logics governing the dynamics of positive law: an epistemic logic, which makes law aspire to correctness and reasonableness, and a decisionist logic, which leads to the identification of law with its positive particularity. In the final part of this article, I consider the practical and conceptual implications of this duality.

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)0.005
metaresearch head score (Gemma)0.006
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.010
Threshold uncertainty score0.072

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0050.006
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.001
Bibliometrics0.0020.002
Science and technology studies0.0040.042
Scholarly communication0.0100.013
Open science0.0010.004
Research integrity0.0030.004
Insufficient payload (model declined to judge)0.0040.001

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 head0.031
GPT teacher head0.225
Teacher spread0.194 · 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 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

Citations1
Published2014
Admission routes1
Has abstractyes

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