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Record W2021055257 · doi:10.3828/bjcs.19.2.5

The Rawlsian Paradox and the Governance of Canada

2006· article· en· W2021055257 on OpenAlexaboutno aff
Patrick James

Bibliographic record

VenueBritish Journal of Canadian Studies · 2006
Typearticle
Languageen
FieldSocial Sciences
TopicJudicial and Constitutional Studies
Canadian institutionsnot available
FundersScience and Engineering Research Board
KeywordsPolityCharterConstitutionContext (archaeology)PoliticsPolitical scienceCorporate governanceLawConstitutionalismParliamentPolitical economyDemocracyLaw and economicsSociologyHistoryEconomics

Abstract

fetched live from OpenAlex

Canada, Governance and the Rawlsian Paradox Governance, culture and diversity are themes that encourage a discussion of the Rawlsian Paradox, a concept that seeks to explain constitutional evolution in the Canadian context during the post-Charter era. Constitutions, of course, are the basic documents - and their construction represents the most fundamental process - of governance, and a thriving culture in a diverse country such as Canada requires a solid institutional foundation. However, as will become apparent, the divided and fractious Canadian polity of 2005 is a product of a deeply paradoxical constitutional order. At this time of writing, the distribution of seats held by the respective parties in Parliament is more regional than ever before, with even the traditionally successful Liberal Party all but shut out of some provinces. Prospects for a reduction in geographically based confrontation politics are not good, at least in the foreseeable future. The most ominous signal, perhaps, comes out of Quebec, within which nationalist sentiment may be at an all-time high or at least matching a level not seen in many years. This paper seeks an explanation for the secular decline in national integration and identifies the Constitution Act and Charter of Rights and Freedoms as a turning point in constitutional history that brought about unfortunate and highly negative consequences that have become more apparent with time. The changes wrought in 1982 exacerbated rather than ameliorated problems that, in some cases, date back to before Confederation itself. After patriation, referring to the transfer of constitutional authority from Britain to Canada, the latter witnessed the creation of explicitly regional parties, Reform (later the Alliance) and the Bloc Quebecois (BQ), with origins traced at least in part to the circumstances that brought the constitution home as well as its content. Rather than being on the fringe, these parties have transcended short-term protest movements. The BQ held opposition status in the House of Commons at one point and Reform eventually merged with and become the predominant force within a revamped Conservative Party; in each instance, the long-term message of the party concerned is seriously at odds with the vision of Canada put forward by Ottawa in 1982. This study focuses on the Rawlsian Paradox as an explanation for some problematic features of Canadian politics that otherwise might be accounted for by an assortment of ideas with no significant degree of connection to each other.1 The Paradox does not focus on short-term, personality-related factors or other superficialities in accounting for the difficulties associated with the Canadian constitutional order. It is always possible to explain a problem away with a proximate cause such as 'people just hate the prime minister', 'the economy is not very good right now' or something else of that nature. Instead, the Paradox emphasises the inherently self-defeating character of the existing constitutional regime, which reflects a brilliantly conceived theory that, unfortunately, has been implemented outside the conditions intended for its application. As will become apparent, the basic idea is that, while Rawls (1971) produced an impressive normative theory of justice as fairness, its manifestation at an empirical level in Canada has not met with the same degree of success. This paper unfolds in three additional sections. The second section explains the nature of the Rawlsian Paradox and derives implications from it. Third, these implications are explored in a cursory way; in other words, this section takes the form of a plausibility probe rather than a definitive test. The fourth and final section provides conclusions and suggestions for future research. The Rawlsian Paradox and its Implications One of the greatest works of philosophy in the twentieth century is A Theory of Justice (Rawls 1971). It is a landmark exposition of contractarian liberalism, perhaps understood more simply as the effort to fashion a society's governance out of an overall agreement on what is meant by political order, with some role designated for individual and even collective rights. …

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)0.002
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: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.811
Threshold uncertainty score0.940

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0020.006
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0020.004
Science and technology studies0.0160.016
Scholarly communication0.0090.003
Open science0.0010.003
Research integrity0.0020.003
Insufficient payload (model declined to judge)0.0080.000

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 head0.010
GPT teacher head0.222
Teacher spread0.212 · 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

Citations0
Published2006
Admission routes1
Has abstractyes

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Same venueBritish Journal of Canadian StudiesSame topicJudicial and Constitutional StudiesFrench-language works237,207