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Record W2260124866

Suing anonymously : when is the personal price to pay for justice too high?

2014· article· en· W2260124866 on OpenAlexaboutno aff
Donrich W Jordaan

Bibliographic record

VenueSouth African Law Journal · 2014
Typearticle
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsnot available
Fundersnot available
KeywordsPlaintiffAnonymityLawEconomic JusticeHarmPolitical scienceTest (biology)Confidentiality
DOInot available

Abstract

fetched live from OpenAlex

Justice is served both by openness and by access, but these two values may in some cases be in need of careful balancing. Such cases would be, for instance, where the personal psychological harm to a prospective plaintiff of having her identity as plaintiff disclosed to the public would effectively bar her from launching the civil action in court. In appropriate cases, the solution would be to grant an anonymity order to the prospective plaintiff. However, there is no direct authority in South African law on the granting of anonymity orders in civil cases in general, which causes uncertainty that is not in the interest of justice. As such, I analyse the comprehensive test for the granting of confidentiality orders (which include anonymity orders) in civil cases that has been developed in Canadian law, namely the Sierra Club test. In brief, this test entails that an anonymity order should only be granted if such anonymity order is (a) necessary, and (b) proportional to its purpose. I conclude that the Sierra Club test could fruitfully be applied in our law.

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)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.934
Threshold uncertainty score0.998

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0030.000
Scholarly communication0.0000.000
Open science0.0010.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

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 head0.026
GPT teacher head0.290
Teacher spread0.264 · 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

Citations0
Published2014
Admission routes1
Has abstractyes

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