Bibliographic record
Abstract
This article examines the theory of liability for pre-natal injuries adopted by Canadian courts. In 1933, the Supreme Court of Canada became the first common law appellate court to allow a child to succeed in negligence against a third party for pre-natal injuries. Though the Court maintained that legal personhood commences at birth, it created the judicial artifice allowing a child to be granted the legal rights of personhood the moment a careless act is committed against it in utero. While the born alive rule may appear unproblematic vis-a-vis third party negligence, it becomes theoretically unruly in cases where a child sues his or her own mother for pre-natal injuries, The Supreme Court faced this issue in Dobson v. Dobson and for policy reasons found that pregnant women are immune from maternal tort liability in negligence. Notwithstanding the nobles of the Supreme Court's commitment to protecting the autonomy of women, the Author argues that the decision to adopt public policy considerations to the exclusion of a principled approach ultimately sidesteps the issue of when the relationship between a pregnant woman and her foetus gives rise to a legal duty of care.
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 imitationNot 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.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.001 | 0.000 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.001 |
| Insufficient payload (model declined to judge) | 0.000 | 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 teacher head, 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".