Bibliographic record
Abstract
In dealing with the antinomy of reason and fiat, the main effort of the various schools of legal philosophy has been to obliterate one of its branches. Lon L. Fuller [T]he historical study of legal institutions may have more to offer to … [the] … solution [of the problems of legal theory] than has yet been appreciated. A. W. Brian Simpson The common law tradition claims not only that the law is reason but also that the reason of the law is morally good. Judges' reasons for decision, their judgments, are considered within this tradition to be evidence for this claim, for the way in which the common law “works itself pure.” Philosophers of law who work in common law jurisdictions have taken one of three approaches to this claim. First, there are philosophers who have tried to make sense of the common law through an argument that in attending to the way that judges interpret the law, we will not only best understand law but also discern the connection between law and morality. We will call such philosophers, without any pejorative intent, common law romantics. Most notable among them is Ronald Dworkin. Second, philosophers have argued that the common law is a mess – in Jeremy Bentham's words, a “shapeless heap of odds and ends.” Such a mess, Bentham argued, leads to uncertainty about the law that not only is contrary to the demands of utility but permits “Judge & Co.” to arrogate power that properly belongs to the legislature.
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 imitationNot 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.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.005 | 0.007 |
| Meta-epidemiology (narrow) | 0.001 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.002 | 0.022 |
| Scholarly communication | 0.008 | 0.008 |
| Open science | 0.002 | 0.002 |
| Research integrity | 0.005 | 0.005 |
| Insufficient payload (model declined to judge) | 0.010 | 0.002 |
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 source (direct Gemma or distilled Codex), 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".