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Record W2544670875

Realizing Rights Here and Now

2016· article· en· W2544670875 on OpenAlexaff
Robert Leckey

Bibliographic record

VenueSSRN Electronic Journal · 2016
Typearticle
Languageen
FieldSocial Sciences
TopicProperty Rights and Legal Doctrine
Canadian institutionsMcGill University
Fundersnot available
KeywordsHuman rightsUtopiaFundamental rightsPolitical scienceLawConstitutionRights of NatureEnforcementInternational human rights lawLaw and economicsJurisprudenceCorporate governanceSupreme courtRight to propertySociologyEconomics
DOInot available

Abstract

fetched live from OpenAlex

This paper pushes back at the conjuncture of Utopia and human rights. A focus on Utopia risks obscuring complexities in the process of realizing rights in time through institutions of governance. The first part recounts judicial rituals by which judges delay the coming into effect of their conclusion that a law violates human rights. Reference to Utopia exposes tension in the rights enterprise insofar as the more ‘radical’ approach involves not imagining rights for the future, but insisting on their enforcement now. The second part addresses a controversy around the moment when a right, on its best understanding, began to produce legal effects binding on governments. This issue raises questions about how evolving understandings of rights fit into theories of the Constitution and of judicial power – and about responsibility for the blind spots of the past. The third part analyzes these examples’ effect of displacing human rights from past and present to future. If such a displacement appears natural to philosophers who view human rights as intrinsically Utopian and future-oriented, it is disruptive for jurists’ theory of a supreme Constitution and its effect on laws that infringe rights. Where a Utopian focus on rights may imply a static condition, this paper’s cases underscore the processes of governance and of working out an inter-institutional division of labour. They invite attention not only to ends, but also to means.

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 categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.541
Threshold uncertainty score0.975

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 studies0.0010.000
Scholarly communication0.0000.000
Open science0.0000.000
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 head0.013
GPT teacher head0.269
Teacher spread0.257 · 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.

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
Published2016
Admission routes1
Has abstractyes

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