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Record W2572350151 · doi:10.3138/utlj.4216

Why judges should dissent

2017· article· en· W2572350151 on OpenAlexaffvenue
Peter W. Hogg, Ravi Amarnath

Bibliographic record

VenueUniversity of Toronto Law Journal · 2017
Typearticle
Languageen
FieldSocial Sciences
TopicJudicial and Constitutional Studies
Canadian institutionsYork University
Fundersnot available
KeywordsDissenting opinionDissentPolitical scienceJudicial opinionTransparency (behavior)LawIndeterminacy (philosophy)Law and economicsSociologyEpistemologyPolitics

Abstract

fetched live from OpenAlex

This article discusses why judges at intermediate appellate courts should dissent when they are in disagreement with their colleagues as to either the outcome of a case or the reasons given to reach a particular decision. The authors argue that dissenting judgments promote individual judicial responsibility and demonstrate transparency as to how a decision was reached by a panel of judges. They also describe how dissenting judgments have the ability to potentially shape the law at different courts, including international courts. The article goes on to describe the challenges judges face when deciding whether to dissent. Specifically, the authors discuss how the politicization of judgments, the indeterminacy of decisions, and the fracturing of collegiality within a court can deter judges from writing a dissenting judgment.

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)0.029
metaresearch head score (Gemma)0.110
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: Commentary · Consensus signal: Commentary
Teacher disagreement score0.029
Threshold uncertainty score0.152

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0290.110
Meta-epidemiology (narrow)0.0000.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0010.001
Science and technology studies0.0110.021
Scholarly communication0.0070.005
Open science0.0020.005
Research integrity0.0100.010
Insufficient payload (model declined to judge)0.0050.003

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 head0.042
GPT teacher head0.290
Teacher spread0.248 · 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
GenreCommentary

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

Citations4
Published2017
Admission routes2
Has abstractyes

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