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Record W2591938228 · doi:10.1093/jrls/jlw016

Private Authority and the Role of Rights: A Reply

2016· article· en· W2591938228 on OpenAlexaff
Arthur Ripstein

Bibliographic record

VenueJerusalem Review of Legal Studies · 2016
Typearticle
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsOntario College of Art and Design
Fundersnot available
KeywordsSubject (documents)Focus (optics)Relation (database)Action (physics)EpistemologyLaw and economicsSociologyLawPolitical sciencePhilosophyComputer science

Abstract

fetched live from OpenAlex

I am grateful to each of the commentators for their detailed and careful engagement with my work. In responding to their comments, I am not able to address all of the particulars that they mention, and so focus instead what a take to be the main areas of disagreement. Most of these focus on the distinction between misfeasance and nonfeasance. Both Steele and Cornell propose to soften the distinction by focusing on the effects of an action, rather than exclusively on norms of conduct. Dagan and Dorfman deny the distinction, treating it as an artifact of moral and information-processing limitations of legal institutions. Gardner focuses more on a methodological issue, which concerns the nature and justification of private legal authority, which I regard as inseparable from the distinction between misfeasance and nonfeasance. I will begin with Gardner’s generous comment, because I think clarifying the issue that he raises will bring my treatment of the distinction between misfeasance and nonfeasance into sharper focus. Gardner focuses on one footnote in my book. I should concede from the outset that my choice of wording was unfortunate in several ways. I should not have used the word “indicate” there to characterize the relation between an authority and the reasons that apply to those subject to it. As Gardner correctly points out, an indicator, however reliable, is not authoritative; something only counts as an authority if its say-so determines what you must do. Gardner captures the service conception’s account of successful exercises of authority: authorities “serve us wisely, more particularly, by helping us to do what it is anyway, apart from the authority’s intervention, wise for us to do.” My claim in that footnote is that the private authority you have over your body or property is different; there is no authority-independent fact of the matter about what those subject to your authority have reason to do with your body and property “apart from the authority’s intervention.” They must refrain from interfering with it without your authorization, which is just to say that apart from your intervention, they must acknowledge your authority, that is, that it is up to you, not to them.

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)0.002
metaresearch head score (Gemma)0.001
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: Review · Consensus signal: none
Teacher disagreement score0.967
Threshold uncertainty score0.443

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.001
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 head0.027
GPT teacher head0.350
Teacher spread0.323 · 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
GenreReview

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

Citations2
Published2016
Admission routes1
Has abstractyes

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