MétaCan
Menu
Back to cohort
Record W2593365899

The Only Legitimate Rule

2017· article· en· W2593365899 on OpenAlexaffabout
Bruce Pardy

Bibliographic record

VenueSSRN Electronic Journal · 2017
Typearticle
Languageen
FieldSocial Sciences
TopicEnvironmental law and policy
Canadian institutionsQueen's University
Fundersnot available
KeywordsAutonomyLegitimacyLaw and economicsPoliticsNeutralityRule of lawGovernment (linguistics)Political scienceEnvironmental lawEnvironmental ethicsLawBusinessSociology
DOInot available

Abstract

fetched live from OpenAlex

Is autonomy “natural”? In Ecolawgic: The Logic of Ecosystems and the Rule of Law, I argue that a legal system of intrinsic neutrality is one over which no political office or branch of government has control and in which individuals have the autonomy to pursue their own interests. In “Autonomy in the Anthropocene”, the preceding article in this issue of the Dalhousie Law Journal, Professor Jason MacLean challenges the thesis of Ecolawgic. MacLean argues that autonomy is not a feature of neutral legal systems but a product of cultural norms and regulation. He maintains that Ecolawgic’s prescription provides neither optimal economic outcomes nor effective environmental protection. The purpose of this article is to reply to MacLean’s critique and to argue that there is only one legitimate rule to govern legal relations between competent adults. In the wild, organisms compete for scarce resources. Those organisms better adapted to conditions survive and reproduce. Their interactions constitute ecosystems. No legal rules govern behaviour and might is right. Human beings trade spontaneously. Parties enter into transactions when they perceive themselves as better off to trade than to fight. Their transactions constitute markets. Moral values and policy goals express preferences whose inherent validity cannot be established. Laws based upon those preferences lack legitimacy. Where governments use might to impose laws and policies that are illegitimate, they unintentionally imitate ecosystems, where might is right. Political constituencies use whatever means necessary to impose their preferences, and their opponents use whatever means necessary to resist. They are “autonomous” in the ecosystem sense: there are no inherently valid restrictions on behaviour. The result is a social order of division and conflict. The alternative is to model human governance on the other system that exists independently of state preference: markets. If the model for human governance is markets, interactions between people are voluntary. People are “autonomous” in the market sense: they may pursue their own interests without coercion. Instead of imposing illegitimate rules and policies, the state uses force only to prohibit the use of force. A plethora of sub-rules follow as corollaries of the rule against coercion: property, consent, criminal offences that punish violence and so on.There is no third choice. Coercion is not right or wrong depending upon the goals being pursued since those goals are merely preferences. Their advocates cannot establish that their goals have inherent validity to those who do not agree. Therefore, giving priority to those objectives is to assert that might is right. If might is right, we are back to ecosystems, where any and all actions are legitimate.If might is right, anything goes, and the model is ecosystems. If might is not right, coercion is prohibited, and the model is markets. Choose one and all else follows.

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)0.012
metaresearch head score (Gemma)0.026
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.012
Threshold uncertainty score0.063

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0120.026
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0010.001
Science and technology studies0.0070.038
Scholarly communication0.0100.011
Open science0.0020.005
Research integrity0.0080.010
Insufficient payload (model declined to judge)0.0090.003

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 head0.010
GPT teacher head0.306
Teacher spread0.296 · 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 designNot applicable
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
Published2017
Admission routes2
Has abstractyes

Explore more

Same venueSSRN Electronic JournalSame topicEnvironmental law and policyFrench-language works237,207