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Record W2894116523

Making the Mandela Rules: Evidence, Expertise, and Politics in the Development of Soft Law International Prison Standards

2018· article· en· W2894116523 on OpenAlexaboutno aff
Jennifer Peirce

Bibliographic record

VenueSSRN Electronic Journal · 2018
Typearticle
Languageen
FieldSocial Sciences
TopicCriminal Law and Evidence
Canadian institutionsnot available
Fundersnot available
KeywordsPrisonNormativeNegotiationPolitical scienceLawSoft lawPoliticsInternational lawSociology
DOInot available

Abstract

fetched live from OpenAlex

In 2015, the United Nations adopted the Revised Standard Minimum Rules for the Treatment of Prisoners, known as the Mandela Rules. These new soft law standards are a significant normative reference for national legislators, courts, correctional administrators, and advocates on a range of prison conditions issues. The Mandela Rules include restrictions on solitary confinement that are far more stringent than longstanding Canadian law and practice and have already begun to inform the resolution of contemporary constitutional litigation. Despite their use in constitutional litigation, there is little empirical work done on how international standards, such as the Mandela Rules, are generated—what evidence is relied upon, what compromises are made, and what pragmatic realities shape the final content. This article provides a window into the socio-legal aspects of developing soft law on a topic that is gaining prominence in international and domestic arenas. Drawing from both original interviews and official accounts, this article traces the formation of the UN Mandela Rules and examines how the preparatory and negotiation processes included an unusual degree of involvement of subject matter experts, with both advocates and correctional administrators working to generate evidence-based, pragmatic recommendations. The author argues that the process behind the Mandela Rules challenges assumptions about “correctional expertise” being opposed to restrictions on solitary confinement. Furthermore, this account of the making of the Mandela Rules suggests that these new international norms are not aspirational or foreign, as some have assumed. Rather, they are the product of thoughtful grappling with both normative and operational principles across varying prison settings. The author concludes that judges and policy-makers should consider the broader context of the development of international standards when determining how to rely on international norms as a source of evidence in the resolution of domestic legal issues.

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)0.006
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: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.453
Threshold uncertainty score0.983

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0060.000
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 science0.0010.000
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 head0.057
GPT teacher head0.388
Teacher spread0.331 · 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

Citations8
Published2018
Admission routes1
Has abstractyes

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