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Record W2915801593

(Re)-Constitutionalizing Duress and Necessity

2016· article· en· W2915801593 on OpenAlexaffabout
Colton Fehr

Bibliographic record

VenueTSpace · 2016
Typearticle
Languageen
FieldNeuroscience
TopicFree Will and Agency
Canadian institutionsSimon Fraser University
Fundersnot available
KeywordsExcuseLawSupreme courtInnocencePolitical scienceLaw and economicsSociology
DOInot available

Abstract

fetched live from OpenAlex

The Supreme Court of Canada’s decision in Ruzic established that the principle of moral involuntariness forms both the conceptual and constitutional basis for the duress and necessity defences. Scholars have contended that the moral involuntariness principle is not only inconsistent with the legal requirements the Court has developed for the duress and necessity defences, but also serves to veil the underlying values which might otherwise form the bases of these defences. The practical effect of ignoring the moral distinctions underlying an accused’s act is to unjustly deny some accused a criminal defence, contrary to s. 7 of the Charter. By re-constitutionalizing the defences along a continuum of principles—moral involuntariness, moral permissibility, and moral correctness—I argue that the law will be able to develop in a manner which permits the legal requirements for duress and necessity to be commensurate with the moral qualities of an accused’s act.

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)0.000
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: Bench or experimental · Consensus signal: Bench or experimental
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.124
Threshold uncertainty score0.276

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
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 head0.052
GPT teacher head0.319
Teacher spread0.267 · 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 designBench or experimental
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 routes2
Has abstractyes

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