MétaCan
Menu
Back to cohort
Record W2974680420 · doi:10.1080/20403313.2019.1658450

The place of instrumental reasoning in law

2019· article· en· W2974680420 on OpenAlexafffund
Hamish Stewart

Bibliographic record

VenueJurisprudence · 2019
Typearticle
Languageen
FieldSocial Sciences
TopicMulticultural Socio-Legal Studies
Canadian institutionsUniversity of Toronto
FundersSocial Sciences and Humanities Research Council of Canada
KeywordsJurisprudenceLawConstitutionPhilosophy of lawSociologyEpistemologyOrder (exchange)Law and economicsPolitical sciencePublic lawPhilosophyEconomics

Abstract

fetched live from OpenAlex

Most people think of law as an instrument that can help us achieve human purposes that can themselves be adequately specified without reference to law or legal ideas. But a number of scholars, associated in various ways with the natural law tradition in jurisprudence, have argued that we should understand law non-instrumentally, in the sense that its role is to constitute rightful relations between people, where the rightfulness of these relations cannot be specified apart from the legal ideas, institutions, principles, and rules that constitute them. On this view, the law cannot be instrumental because its purpose cannot be understood independently of the way it achieves that purpose. In this paper, I argue that these two views are compatible to the following extent. Even if the point of the legal order as a whole is to constitute a state of affairs that is rightful in a sense that cannot be characterised apart from legal ideas, instrumental reasoning about the causal effectiveness of particular laws in achieving particular purposes is not precluded, indeed is essential, provided those purposes are themselves understood as contributions to the constitution of just relations between people rather than as contributions to the achievement of some independently defined good.

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)0.028
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: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.028
Threshold uncertainty score0.150

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0280.026
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.002
Bibliometrics0.0040.002
Science and technology studies0.0070.105
Scholarly communication0.0150.025
Open science0.0040.008
Research integrity0.0070.014
Insufficient payload (model declined to judge)0.0040.001

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 head0.013
GPT teacher head0.307
Teacher spread0.295 · 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
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

Citations1
Published2019
Admission routes2
Has abstractyes

Explore more

Same venueJurisprudenceSame topicMulticultural Socio-Legal StudiesFrench-language works237,207