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Record W2990121950 · doi:10.5040/9781509995325.ch-010

The Demise of Rights as Trumps

2019· book-chapter· en· W2990121950 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

affAt least one author lists a Canadian institution in the pinned OpenAlex snapshot.

Bibliographic record

VenueSecurity and Human Rights · 2019
Typebook-chapter
Languageen
FieldSocial Sciences
TopicTorture, Ethics, and Law
Canadian institutionsThompson Rivers University
Fundersnot available
KeywordsDemisePolitical scienceLaw and economicsLawEconomics

Abstract

fetched live from OpenAlex

For much of the post 9/11 period, liberal jurists have resisted the entrenchment of radical measures and insisted upon the compatibility of freedom and security. Yet they have been largely ignored in a political climate in which fear and reaction dominate. This chapter argues that the nature of this impasse can best be understood in terms of the decline in the cultural currency of Ronald Dworkin’s concept of ‘rights as trumps.’ First argued in 1970, in a period of human rights ascendency, Dworkin’s approach rejected the notion of balancing individual and collective interests in favour of the moral priority of individual dignity and equality. Despite an increasing concern with security and risk in western law and politics, rights as trumps retained a degree of currency from the 70s to 2001. But 9/11 would radically undermine the ideal by altering our assumptions about the magnitude of the risk posed by criminal activity, and specifically in terms of what can be called the harbinger theory — a belief that 9/11 marked a new order of terror, with further attacks likely to occur on a similar or greater scale, possibly involving WMD. This chapter examines Dworkin’s defence of rights as trumps in light of this later imaginary to reveal its implied conditions and their complication by the harbinger theory. The demise of rights as trumps — and the larger impasse in current debates about rights and security — is seen here to be a consequence of an inability to reconcile the prospect of mass terror with earlier ideas about rights, risk, and security.

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.

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)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies, Insufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: Other
Teacher disagreement score0.502
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0030.002
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0010.001
Insufficient payload (model declined to judge)0.0010.000

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 head0.022
GPT teacher head0.293
Teacher spread0.271 · 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