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On Statutory Interpretation and the (Canadian) Rule of Law: Interpretive Presumptions as Boundary Setting

2015· article· en· W3121721822 on OpenAlexafffundabout
Anver M. Emon

Bibliographic record

VenueTSpace (University of Toronto) · 2015
Typearticle
Languageen
FieldSocial Sciences
TopicJudicial and Constitutional Studies
Canadian institutionsUniversity of Toronto
FundersFondation pour la recherche juridique
KeywordsStatutory interpretationLawPhilosophy of lawJurisprudenceStatutory lawPublic lawRule of lawComparative lawBoilerplate textPrivate lawCommon lawPolitical scienceBlack letter lawLaw and economicsSociology

Abstract

fetched live from OpenAlex

This article brings together debates in statutory interpretation, the rule of law, and legal interpretation. Examining theoretical accounts of the rule of law, the article incorporates a greater attention to questions of interpretivism and the historical context of the interpreter in order to give contextual content to the rule of law. Construing rule of law in terms of fundamental questions about legal interpretation (e.g., discretion, determinacy, objectivity), the article proposes viewing rule of law as a bounded claim space in order to front the boundaries of that space as focal points for rule of law analysis. Reviewing various presumptions of statutory interpretation in Canadian jurisprudence, the article suggests that these presumptions are proxies for the boundary conditions that define, demarcate, and delimit a distinctively Canadian rule of law tradition, thereby showcasing the analytic heft and limited scope of rule of law analysis.

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)0.010
metaresearch head score (Gemma)0.019
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 score0.912
Threshold uncertainty score0.636

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0100.019
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0050.006
Science and technology studies0.0210.094
Scholarly communication0.0160.007
Open science0.0030.005
Research integrity0.0040.007
Insufficient payload (model declined to judge)0.0040.000

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 head0.017
GPT teacher head0.273
Teacher spread0.256 · 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

Citations0
Published2015
Admission routes3
Has abstractyes

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