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Record W3124331650 · doi:10.1353/tlj.2011.0037

'Necessity knows no law': On extreme cases and uncodifiable necessities

2011· article· en· W3124331650 on OpenAlexvenueno aff
Alon Harel, Assaf Sharon

Bibliographic record

VenueUniversity of Toronto Law Journal · 2011
Typearticle
Languageen
FieldSocial Sciences
TopicTorture, Ethics, and Law
Canadian institutionsnot available
Fundersnot available
KeywordsDeontological ethicsDignityNormativeTortureContext (archaeology)ConsequentialismLawLaw and economicsEpistemologySociologyPolitical sciencePhilosophyHuman rightsHistory

Abstract

fetched live from OpenAlex

This article analyses the category of extreme cases - cases involving catastrophic consequences the avoiding of which requires severe measures (e.g. torture, shooting a plane in 9/11 situations, etc). We first reject two traditional solutions to extreme cases: deontology/threshold deontology (as traditionally understood) and consequentialist solutions. Our proposal maintains that what is most pernicious is not the violation of moral rules as such but their principled or rule-governed violation. Maintaining a normative distinction between acts performed under the direction of principles/rules, on the one hand, and unprincipled, context-generated acts, acts performed under the force of circumstances, on the other, allows for accommodating the necessity of infringements in extreme cases within a (non-conventional) deontological framework. Agents who perform acts under extreme cases ought not to be guided by rules or principles. Instead, they ought to make particular judgments not governed by rules. We also establish that this solution follows from the Kantian conception of human dignity.

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 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: Empirical · Consensus signal: none
Teacher disagreement score0.944
Threshold uncertainty score0.999

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 studies0.0020.001
Scholarly communication0.0000.001
Open science0.0000.000
Research integrity0.0000.000
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 head0.079
GPT teacher head0.259
Teacher spread0.179 · 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.

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

Citations5
Published2011
Admission routes1
Has abstractyes

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