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Record W3184641484 · doi:10.4337/9781783479689.00021

Good faith as a core principle

2021· book-chapter· en· W3184641484 on OpenAlexaboutno aff
Douglas Brodie

Bibliographic record

VenueEdward Elgar Publishing eBooks · 2021
Typebook-chapter
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsnot available
Fundersnot available
KeywordsSupreme courtJurisprudencePolitical scienceDiscretionLawFaithNorm (philosophy)ParagraphContext (archaeology)Law and economicsSociologyHistoryEpistemologyPhilosophy

Abstract

fetched live from OpenAlex

Chapter Eleven offers a comparative excurses and looks in much more detail at Canadian developments and, in particular, the impact of the decision of the Supreme Court in Bhasin referred to in the preceding paragraph. The chapter looks at how Canadian law has developed since that landmark decision. This allows insight into how good faith may impact when it becomes an overarching norm. The position in both England and Scotland is, of course, currently far removed from this. The response within Canada to Bhasin has been for the most part cautious and most decisions would have been decided in the same way even if the Supreme Court had not spoken. Of late there have been indications of greater movement and in Heller the Supreme Court has taken the radical step of allowing the substantive fairness of the bargain to be challenged. Bhasin also offers a route to prevent contracting-out but the issue does not yet appear to have been explored in detail in the employment context. The conclusion is reached that Canadian jurisprudence may well be of most relevance where it addresses specific issues (such as regulation of discretion) that have troubled the courts in the UK. The outcome in many of the Canadian cases was not contingent upon the existence of an overarching norm but merely on good faith being relevant to the context in question.

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)0.001
metaresearch head score (Gemma)0.001
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesMeta-epidemiology (narrow), Scholarly communication, 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 score0.911
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.000
Bibliometrics0.0000.000
Science and technology studies0.0010.000
Scholarly communication0.0030.001
Open science0.0010.001
Research integrity0.0010.001
Insufficient payload (model declined to judge)0.0020.001

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 head0.050
GPT teacher head0.313
Teacher spread0.262 · 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
GenreOther

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
Published2021
Admission routes1
Has abstractyes

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