Bibliographic record
Abstract
I argue that we cannot have legal order without judges who have an understanding of legal principles that transcends the law of their land. But this is an understanding of the principles of legality, rather than of the moral content of the law. Moreover, the reason we cannot have legal order without judges is that law must claim not only authority but also legitimate authority over its subjects. It follows that the willingness to engage in any kind of analysis of cases in order to answer questions about what judges should or should not do requires that certain positions sceptical about judicial review openly revise a fundamental commitment – the practically unrealizable commitment to have law without judges. But it also requires the common law tradition, including Ronald Dworkin, to attend more to the independent status of legality. In sum, the focus on the question ‘What is a judge?’ brings with it attention both to the idea of legality and to the specific authority of law.
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 imitationNot 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.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.007 | 0.011 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.006 | 0.040 |
| Scholarly communication | 0.010 | 0.011 |
| Open science | 0.002 | 0.004 |
| Research integrity | 0.007 | 0.008 |
| Insufficient payload (model declined to judge) | 0.006 | 0.002 |
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.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
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".