BASIC RIGHTS AND SUBSTANTIVE CRIMINAL LAW: THE INCEST CASE
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.
Bibliographic record
Abstract
To what extent do constitutional basic rights limit the legislator in the field of substantive criminal law? This is the main question of this article. Its dilemma is that, at least from a continental view, we have two ‘disciplines’ dealing with them: constitutional law and criminal law. The divergence culminates in the concept of the Rechtsgut (public value or interest), which serves as a starting point in the criminal law arena. This difference was decisive in a case where the German Constitutional Court stated that the punishment of incest between natural siblings is not contrary to the German Basic Law. Criminal lawyers disagree with that ruling because the criminal law provision does not protect a legitimate Rechtsgut. The ‘criminal law school’ of the Rechtsgut puts all aspects of legitimate criminalization into one and only box: ‘the’ Rechtsgut. This is not convincing from the point of view of constitutional 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.
Full frame distilled prediction
Teacher imitationNot 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.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.000 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.002 | 0.001 |
| Scholarly communication | 0.000 | 0.001 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.001 | 0.000 |
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.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it