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Record W4385510037 · doi:10.60082/2563-8505.1426

Touch of Evil: Disagreements at the Heart of the Criminal Law Power

2022· article· en· W4385510037 on OpenAlexaboutno aff
Eric M. Adams

Bibliographic record

VenueSupreme Court law review · 2022
Typearticle
Languageen
FieldSocial Sciences
TopicCriminal Law and Evidence
Canadian institutionsnot available
Fundersnot available
KeywordsLawSupreme courtParliamentPolitical scienceCriminal lawJurisprudencePower (physics)Criminal procedureCriminal justicePolitics

Abstract

fetched live from OpenAlex

Evil has been a diffıcult presence to shake in the judicial treatment of Parliament’s criminal law power, s. 91(27). From its early treatment by the Judicial Committee of the Privy Council to the Supreme Court of Canada’s latest disagreements in Reference re Genetic Non-Discrimination Act, the necessity of suppressing evil has woven in and out of the jurisprudence of the criminal law power. Alluring for its potential to provide some integrity and definitional limits to a broad head of jurisdictional power, a judicial standard premised on evil ultimately distracts more than it assists in adjudicating the division of powers by drawing courts into unquantifiable assessments of the amount of evil required before Parliament can validly enact criminal law. Better for courts to be guided by the broader conception of criminal public purpose articulated in Justice Rand’s famous judgment in Margarine Reference as a way to enable the respect of the full scope of Parliament’s authority while also protecting the balance of federalism. The Supreme Court’s divided reasons in Reference re Genetic Non-Discrimination Act provide hope for just that approach while also suggesting that evil may continue to unhelpfully hover at the edges of a case law it has haunted for too long.

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)0.030
metaresearch head score (Gemma)0.049
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.030
Threshold uncertainty score0.158

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0300.049
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0030.002
Science and technology studies0.0080.044
Scholarly communication0.0140.016
Open science0.0020.005
Research integrity0.0100.017
Insufficient payload (model declined to judge)0.0030.001

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 head0.060
GPT teacher head0.352
Teacher spread0.292 · 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 designNot applicable
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
Published2022
Admission routes1
Has abstractyes

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