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Record W4403172393 · doi:10.1093/rsq/hdad027

Rewriting <i>Febles</i>, Decolonialising Exclusion

2023· article· en· W4403172393 on OpenAlexaffabout
Veronica Fynn Bruey, Colin Grey

Bibliographic record

VenueRefugee Survey Quarterly · 2023
Typearticle
Languageen
FieldSocial Sciences
TopicPolitical Philosophy and Ethics
Canadian institutionsQueen's UniversityAthabasca University
Fundersnot available
KeywordsSeriousnessRefugeeInjusticeLawGenocidePlaintiffImmigrationPolitical sciencePoliticsCriminologyCitizenshipEconomic JusticeSociology

Abstract

fetched live from OpenAlex

Abstract Article 1F(b) of the 1951 Convention relating to the Status of Refugees denies refugee protection to persons who have committed a “serious non-political crime.” In Febles v. Canada (Citizenship and Immigration), 2014 SCC 68, a majority of the Supreme Court of Canada held that the “seriousness” of a crime is to be determined based on the offence at the time it was committed. Later developments, such as serving a sentence or rehabilitation, do not factor in the analysis. Febles remains the leading apex court decision on determining seriousness. We argue the majority’s analysis creates the potential for both material and epistemic injustice. We then rewrite Febles by drawing on criminal law theory and a variety of critical perspectives, most notably critical race theory, decolonial theory, and Third World Approaches to International Law. On our rewrite, crimes meet the threshold of “seriousness” if they represent an intrinsic threat to the civil order of any State, hence indirectly a threat to the international order. Exclusion holds refugee status in abeyance until the goals of criminal justice have been met with respect to such crimes. If they have, either through formal or informal means, a claimant should not be excluded.

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)0.005
metaresearch head score (Gemma)0.010
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 score0.171
Threshold uncertainty score0.341

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0050.010
Meta-epidemiology (narrow)0.0010.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0020.001
Science and technology studies0.0090.016
Scholarly communication0.0070.004
Open science0.0020.003
Research integrity0.0050.009
Insufficient payload (model declined to judge)0.0040.001

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 head0.087
GPT teacher head0.383
Teacher spread0.295 · 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
Published2023
Admission routes2
Has abstractyes

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