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Record W4414620344 · doi:10.1017/s135232522510075x

Can We Legally Revise the Highest Legal Rule?

2025· article· en· W4414620344 on OpenAlex

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.

affAt least one author lists a Canadian institution in the pinned OpenAlex snapshot.

Bibliographic record

VenueLegal Theory · 2025
Typearticle
Languageen
FieldSocial Sciences
TopicLegal Systems and Judicial Processes
Canadian institutionsWestern University
FundersUniversity of Wisconsin-Madison
KeywordsLegal realismField (mathematics)Legal ethicsLegal researchRule of lawLegal professionEmpirical legal studies

Abstract

fetched live from OpenAlex

Abstract This paper is about whether we can revise the highest rule in a legal system using legal reasoning. HLA Hart and Alf Ross argued that we can’t: either the highest rule is unchangeable, or it can only be changed in a revolution—a merely causal change, not a legal one. I argue, drawing on an idea from Hartry Field about logic and epistemology, that we can. The emergence of the conclusion, within a legal system, that the highest rule should be replaced by something else can provide a legal reason for the change. In making the change, we act for reasons internal to the legal system. This allows us to make sense of the distinction, recognized by legal subjects, between a revolution and a legal change of sovereignty.

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 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)0.002
metaresearch head score (Gemma)0.001
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: none
Teacher disagreement score0.877
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.001
Science and technology studies0.0020.001
Scholarly communication0.0010.000
Open science0.0010.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

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.

Opus teacher head0.011
GPT teacher head0.287
Teacher spread0.276 · 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