MétaCan
Menu
Back to cohort
Record W5251154 · doi:10.22329/wyaj.v25i2.4617

The Sovereign, the Law and the Two British Empires

2007· article· en· W5251154 on OpenAlexvenueno aff
Ian Duncanson

Bibliographic record

VenueWindsor Yearbook of Access to Justice · 2007
Typearticle
Languageen
FieldSocial Sciences
TopicAmerican Constitutional Law and Politics
Canadian institutionsnot available
Fundersnot available
KeywordsSovereigntyLawParliamentary sovereigntyEmpireLegitimacyColonialismConstitutionLegislaturePoliticsPolitical sciencePopular sovereigntyBritish EmpireSociology

Abstract

fetched live from OpenAlex

All political societies have peculiarities, and nothing special is to be concluded from the Anglophone focus of the present article. The theme here is that there was a schism between the fi rst and second British empires, not in itself an original thought, as the paper makes clear. The fi rst empire, as conceived by many historians, was an Atlantic empire governed by the British monarch and the Westminster legislature in the United Kingdom, and by the British monarch through his local representative, the colonial governor and the colonial assemblies. It appeared as a kind of confederation to many contemporaries, including Franklin and Washington, until as late as the mid-1770s. In each of the communities, the common law governed according to the customs of the people, subject to amendment by the appropriate legislature. The latter might be at London, Massachusetts or Philadelphia. For reasons outlined in the article, this system broke down when Westminster asserted ultimate sovereignty and the validity to override colonial assemblies and tax the colonies without their consent. The colonies objected and broke with Britain.In Britain itself and in the remaining colonies, Westminster’sassertion represented a new, stronger view of sovereignty, one in whichlaw no longer even notionally refl ected the slowly changing customs, habitsand expectations of the governed. Instead, sovereignty represented thewill of the sovereign. The legitimacy or validity of laws no longer referredto their content, or their conformity with a “balanced” constitution.Instead, the legitimacy rested in the pedigree of a law. To its practicalquestion, ‘is this a valid law?’ the British imperial world was ready forthe Benthamite answer. The latter was to remain culturally dominantfor many decades, and still dominates the dry fi elds of legal positivismand conservative social science. Bentham asked ‘is a law the sign of thevolition of the sovereign?’ Elsewhere, Bentham asserted that the contentof the law bore no relation to its validity. This article examines thischange from the earlier Whig thought which informed the AmericanRevolution and what became of it.

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)0.001
metaresearch head score (Gemma)0.003
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Other · Consensus signal: Other
Teacher disagreement score0.269
Threshold uncertainty score0.535

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0010.003
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.001
Science and technology studies0.0060.019
Scholarly communication0.0080.004
Open science0.0000.002
Research integrity0.0020.004
Insufficient payload (model declined to judge)0.0030.000

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 head0.026
GPT teacher head0.344
Teacher spread0.318 · 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 designTheoretical or conceptual
Domainnot available
GenreOther

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

Citations1
Published2007
Admission routes1
Has abstractyes

Explore more

Same venueWindsor Yearbook of Access to JusticeSame topicAmerican Constitutional Law and PoliticsFrench-language works237,207