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Record W7111695239

Questions About the Reasonable Accommodation of Minorities

2010· article· W7111695239 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.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueeYLS (Yale Law School) · 2010
Typearticle
Language
FieldSocial Sciences
TopicReligious Freedom and Discrimination
Canadian institutionsnot available
Fundersnot available
KeywordsRedressReasonable accommodationAccommodationConstructivePoliticsDemocracyProperty (philosophy)Legal culture
DOInot available

Abstract

fetched live from OpenAlex

The furore following the lecture by the Archbishop of Canterbury in early 2008—where Dr Rowan Williams discussed the prospect of some limited form of Shari’a being introduced into Britain—reminds us that the accommodation of minorities is seldom an uncontroversial or straightforward subject. The UK debate quickly degenerated into a heated and polarized discussion that, with few exceptions, neglected to undertake a constructive analysis of the underlying issues and policy concerns. In this brief essay I hope at least to partly redress that shortcoming by illuminating some key questions that a modern liberal state confronts in legally accommodating the religious and cultural claims of minority groups. The title of this essay refers to the ‘reasonable accommodation of minorities’. I take this to mean accommodation within a modern legal system of the norms and requirements of their culture or religion or of the law associated with their culture or religion or associated elsewhere with a political community of which they and their ancestors were once a part. I shall assume that the accommodations occurs within the framework of a comprehensive system of law in a modern democratic state. Among other things, ‘accommodation’ might include (i) exemptions from generally applicable prohibitions or requirements to permit actions (or omissions) required by minority norms but presently prohibited by general law, or (ii) giving legal effect to transactions (such as certain types of marriage or property transactions) structured and controlled by norms other than those used to structure and control similar transaction in the general system of law. (An example of (ii) might be the introduction and recognition of marriage as defined by Shari’a law within the general framework of British law or Israeli law of the law of Ontario.) I assume that ‘accommodation’ does not include devolution of government, in a sense that would allow a minority community to determine, for example, (iii) the imposition of punishments for crimes that were more severe than, or different in character from, the punishments imposed by the general legal system (amputation for theft, for example). Possibly accommodations of type (i) might have something in common with accommodations of type (iii)—for example, allowing minority groups freedom from constraints on corporal punishment imposed generally on parents. But the idea of devolution and regional autonomy, with different legal systems (what the Archbishop of Canterbury in his Shari’a Lecture called ‘parallel jurisdictions’), is in principle separable from the idea of accommodation within the framework of a single overarching legal system associated—importantly here—with a single state in control of the legitimate means of coercion. So I shall not discuss accommodations of type (iii).

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, Insufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.660
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 studies0.0020.002
Scholarly communication0.0000.001
Open science0.0010.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0010.000

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 head0.017
GPT teacher head0.285
Teacher spread0.267 · 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