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Record W7124425451 · doi:10.26443/law.v70i3.2233

Bending the Rules?

2024· article· en· W7124425451 on OpenAlexaffvenueabout
Maneesha Deckha, Alexa Powell

Bibliographic record

VenueMcGill Law Journal · 2024
Typearticle
Languageen
FieldSocial Sciences
TopicEnvironmental law and policy
Canadian institutionsUniversity of Victoria
Fundersnot available
KeywordsJurisprudenceAnthropocentrismRule of lawSupreme courtIndigenousEnforcementEconomic JusticeScholarshipCommon law

Abstract

fetched live from OpenAlex

This article explores the relationship between the rule of law and the situation of nonhuman animals. A commonplace view prevails that the rule of law in anthropocentric legal systems is unrelated to how we treat animals. In those rare instances when jurists have framed the legal treatment of animals as a rule of law problem, the connection has been a limited one (i.e., the rule of law is said to be violated when governments fail to enforce existing laws for animals’ benefit). This article presses the connection between the rule of law and animal justice beyond the issue of poor enforcement of anticruelty laws to build upon nascent scholarship theorizing legal systemic animal use as presenting a constitutional problem implicating the rule of law. The article asks whether Canadian jurisprudence contains precedent for a “thicker” vision of the rule of law that can incorporate animal interests in its purview to generate a higher standard of animal protection than the very little that currently exists. The article concludes that it does. Although the “thinner” version is the one that has been more frequently articulated by the Supreme Court of Canada, the analysis charts the significant precedent for a substantive vision, arguing that such a vision could theoretically extend to animals and that this doctrinal opening should not be summarily closed by ongoing anthropocentric reasons. The article further highlights existing legal commitments outside of conventional rule of law doctrine, namely reconciliation with Indigenous legal orders and adherence to customary international environmental law and developments in transnational environmental litigation, as additional doctrinal grounds as to why Canadian legal conversations and reasoning about what the rule of law means and protects should consider an animal-inclusive vision.

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)0.012
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: Commentary · Consensus signal: none
Teacher disagreement score0.224
Threshold uncertainty score0.445

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0050.012
Meta-epidemiology (narrow)0.0010.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0020.001
Science and technology studies0.0120.031
Scholarly communication0.0140.012
Open science0.0030.005
Research integrity0.0050.008
Insufficient payload (model declined to judge)0.0330.007

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 head0.027
GPT teacher head0.322
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
GenreCommentary

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
Published2024
Admission routes3
Has abstractyes

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