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Record W7133053065

Private Oppression: An Account of Motive and Purpose in Anglo-Canadian Private Liability

2021· dissertation· W7133053065 on OpenAlexaboutno aff
Gregory Freeman Wayne Bowley

Bibliographic record

VenueTSpace · 2021
Typedissertation
Language
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsnot available
FundersDeakin UniversityGlaxoSmithKline
KeywordsTortLiabilityStrict liabilityNormativeElement (criminal law)OppressionAction (physics)Jurisprudence
DOInot available

Abstract

fetched live from OpenAlex

The role of subjective intent, motive, and purpose in the assignment of private liability in interpersonal disputes remains a point of uncertainty and dispute in contemporary Anglo-Canadian jurisprudence and commentary. Notwithstanding a preponderance of academic interventions and decisions of the highest authority to the effect that an actor’s subjective intent, motive, or purpose plays no justifiable part in classifying private conduct as wrongful, several causes of action which make either express or implicit use of a subjective element as a prerequisite for the imposition of liability persist in Anglo-Canadian tort law, including the torts of libel, slander, malicious falsehood, slander to title, conspiracy to harm, watching and besetting, and private nuisance of the sort found in Hollywood Silver Fox Farm Ltd v Emmett.This dissertation takes the presence in Anglo-Canadian common law of such bases of private liability seriously. As human artifice created and refined over the course of centuries, the existence of these tort doctrines is taken to be presumptively intelligible, explicable, and significant in and to a broader system of private liability. As such, the account advanced makes two foundational assumptions: that all such tort doctrines respond to and manifest identical normative content, and that this shared normative content can be theorized in a fashion that accords with dominant rights-based accounts of the balance of Anglo-Canadian tort liability. Proceeding from these assumptions, this dissertation develops and illustrates two complementary positions. The first, using a core case approach centred on the defamation torts, articulates an understanding of the structures of the torts of private oppression as reflecting a shared treatment of subjective intent, motive, and purpose. The second, using an interpretive approach, explains the internal logic of a single theorized interpersonal entitlement all such tort doctrines can be understood as operating to protect from encroachment by others: juridical personhood. Together, these two accounts identify a coherent doctrinal group within Anglo-Canadian tort law, the torts of private oppression, and provide a theoretical account of the normative phenomenon to which that doctrinal group responds, private oppression, that is demonstrably reconcilable with leading rights-based accounts of Anglo-Canadian tort liability.

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)0.003
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: Empirical · Consensus signal: none
Teacher disagreement score0.093
Threshold uncertainty score0.574

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0030.003
Meta-epidemiology (narrow)0.0010.000
Meta-epidemiology (broad)0.0000.001
Bibliometrics0.0020.002
Science and technology studies0.0190.043
Scholarly communication0.0100.005
Open science0.0020.005
Research integrity0.0040.004
Insufficient payload (model declined to judge)0.0040.000

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 head0.027
GPT teacher head0.373
Teacher spread0.346 · 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
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
Published2021
Admission routes1
Has abstractyes

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