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Michael Plaxton

@michaelplaxton.bsky.social

Law professor. Books: Implied Consent & Sexual Assault; Sovereignty, Restraint, & Guidance; The Tenth Justice (w/ Carissima Mathen).

74 Posts235 Follower335 Folgt
@lastpositivist.bsky.social · 5d ago

As a philosopher I hate to say it but I agree. Because narrowly in philosophy we do, genuinely, use "social construct" to neutrally classify a class of things in social ontology. But we're clearly outliers in this in the humanities, and the vulgar usage better gets the typical spirit of the thing.

ae@aelkus.bsky.social · 5d ago

"social construct" = "thing I don't like" is a case where the vulgar usage of something isn't actually that different from its academic deployment

Mark Elliott@profmarkelliott.bsky.social · 2mo ago

That AI isn't yet "good enough" to mark students' essays ought to be beside the point. Outsourcing such tasks to AI is fundamentally incompatible with the intellectual engagement between student and professor that should be central to higher education. /1 www.cam.ac.uk/stories/ai-u...

AI not yet good enough to mark university essays, rewarding ‘style over substance’

Top AI systems show bias towards rewarding overly complex prose styles and only match human examiners for grade bands around half the time, research finds.

cam.ac.uk

Mathias Hong@hongmathias.bsky.social · 5mo ago

Plaxton: "[T]hese cases, and the constitutional interpretive methodology for which they stand, are fundamentally based on bedrock ideas of political morality and philosophy...".

Lawrence Solum@lsolum.bsky.social · 5mo ago

Plaxton on the Contestability of Interpretative Methodology in Canada I recommend the excellent discussion at Michael Plaxon's Substack: Interpretive Methodology: Is Anything Ever Really Settled?. Here is a taste: Yet I believe we have reached a kind of tipping point in Canadian constitutional…

Jordan Furlong@jordanfurlong.com · 3mo ago

"Law firms" 10-15 years from now will so little resemble firms today that we'll need a different name for them (many of today's law firms won't make it through). The same is even more true for law schools: The future legal landscape simply will have no place for these entities as we've known them.

Michael Plaxton@michaelplaxton.bsky.social · 3mo ago

My reply to @emmettmacfarlane.com's thoughtful post on methodological inconsistency in the Supreme Court. Thoughts and comments welcome. open.substack.com/pub/michaelp...

Consistency and Flux in Constitutional Interpretation

A reply to Emmett Macfarlane

open.substack.com

Emmett Macfarlane 🇨🇦@emmettmacfarlane.com · 3mo ago

NEW POST. Inspired to vomit this out by recent posts from @michaelplaxton.bsky.social and @doubleaspect.blog. A (admittedly rushed) contribution from a different disciplinary perspective on 'consistency' and interpretative method. emmettmacfarlane.substack.com/p/on-debates...

Michael Plaxton@michaelplaxton.bsky.social · 3mo ago

My reply to @emmettmacfarlane.com's thoughtful post on methodological inconsistency in the Supreme Court. Thoughts and comments welcome. open.substack.com/pub/michaelp...

Consistency and Flux in Constitutional Interpretation

A reply to Emmett Macfarlane

open.substack.com

Emmett Macfarlane 🇨🇦@emmettmacfarlane.com · 3mo ago

NEW POST. Inspired to vomit this out by recent posts from @michaelplaxton.bsky.social and @doubleaspect.blog. A (admittedly rushed) contribution from a different disciplinary perspective on 'consistency' and interpretative method. emmettmacfarlane.substack.com/p/on-debates...

Michael Plaxton@michaelplaxton.bsky.social · 3mo ago

My latest on Substack: On rational arbitrariness in the construction of both regulatory offences and true crimes. Thoughts and suggestions, as always, welcome. open.substack.com/pub/michaelp...

Rational Arbitrariness in True Crimes

In Monday’s post on Robertson, I ended by expressing the concern that all the Court of Appeal’s talk about bright-line rules and regulated fields seems to obscure or distort something important about ...

open.substack.com

Michael Plaxton@michaelplaxton.bsky.social · 3mo ago

My latest on Substack: On rational arbitrariness in the construction of both regulatory offences and true crimes. Thoughts and suggestions, as always, welcome. open.substack.com/pub/michaelp...

Rational Arbitrariness in True Crimes

In Monday’s post on Robertson, I ended by expressing the concern that all the Court of Appeal’s talk about bright-line rules and regulated fields seems to obscure or distort something important about ...

open.substack.com

Lawrence Solum@lsolum.bsky.social · 3mo ago

Law-Smith on Criminal Trials and Truth Michael Law-Smith (University of Ottawa - Faculty of Law; University of Toronto - Department of Philosophy) has posted Criminal Trials and Truth on SSRN. Here is the abstract: The traditional account of the criminal trial holds that its fundamental purpose is…

Law-Smith on Criminal Trials and Truth

Michael Law-Smith (University of Ottawa - Faculty of Law; University of Toronto - Department of Philosophy) has posted Criminal Trials and Truth on SSRN. Here is the abstract: The traditional account of the criminal trial holds that its fundamental purpose is to search for the truth—that is, the truth of whether the accused factually committed the alleged crime. However, purely truth-seeking accounts, as well as more nuanced side-constraint and pluralist accounts, fail to adequately explain the relationship between the epistemic principles and those of political morality shaping the criminal trial.

legaltheoryblog.com