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Record W136203849

Sans Foi, Ni Loi. Appearances of Conjugality and Lawless Love

2015· article· en· W136203849 on OpenAlexaboutno aff
Régine Tremblay

Bibliographic record

VenueeYLS (Yale Law School) · 2015
Typearticle
Languageen
FieldSocial Sciences
TopicMulticultural Socio-Legal Studies
Canadian institutionsnot available
Fundersnot available
KeywordsDe factoStructural functionalismSanctionsCornerstoneLawCoercion (linguistics)Relevance (law)Context (archaeology)Political scienceSociologyLaw and economicsHistorySocial sciencePhilosophy
DOInot available

Abstract

fetched live from OpenAlex

This chapter deals with paradigm shifts in the legal regulation of adult intimate relationships. It includes the shifts from a unique conjugality to the multiplication of conjugalities, from marriage until death do us part to multiple subsequent unions, and from mimicking marriage by necessity to mimicking marriage by choice. Such changes open the floor for questions about the relevance of regulating adult intimate relationships today, or at the very least, about the compulsion to conceive of this kind of relationship as the cornerstone of Canadian family law. As such, it questions shifts in latent elements of the regulation of conjugality in law: from the fall of formalism to the rise of functionalism, and from religious coercion to economic sanctions. The chapter is concerned with differences between de facto and de jure relationships. Why should the law focus on formal differences, which exist between the two, rather than on the nature of the relationship, which would lead to the law's treating them in the same way? Part one provides some background on the use of the word “appearance” in the context of de facto unions, and some explanations of the expression “sans foi ni loi”. Part two shows that differences used to be justified for religious reasons. It traces a portrait of the importance of the Catholic Church in intimate relationships in Quebec. De facto spouses were sans foi. Part three exposes that even though the religious order has dropped away, there are still big differences that many people now try to justify in a different way, namely based on arguments founded on freedom of choice, and a different set of economic sanctions is now attached. But it is not clear that these arguments make sense given the inherent complexity of “choice”. Part four suggests that people are misled by the fact that different parts of the law approach the question differently: for many purposes, the two kinds of relationship are assimilated. A misinformed choice is not one to which large consequences should be attached. Moreover, is it fair to de facto spouses that they are expected to operate on the principle of “you have to live with your choices”? State makes choices for married spouses; crucial choices. States often adjusts when married spouses’ own choices are unjust. The variable legal consequences of de facto unions in Quebec are surveyed and this last part asks whether or not this kind of union should be treated differently. Specifically, is Quebec civil law adequately dealing with the situation?

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)0.002
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: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.191
Threshold uncertainty score0.380

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0020.003
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.001
Science and technology studies0.0120.042
Scholarly communication0.0070.004
Open science0.0010.004
Research integrity0.0020.004
Insufficient payload (model declined to judge)0.0080.001

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 head0.040
GPT teacher head0.312
Teacher spread0.272 · 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
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
Published2015
Admission routes1
Has abstractyes

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