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Record W1481382292

The Nature of Law and Legality in the Byzantine Canonical Collections 381-883

2010· dissertation· en· W1481382292 on OpenAlex
David Wagschal

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.

fundA Canadian funder is recorded on the work.
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

VenueDurham e-Theses (Durham University) · 2010
Typedissertation
Languageen
FieldArts and Humanities
TopicByzantine Studies and History
Canadian institutionsnot available
FundersSocial Sciences and Humanities Research Council of Canada
KeywordsByzantine architecturePrinciple of legalityLawLegal culturePresuppositionEpistemologySociologyPhilosophyPolitical scienceHistoryClassics
DOInot available

Abstract

fetched live from OpenAlex

The present work seeks to explore the nature of law and legality in the Byzantine canonical tradition through a careful reading of the central texts of the Byzantine canonical corpus. The principal topics to be considered include the shape and growth of the corpus as a whole, the content and themes of the traditional prologues, the language, genre and style of the canons themselves, and the traditional thematic rearrangements of the canonical corpus.
\nAs a cultural-historical exploration of law, this work has as its goal throughout to trace the fundamental contours of how the tradition conceives, frames and "imagines" itself as a legal system: central themes and concepts, basic presuppositions, recurring patterns, and prominent contextualizations. Drawing on categories of modern legal theory and legal anthropology, this work is particularly interested in the nature of legal norms and their relationship to other normative systems, the place and role of technical rule-discourse, and mechanisms of change, development and interpretation. The relationship of the canons to the secular law will also be taken into account. 
\nThe central argument of this work is that the picture of law that emerges from the Byzantine material is fundamentally at odds with many formalist/positivist expectations of modern western legal culture. This dissonance had traditionally made it very easy to dismiss Byzantine canon law as "primitive" or "decadent". If approached more sympathetically, however, this strange legal world can be read as constituting a surprisingly coherent and rich legal system that is characterized by 1) a deep investment in embedding itself in broader value-narratives; 2) the centrality of the idea of law as a sacred (and relatively inviolable) tradition; and 3) a strong orientation towards the realization of substantive justice, not formal consistency. If taken seriously, this picture of law has a number of important implications for contemporary Orthodox canonical legal theory, the broader history of church law, and the study of late antique and Byzantine law generally.

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)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: none
Teacher disagreement score0.976
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0030.001
Scholarly communication0.0000.000
Open science0.0010.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0000.000

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 head0.012
GPT teacher head0.211
Teacher spread0.200 · 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