Double Reasoning in the Codified Mixed Systems – Code and Case Law as Simultaneous Methods
Bibliographic record
Abstract
The thesis of this Article is that the mixed jurisdiction judges often use a system of double reasoning to decide cases under the Civil Codes. In select areas where the Code texts contain principles (rather than rules) and hence are particularly wide, the judges of the codified systems are prone to use two methods at once. This Article describes the judicial use of both syllogistic and inductive reasoning and proposes a new functional classification of civilian jurisprudence. A small case study is used to provide data, concepts and illustrations. The data set encompasses about thirty decisions in the field of medical liability in Quebec, Puerto Rico, and Louisiana. The field of tort law, presided over by the tort General Clause, thus serves as an area par excellence to observe this phenomenon.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot 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.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.038 | 0.085 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.002 |
| Bibliometrics | 0.007 | 0.004 |
| Science and technology studies | 0.003 | 0.038 |
| Scholarly communication | 0.015 | 0.018 |
| Open science | 0.003 | 0.010 |
| Research integrity | 0.003 | 0.005 |
| Insufficient payload (model declined to judge) | 0.005 | 0.001 |
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.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
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".