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Record W1531680805

Comparative Law at the Intersection of Religion and Gender

2009· preprint· en· W1531680805 on OpenAlexaboutno aff
Pascale Fournier

Bibliographic record

VenueCadmus - EUI Research Repository (European University Institute) · 2009
Typepreprint
Languageen
FieldSocial Sciences
TopicMarriage and Sexual Relationships
Canadian institutionsnot available
Fundersnot available
KeywordsShariaFamily lawIslamLawSociologyLegal pluralismPolitical scienceInstitutionComparative lawLegal realismGeography
DOInot available

Abstract

fetched live from OpenAlex

The articles seeks to understand the politics of transnational Islamic family law in Canada, the United States, France and Germany, through the migration of one particular legal institution: Mahr, 'the gift which the bridegroom has to give to the bride when the contract of marriage is made and which becomes the property of the wife.' The issue of Mahr typically presents itself in a crisis-like fashion: married Muslim women, engaged in religiously structured marriages, and living in Western liberal states, reach out to the secular court upon the dissolution of their marriage to claim the enforcement of Mahr, presumably because their husbands have previously refused to give them the amount of deferred Mahr. Through an analysis of the case law, I will explore the ways in which legal pluralism, formal equality and substantive equality are being used by courts to accept or root out Islamic law from the family of institutions that are deemed appropriate in Western countries. How do the diverse and contradictory conceptual themes around Islamic law and Islamic theory get received or brought to Western liberal courts? What are the modes of influence in the selection and imposition processes of Mahr as a legal transplant? Does the reification of religion by courts simultaneously fragment it as rules move across borders? Does the way Mahr travels affect subjectivity, in both productive and reactive terms?

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 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)0.003
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesScience and technology studies
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.929
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0030.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0040.003
Scholarly communication0.0000.000
Open science0.0010.001
Research integrity0.0000.002
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 head0.206
GPT teacher head0.385
Teacher spread0.179 · 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; both teacher heads agree on what is shown here.

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
Published2009
Admission routes1
Has abstractyes

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