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Record W1595835962

Palsgraf as 'Transsystemic' Tort Law

2012· article· en· W1595835962 on OpenAlexaffabout
Shauna Van Praagh

Bibliographic record

VenueSSRN Electronic Journal · 2012
Typearticle
Languageen
FieldSocial Sciences
TopicComparative and International Law Studies
Canadian institutionsMcGill University
Fundersnot available
KeywordsTortDelictEmbodied cognitionLawLegal liabilityScope (computer science)DutyComparative lawCivil law (Civil law)Political scienceLiabilityReading (process)Common lawSociologyPrivate lawPublic lawBlack letter lawEpistemologyPhilosophyComputer science
DOInot available

Abstract

fetched live from OpenAlex

This paper revisits the 1928 case of Palsgraf v. Long Island Railway in order to illustrate and explore the substance and method of transsystemic law teaching. Grounded in the real comparative pedagogy of the law classroom, the case shows the integration of two approaches to the scope of tort liability. These two approaches, embodied in the judgements of Justices Cardozo and Andrews, map a key structural difference between the tort of negligence in Anglo-Canadian common law and the Quebec civil law of extracontractual obligations. In addition to underscoring the difference between a duty-based approach to delineating liability and one based on proximate cause, the paper insists that both the substance and method of these two legal traditions can be identified, examined, and questioned in the classroom through a fresh reading of an old and classic source, and that the source itself can provoke a fresh understanding of comparative pedagogy and purpose in law.

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)0.001
metaresearch head score (Gemma)0.002
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 score0.156
Threshold uncertainty score0.311

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0010.002
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.001
Science and technology studies0.0060.021
Scholarly communication0.0040.005
Open science0.0010.004
Research integrity0.0030.004
Insufficient payload (model declined to judge)0.0090.001

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 head0.023
GPT teacher head0.337
Teacher spread0.314 · 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

Citations4
Published2012
Admission routes2
Has abstractyes

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Same venueSSRN Electronic JournalSame topicComparative and International Law StudiesFrench-language works237,207