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Record W161240168

Le consentement est un acte positif de volonté

2000· article· fr· W161240168 on OpenAlexvenueno aff
Jacques Gressier

Bibliographic record

VenueStudia canonica · 2000
Typearticle
Languagefr
FieldArts and Humanities
TopicClassical Studies and Legal History
Canadian institutionsnot available
Fundersnot available
KeywordsJurisprudenceDoctrineLimitingLawSAINTPolitical sciencePhilosophyEpistemologySociologyHistory
DOInot available

Abstract

fetched live from OpenAlex

It is well known that facts have contributed to the evolution of jurisprudence as much as if not more than doctrine. Simulation is an area where this truth has often been confirmed. But there is a lot of work still to be done. For example, should not canon law require, for a true consent to be expressed, a positive act of the will, in the same way as it is required in the case of exclusion (c. 1086, 2)? This would mean a positive inclusion of the nature of marriage, of its essential properties or of one of its essential elements. Limiting himself to cases coming from Europe and the Americas in the last 30 years or so, the A. studied Rotal jurisprudence and intends to show that valid marriage consent must be a positive act of the will, as much as the act of exclusion in the case of simulation must be a positive act of the will, mostly because of the interpersonal nature of marriage. The A. then elaborates on the juridical consequences of such a requirement, using the epistemological process of Saint Thomas (objections and answers). He then concludes that this would be a new ground of nullity, none other than the logical and unavoidable consequence of the evolution of the prevalent Rotal jurisprudence.

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)0.012
metaresearch head score (Gemma)0.018
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.012
Threshold uncertainty score0.064

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0120.018
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0010.001
Science and technology studies0.0050.034
Scholarly communication0.0100.013
Open science0.0010.004
Research integrity0.0060.009
Insufficient payload (model declined to judge)0.0090.002

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 head0.017
GPT teacher head0.217
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

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 designTheoretical or conceptual
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
Published2000
Admission routes1
Has abstractyes

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Same venueStudia canonicaSame topicClassical Studies and Legal HistoryFrench-language works237,207