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IS THE TURN TOWARD COLLABORATIVE LAW A TURN AWAY FROM JUSTICE?

2004· article· en· W1977315401 on OpenAlexaffabout
Ronalda Murphy

Bibliographic record

VenueFamily Court Review · 2004
Typearticle
Languageen
FieldSocial Sciences
TopicConflict of Laws and Jurisdiction
Canadian institutionsDalhousie University
Fundersnot available
KeywordsEconomic JusticeLaw and economicsLawIndividualismPrivate lawPower (physics)SociologyPublic lawPolitical science

Abstract

fetched live from OpenAlex

The new trend in Collaborative Family Law (CFL) in the United States and Canada raises new questions about theories of justice. CFL achieves many of the goals of a viable theory of justice and its implicit critique of the legal system is a valid one. However, it unnecessarily demonizes law and has yet to explicitly articulate where it fits in terms of its own theory of justice. After considering the claims made by CFL, it is apparent that while some are productive, others are problematic and should be discarded. Specifically, CFL's rejection of factual determinacy may be inappropriate in some cases. The CFL approach has the potential to ignore problems of power imbalance, and may sacrifice just outcomes for the sake of efficiency. The emphasis on relationships and the need for their protection is not always an appropriate approach, and in demonizing law in favor of private ordering, CFL unnecessarily rejects the importance of law as a site for public participation in the creation and defense of norms. CFL is an important step forward in law reform, but if it is to fulfill its potential, it needs to incorporate within its practice a theory of justice that avoids the pitfalls of liberal individualism and allows for the public authorship of norms.

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)0.033
metaresearch head score (Gemma)0.063
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 score0.093
Threshold uncertainty score0.185

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0330.063
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0020.002
Science and technology studies0.0120.037
Scholarly communication0.0170.018
Open science0.0030.007
Research integrity0.0130.013
Insufficient payload (model declined to judge)0.0060.001

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 head0.048
GPT teacher head0.349
Teacher spread0.301 · 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

Citations1
Published2004
Admission routes2
Has abstractyes

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