Complexity of Transnational Sources: Reports to the XVIIIth International Congress of Comparative Law: Complexity of Transnational Sources: Canada
Bibliographic record
Abstract
Much has been written about the fragmentation of transnational law, and the complexity that derives from the proliferation of normativities transcending the borders of the nation state. However, “globalization cannot exist without the state” (Harry W. Arthurs): the impact of transnational law is felt and discussed, eventually, in a national forum. The “foreign law debate” in the U.S.A. shows that such a discourse is shaped by the parameters of a national legal and political culture.In this report to the International Academy of Comparative Law, we describe the Canadian response to the transnational challenge while in particular focusing on the “complexity” of transnational law as one of its most challenging characteristics. Our inquiry is divided into two sections that address two different aspects of this complexity. First, we set out to find a trace of a specifically Canadian “legal culture” in response to the challenge that global legal pluralism poses to a legal discourse accustomed to thinking in terms of national positive law and national sovereignty; we will outline the reactions in academia, legal education, and the judiciary. Second, we turn to another, maybe less lofty aspect: the fact that the application of law is made technically more difficult by the proliferation of transnational legal sources. In this second section, we will outline the intricacies of the implementation of international instruments in Canadian law, and discuss the problematic repercussions of the technical complexification of law in core areas of private law, with a focus on the “plight” of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in Canada.
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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 | 0.007 | 0.014 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.013 | 0.027 |
| Science and technology studies | 0.042 | 0.009 |
| Scholarly communication | 0.021 | 0.004 |
| Open science | 0.003 | 0.007 |
| Research integrity | 0.004 | 0.005 |
| Insufficient payload (model declined to judge) | 0.012 | 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".