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Record W2068469566 · doi:10.1017/s0829320100008942

La critique perelmanienne de la théorie pure du droit: Essai de synthèse

2006· article· en· W2068469566 on OpenAlexaff
Hugo Hardy

Bibliographic record

VenueCanadian Journal of Law and Society / Revue Canadienne Droit et Société · 2006
Typearticle
Languageen
FieldSocial Sciences
TopicLaw in Society and Culture
Canadian institutionsUniversité Laval
Fundersnot available
KeywordsInterpretation (philosophy)Meaning (existential)Relation (database)PhilosophyLawEpistemologyValue (mathematics)Power (physics)SociologyPolitical scienceMathematicsPhysicsQuantum mechanicsLinguistics

Abstract

fetched live from OpenAlex

Abstract Chaim Perelman's critique of Kelsen's pure theory of law concerns mainly two elements: his theory of interpretation and his conception of court decision. Although a court decision is never formally deduced from the law, one cannot say neither that it is “arbitrary”: it leans on reasons, which cannot be reduced to the judge's individual motives and whose value can thus be assessed by the “science of law.” As for interpretation, it is not limited to establishing the meaning of the law's terms, but contributes also to specifying the meaning of the law itself in relation to cultural values—even if these values are not explicitly mentioned by the law. In confining the judge's role to the strict application of the law, the Kelsenian conception of judicial power defies the Kelsenian epistemological imperative, which is to describe “how the law is, not how it ought to be.”

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)0.013
metaresearch head score (Gemma)0.021
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: Review · Consensus signal: none
Teacher disagreement score0.017
Threshold uncertainty score0.124

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0130.021
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0020.001
Bibliometrics0.0110.008
Science and technology studies0.0040.044
Scholarly communication0.0150.023
Open science0.0030.005
Research integrity0.0060.011
Insufficient payload (model declined to judge)0.0080.001

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 head0.006
GPT teacher head0.249
Teacher spread0.243 · 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
GenreReview

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
Published2006
Admission routes1
Has abstractyes

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Same venueCanadian Journal of Law and Society / Revue Canadienne Droit et SociétéSame topicLaw in Society and CultureFrench-language works237,207