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Record W2269209814

Harmonizing Family Law's Identities

2002· article· en· W2269209814 on OpenAlexaffabout
Robert Leckey

Bibliographic record

VenueSSRN Electronic Journal · 2002
Typearticle
Languageen
FieldSocial Sciences
TopicMulticultural Socio-Legal Studies
Canadian institutionsMcGill University
Fundersnot available
KeywordsFamily lawLawHarmonizationPolitical scienceMunicipal lawPrivate lawCivil law (Civil law)Public lawComparative lawLegislatureDomestic relationsSociology
DOInot available

Abstract

fetched live from OpenAlex

This paper examines family law in the context of the federal government's harmonization of federal law with the civil law of Quebec and the common law of the other provinces. Family law is a rich subject for harmonization because its organizing concepts are simultaneously legal and social constructs. A careful examination of the legal sources creating family law is a necessary step prior to harmonization, and the author takes a more expansive view than usual of the sources defining the family. He suggests clarifying the core of conceptual conflict by identifying the various legislative objectives of family law regimes: protection of vulnerable individuals, organization of relations between individuals, and definition of the state's relation to individuals. Then he turns to family law's dynamic impact on personal identity and the ways in which people define themselves using concepts shaped by law. Legislatures sometimes deploy family law to define people's identities; this practice is now mirrored in claims by individuals that state law should reflect their own values and identities, embracing a model of reflective law. The author then contrasts internal harmonization (reducing conceptual conflicts within the state legal order) with external harmonization (increasing coherence between state and non-state normativities). Regulation of same-sex couples illustrates the interaction between the state legal order and other normativities and the ways in which the state may acknowledge other systems. Analysis of claims in favour of same-sex marriage reveals that, given substantive reforms already achieved, arguments for marriage now depend on family law's symbolic elements affecting identity and presuppose a reflective family law. There is as yet no consensus on this role for family law, however, and family law's complexity and impact on identity militate for reform that is cautious and incremental.

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 distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.587
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0030.000
Scholarly communication0.0000.001
Open science0.0000.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0000.000

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 head0.051
GPT teacher head0.287
Teacher spread0.236 · 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 teacher head, not a consensus.

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
Published2002
Admission routes2
Has abstractyes

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