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Record W2286515906

Autonomy of the will in Quebec private international law

2015· article· en· W2286515906 on OpenAlexaboutno aff
Kamal Yassine, Rajaa Naji

Bibliographic record

VenueInternational journal of innovation and applied studies · 2015
Typearticle
Languageen
FieldSocial Sciences
TopicInternational Law and Aviation
Canadian institutionsnot available
Fundersnot available
KeywordsLawPolitical scienceHarmony (color)CivilizationPrivate lawNationalityAutonomyJurisprudenceIslamInternational lawLegal pluralismSociologyLegal realismLegal researchComparative lawGeography
DOInot available

Abstract

fetched live from OpenAlex

The relationship between the western private international law and the institutions of the Islamic law constitutes a marked out course of tensions and more than one half-century of jurisprudence did not succeed in alleviating them. The study of the relations of the private international law deprived between the Muslim legal systems and the Quebec legal system illustrates the difficulties between the systems when the involved civilizations appear very different. Consequently, the great difference between the Muslim civilization and the Quebec civilization invite to seek a better coordination between these legal systems in order to achieve the objectives of private international law. In this research, one can only deplore the existence of two designs which are opposed today in the relations of the Muslim legal system: that of the laic right and that of the religious right. It is indeed the main obstacle to the reception of the Muslim personal status in Quebec. By analyzing this last point of the reception of the institutions of the Islamic right in Quebec it proved that the Quebec law enjoys a supremacy compared to the foreign law as regards personal status of the Muslims established in Quebec. This is explained by the desire to protect the cohesion of the national legal system. However, can this concern go until blaming the international harmony of the solutions? In Muslim countries, the private international law situation is not better than that of Quebec. Despite the creation of states in the modern sense of the term and the adoption of the Nationality factor, the private international law of Muslim countries remains always a system of privileges. The practice reveals that the solutions adopted today are still captive of the privilege of religion and the privilege of nationality. However, we are persuaded that the reasoning adopted by the two legal orders can only aggravate the problems of the private international law raised by the presence of a Muslim community in Quebec and in no case reconcile the goals of the private international law. Such a statement has prompted us to look for other solutions that can replace the classical method. Several solutions have been proposed including autonomy of the will.

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 categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.748
Threshold uncertainty score0.216

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 studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
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 head0.041
GPT teacher head0.345
Teacher spread0.304 · 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.

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
Published2015
Admission routes1
Has abstractyes

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