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Record W2526769944 · doi:10.60082/2817-5069.1505

Réflexions sur la Codification du Droit Privé

2000· article· fr· W2526769944 on OpenAlexvenueaboutno aff
Paul-A. Crépeau

Bibliographic record

VenueOsgoode Hall law journal · 2000
Typearticle
Languagefr
FieldSocial Sciences
TopicLegal and Social Philosophy
Canadian institutionsnot available
Fundersnot available
KeywordsCivil codeLawGlobalityCivil law (Civil law)Code (set theory)Political scienceCivil procedureFace (sociological concept)Comparative lawDemocracySociologyPrivate lawLaw and economicsPublic lawComputer scienceGlobalizationPolitics

Abstract

fetched live from OpenAlex

Within the framework of a broader research into the sources of the civil law of obligations, the author starts, here, from the historical fact that, on the one hand, the private law of Québec constitutes, since 1866, and contrary to the common law, an essentially legislated system, in the form of a Civil Code enacted in the French civilian tradition, and that, on the other hand, that form was maintained in the 1994 new Civil Code of Quebec. In reflecting on the method of codification, on the basis of various definitions of the term code, the author presents and analyzes what he considers to be the characteristic features of a modern civil code: democracy, commandment, globality, predictability, simplification. The author notes that the process of recodification, which was preceded by an immense collective effort of reflection in which Professor Castel was a large contributor, constitutes, however fascinating it is, a difficult and delicate undertaking, and a challenge that one can only take on with "trembling hands"; it has undeniable advantages, but presents real dangers. One must learn to benefit from the advantages, particularly by developing, on the basis of the new code, a coherent system of private law that can respond to the changing needs of Civil Justice; one must also face the dangers and anticipate corrective measures so as to avoid the problems of the past. Finally, the author concludes by noting that a Civil Code, whatever be its content, essentially translates, as was suggested by the great comparative scholar René David, a "style," that is, a particular way of conceiving, of expressing, of interpreting and of applying a rule of law.

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)0.017
metaresearch head score (Gemma)0.044
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 score0.276
Threshold uncertainty score0.550

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0170.044
Meta-epidemiology (narrow)0.0020.001
Meta-epidemiology (broad)0.0020.004
Bibliometrics0.0040.004
Science and technology studies0.0040.018
Scholarly communication0.0300.018
Open science0.0030.007
Research integrity0.0070.016
Insufficient payload (model declined to judge)0.0080.002

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 head0.020
GPT teacher head0.262
Teacher spread0.242 · 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

Citations4
Published2000
Admission routes2
Has abstractyes

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Same venueOsgoode Hall law journalSame topicLegal and Social PhilosophyFrench-language works237,207