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Record W2923974492

Canada's Legal Traditions: Sources of Unification, Diversification or Inspiration?

2018· article· en· W2923974492 on OpenAlexaffabout
Rosalie Jukier

Bibliographic record

VenueSSRN Electronic Journal · 2018
Typearticle
Languageen
FieldSocial Sciences
TopicComparative and International Law Studies
Canadian institutionsMcGill University
Fundersnot available
KeywordsLawSupreme courtCommon lawPolitical scienceComparative lawJurisprudenceLegal realismLegal cultureCivil law (Civil law)Legal historyLegal professionLegal pluralismPrecedentPublic law
DOInot available

Abstract

fetched live from OpenAlex

Quebec, the only province within Canada to follow the civil law tradition, is an ideal microcosm for the study of unity and diversity within legal orders. The question of whether Quebec’s civilian legal tradition should be interpreted and applied so as to be in unity with the common law or, rather, adhere to its own distinct legal culture has pervaded doctrine and jurisprudence for over a century. Interestingly, the pendulum has swung widely. Quebec has seen moments when the philosophy of the Supreme Court of Canada was one of unification and harmonization of Quebec law with the common law tradition, as well as moments when its advanced staunch diversity. The situation today is more nuanced. Quebec’s civilian tradition has undoubtedly survived as a distinct legal order within Canada due to legal interpretation but also interdisciplinary factors, including language and politics. Even within areas borrowed through legal transplantation from the common law, Quebec maintains a distinct civilian methodology and interpretation and the Supreme Court has held that Canada’s legal traditions should continue to evolve side by side, each maintaining its distinctive character. Diversity, however, has been recently tempered by a growth in comparative law as between Canada’s legal traditions. Increasingly, the Supreme Court is looking to Quebec civil law in appeals from common law provinces and Quebec continues to look to the common law in many areas. However, far from leading to unity, comparative law in Canada has been used as a tool for information, education and, most importantly, inspiration.

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 score0.918
Threshold uncertainty score0.998

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 studies0.0010.000
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 head0.031
GPT teacher head0.301
Teacher spread0.270 · 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
Published2018
Admission routes2
Has abstractyes

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