Bibliographic record
Abstract
Introduction The civil justice system of every modern state presents a tapestry of intertwined threads. The resulting image reflects the laws providing for redress of selected grievances, the remedies available to the aggrieved parties, the institutions available for resolving disputes, and the processes followed by those institutions. All of these are informed by the fundamental elements of the society – its political system, its economic arrangements, and its culture. In this chapter we are concerned primarily with dispute-processing institutions. All modern states have established judicial systems designed to accomplish the basic tasks of finding the relevant law and applying it in an efficient and fair manner to the actual facts underlying the dispute. The differences among them are about how to achieve these goals. We shall describe significant features of modern systems, discuss the difficulties of categorizing them, and try to account for the differences among them by looking at broader issues of politics, culture, and history. We close with some observations about the future of procedure in an ever-globalizing world and of the challenges for procedural comparatists. Before we parse the varieties of disputing in the modern world, we alert the reader to the tunnel-vision dangers of assuming that ‘official’ dispute institutions tell the whole story. Even in the most ‘officialized’ countries, informal systems, usually grouped under the catch-all heading of alternative dispute resolution or ‘ADR’, supplement the formal, court-based processes. Still more is this the case in those societies that have yet to succumb completely to modernity. As Werner Menski powerfully reminds us, large groups of people are still at least partially, or even predominantly, oriented towards traditional ways of thought and living. Taking a different path, H. Patrick Glenn argues that the informal law of the less developed world (what he calls ‘chthonic’ law) is but one of several – perhaps many – legal traditions, including the Talmudic, Islamic, Hindu, civil law, and common law. The dispute processes, or ‘civil justice’ (as we might call it) of each of these traditions largely mirror the world views of those who are steeped in them.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot 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.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.004 | 0.010 |
| Meta-epidemiology (narrow) | 0.001 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.003 | 0.003 |
| Science and technology studies | 0.008 | 0.013 |
| Scholarly communication | 0.008 | 0.006 |
| Open science | 0.001 | 0.004 |
| Research integrity | 0.004 | 0.004 |
| Insufficient payload (model declined to judge) | 0.044 | 0.006 |
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.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
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".