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Manifestations and Arguments

2020· book-chapter· en· W2997070542 on OpenAlexaff
Peer Zumbansen

Bibliographic record

VenueOxford University Press eBooks · 2020
Typebook-chapter
Languageen
FieldSocial Sciences
TopicSex work and related issues
Canadian institutionsYork University
Fundersnot available
KeywordsLegal pluralismNormativePolitical scienceLegal positivismLegal realismPluralism (philosophy)SociologyPositivismLawEmpirical legal studiesLaw and economicsLegal professionEpistemologyPhilosophy

Abstract

fetched live from OpenAlex

Abstract While the term “legal pluralism’ literally denotes a plurality of legal orders, it is their plurality of and the distinguishing features between them, which continues to make the subject matter a very charged and hotly debated one. Seen through the lens of legal sociology and anthropology, the plurality of coexisting, normative orders appears, above all, as a matter of description, as a fact of social ordering. Meanwhile, as some of these normative systems are being claimed as being “law,” while others are associated with nonlegal forms of social order, such as customary, traditional, or indigenous norms as well as, perhaps, sector-specific rules of professional or industry conduct, the categories used to draw the lines between legal and nonlegal norms become in themselves highly contentious. The chapter argues that to neglect the fundamental distinction between legal pluralism as “manifestation” and as “argument” perpetuates a troubling inability on the part of positivist and analytical legal theory to engage with law’s inherent instability. Especially at a time, where the actors, norms, and processes that together constitute and shape emerging transnational regulatory regimes are located and operating both within and beyond the state as the purportedly singularly competent authority of law creation and enforcement, the deconstruction of “legal pluralism” as “nonlaw” and threat to the state can serve as the foundation for a new, critical legal theory.

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)0.005
metaresearch head score (Gemma)0.011
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: Other · Consensus signal: Other
Teacher disagreement score0.014
Threshold uncertainty score0.052

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0050.011
Meta-epidemiology (narrow)0.0010.000
Meta-epidemiology (broad)0.0010.000
Bibliometrics0.0020.001
Science and technology studies0.0060.036
Scholarly communication0.0130.011
Open science0.0020.010
Research integrity0.0040.009
Insufficient payload (model declined to judge)0.0140.002

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 head0.027
GPT teacher head0.239
Teacher spread0.212 · 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
GenreOther

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
Published2020
Admission routes1
Has abstractyes

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Same venueOxford University Press eBooks→Same topicSex work and related issues→French-language works237,207→