MétaCan
Menu
Back to cohort
Record W3106125075

Arbitration as Ius Gentium: A Scholastic Theory of Arbitration

2020· article· en· W3106125075 on OpenAlexaff
Lucas Clover Alcolea

Bibliographic record

VenueSSRN Electronic Journal · 2020
Typearticle
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsMcGill University
Fundersnot available
KeywordsArbitrationScholasticismLawPolitical scienceCompulsory arbitrationNatural (archaeology)Economic JusticeDispute resolutionSociologyPhilosophyEpistemologyHistory
DOInot available

Abstract

fetched live from OpenAlex

This article examines the existing theories regarding arbitrators powers and arbitration in general and sets forth an alternative approach based on the Scholastic school of philosophy. In doing so, it clarifies misconceptions concerning the Scholastic’s alleged rejection of private justice, expounds the concept of natural law as understood by Scholastic philosophy and analyses the oft-forgotten cousin of natural law, the Ius Gentium. It then demonstrates how arbitration, and arbitrators powers, flow from the Ius Gentium and thus can only be regulated by States to a limited extent. Specific examples of such regulations and their relations with the restrictions imposed on arbitration by the Ius Gentium are also analysed. This article is unique as it is the first to set out a scholastic theory of arbitration and one of a very few articles which analyses the relationship between arbitration and natural law. It should, therefore, be of use to all those who are interested in natural law, Scholasticism and theories of arbitration, as well as having practical value in explaining the real basis for many of the inherent limitations of arbitration as a consensual form of dispute resolution.

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: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.267
Threshold uncertainty score0.514

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 integrity0.0000.001
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 head0.021
GPT teacher head0.292
Teacher spread0.272 · 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

Citations1
Published2020
Admission routes1
Has abstractyes

Explore more

Same venueSSRN Electronic JournalSame topicLegal principles and applicationsFrench-language works237,207