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Record W3114841610 · doi:10.1017/9781780688664.006

Quebec Private Law, Destined to Preserve the Environment?

2020· other· en· W3114841610 on OpenAlexaboutno aff
Gaële Gidrol-Mistral

Bibliographic record

Venuenot available
Typeother
Languageen
FieldSocial Sciences
TopicFrench Urban and Social Studies
Canadian institutionsnot available
Fundersnot available
KeywordsImpossibilityLegislatorCivil codeLawPolitical scienceLaw and economicsPrivate propertyIdeologyPrivate lawProperty (philosophy)SovereigntyIndividualismCivil law (Civil law)Environmental lawLegislationSociologyPublic lawPolitics

Abstract

fetched live from OpenAlex

We can no longer ignore the fact that human activities have a significant impact on ecosystems. The planet is threatened with imminent danger. Since the law regulates social and economic activities, it can and must participate in the search for solutions to protect the environment. This necessity is also felt in the civil law, even if its traditional legal tools and concepts were not designed to address the environmental challenges we are facing today. The environment is therefore a privileged terrain for ideological and legal debates on our actual model of ownership and on the ongoing tension between general interest and collective or individual interests. Civil law, which guarantees an individualistic conception of ownership, is now being called upon to provide solutions to problems related to the protection and conservation of the environment. Civil law jurists are now being asked to rethink the social function of property in terms of environmental protection. Indeed, the conception of ownership as an individual's sovereignty and absolute power over property has contributed to turning land, and therefore nature, into a thing that can be exploited at will. This has accentuated many of the current environmental ills. In his time, Louis Josserand clearly demonstrated the ‘social impossibility of an absolute right of ownership’. Quebec civil law, which inherited the absolute conception of ownership from the Napoleonic Code, abandoned that conception in the recodification in 1991. The legislator preferred to enshrine the free and complete nature of the right of ownership, thus explicitly recognizing the limits of the owner's powers over his property. Today, it is essential to rethink the role of private ownership as a social instrument for preserving the environment and biodiversity. An increasing number of private initiatives are making use of civil law instruments to conserve both natural and cultural heritage by combining contract law and property law. As such, the desire to preserve these properties, which are of a certain environmental, ecological or cultural interest, is transforming and transcending the traditional conception of the selfish owner. The Quebec conception of individual ownership, which stems from the Romano- Germanic tradition, finds itself confronted with this new environmental reality.

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)0.002
metaresearch head score (Gemma)0.004
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: Other
Teacher disagreement score0.081
Threshold uncertainty score0.588

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0020.004
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.002
Science and technology studies0.0110.007
Scholarly communication0.0100.004
Open science0.0020.001
Research integrity0.0070.006
Insufficient payload (model declined to judge)0.0310.002

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 head0.035
GPT teacher head0.246
Teacher spread0.210 · 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 designNot applicable
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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