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Record W3155845114 · doi:10.37381/7atfaa78

Mixed Legal Systems— The Origin of the Species

2019· article· en· W3155845114 on OpenAlexaboutno aff
Vernon Valentine Palmer

Bibliographic record

VenueTulane European and Civil Law Forum · 2019
Typearticle
Languageen
FieldSocial Sciences
TopicEuropean and International Contract Law
Canadian institutionsnot available
Fundersnot available
KeywordsBusiness

Abstract

fetched live from OpenAlex

Vernon Valentine Palmer * 'Muslim law and Customary law', and 'Common Law and Civil Law'.It is thus apparent that all the legal traditions-the Western, Eastern, Asian, Jewish, Islamic and Sub-Saharan-have provided the basic legal material from which this heterogenous array of hybrids was created.3 The reader will find the categories and combinations of the Ottawa study set out in Appendix A. The so-called 'Mixed Jurisdictions' make up roughly sixteen political entities, of which twelve are independent countries.Most are the former colonial possessions of France, the Netherlands or Spain which at some time in history acquired by Great Britain or the United States.Scotland and Israel, however, are exceptions to this pattern.An important difference of opinion, however, exists over the proper meaning and constituent elements of a mixed system.There are really two camps.Scholars in the classic "mixed jurisdiction" tradition, tend to follow the footsteps of early British comparatists (see Part II below), and they tend to focus upon a single kind of hybrid where most of the comparative research has been done.These scholars have focused their attention upon the systems which straddle Common law and Civil law. 4 If their perspective is accepted, the number of mixed systems in the world shrinks to fewer than twenty countries.5 However, many scholars of legal pluralism (which includes the comparatists who conducted the Ottawa study just mentioned) use a more expansive, factually-oriented approach that absorbs the classical "mixed jurisdictions' into a larger mass of "mixed legal systems," which not only exponentially enlarges the field but leaves classifications in disarray.In this Article I will be concerned with understanding the origins, implications and insights of these two rival theories of mixed systems.Since the classical idea 'mixed jurisdiction' had historical priority over that of the "mixed legal system" tout court, we may turn to the earlier idea first. II. THE CLASSICAL MIXED JURISDICTION CONCEPTION-ORIGINSAt the beginning of the twentieth century many western jurists tended to think in bipolar terms: on the one side there was the empire of 3.Id. 4.

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)0.001
metaresearch head score (Gemma)0.003
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: Empirical · Consensus signal: none
Teacher disagreement score0.016
Threshold uncertainty score0.040

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0010.003
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.001
Science and technology studies0.0060.024
Scholarly communication0.0080.005
Open science0.0010.005
Research integrity0.0010.002
Insufficient payload (model declined to judge)0.0060.001

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 head0.022
GPT teacher head0.238
Teacher spread0.215 · 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
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

Citations3
Published2019
Admission routes1
Has abstractyes

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