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Record W4200109607 · doi:10.1017/9781108894760.008

Legal Systems as Legal Traditions

2021· book-chapter· en· W4200109607 on OpenAlexaff
Catherine Valcke

Bibliographic record

VenueCambridge University Press eBooks · 2021
Typebook-chapter
Languageen
FieldSocial Sciences
TopicComparative and International Law Studies
Canadian institutionsMcGill University
Fundersnot available
KeywordsLegal cultureLegal pluralismLegal realismLawScholarshipPolitical scienceEpistemologySociologyLegal researchPhilosophy

Abstract

fetched live from OpenAlex

Whereas comparative law scholarship has traditionally focused on Westphalian legal systems, Patrick Glenn famously argued that the legal tradition offers a descriptively and normatively superior analytic focus point. Descriptively, the legal tradition model would better account for law’s prominent epistemic dimension. Normatively, it would steer clear of Western centrism and attendant validation of colonialism. This chapter aims to diffuse the apparent opposition between legal system and legal tradition by offering an account of the legal system as (intellectually self-determined) tradition that is nonetheless consistent with the Westphalian conception. In particular, it is contended that an internal investigation of the kind advocated by Glenn (and others) yields an overall picture of legal systems as very much shaped like bee swarms. The relevant characteristic of bee swarms for present purposes is their projecting elusive, fuzzy edges around a comparatively well-defined centre of gravity, namely, their respective queen bees. I argue that legal systems, as internally delineated epistemic communities, likewise boast a well-defined institutional grounding (Part I) encircled by fluid edges (Part II).

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)0.003
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: Other · Consensus signal: Other
Teacher disagreement score0.014
Threshold uncertainty score0.047

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0020.003
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.002
Science and technology studies0.0020.019
Scholarly communication0.0070.007
Open science0.0010.003
Research integrity0.0020.003
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 head0.052
GPT teacher head0.264
Teacher spread0.213 · 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
Published2021
Admission routes1
Has abstractyes

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