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Record W4200287385 · doi:10.1017/9781108894760.003

The ‘Comparative Method’ at the Roots of Comparative Law

2021· book-chapter· en· W4200287385 on OpenAlexaff
Giorgio Resta

Bibliographic record

VenueCambridge University Press eBooks · 2021
Typebook-chapter
Languageen
FieldSocial Sciences
TopicComparative and International Law Studies
Canadian institutionsMcGill University
Fundersnot available
KeywordsEclecticismComparative lawComparative methodComparative historyVariety (cybernetics)Comparative researchNorm (philosophy)EpistemologySign (mathematics)Legal historyLawSociologyPolitical scienceSocial scienceHistoryPhilosophyMathematicsLinguistics

Abstract

fetched live from OpenAlex

In the past two decades comparative law scholars have rediscovered the importance of the debate on method. For a long time left in the background as a by-product of the old controversy on the epistemic status of the discipline, the ‘struggle for the methods’ has experienced a sudden revival. But does it really make sense to keep on engaging in a wearying confrontation among the various possible paradigms, once one recognizes that, as Patrick Glenn observed, ‘the history of comparative law is not one of adherence to a methodological norm but rather one of deviation and variety’? It makes sense, indeed, because ‘eclecticism’ as a theoretical perspective is itself the sign of the times and cannot strive for universal validity. Looking back at the history of comparative law, one is struck by the circumstance that throughout the formative era, the idea that obtained most credit in European intellectual circles was the opposite one, namely that ‘there is a comparative method’ (rectius: ‘Comparative Method’, as it was once written). This chapter is aimed at bringing back to light some distinctive traits of the original discourse on the ‘comparative method’ and highlighting the importance of the ‘scientific paradigm’ for the acceptance of comparative law as an autonomous subject of legal research.

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)0.016
metaresearch head score (Gemma)0.021
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 score0.084

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0160.021
Meta-epidemiology (narrow)0.0010.000
Meta-epidemiology (broad)0.0010.000
Bibliometrics0.0060.007
Science and technology studies0.0060.056
Scholarly communication0.0120.016
Open science0.0020.004
Research integrity0.0040.008
Insufficient payload (model declined to judge)0.0100.002

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 head0.096
GPT teacher head0.330
Teacher spread0.234 · 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

Citations4
Published2021
Admission routes1
Has abstractyes

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Same venueCambridge University Press eBooksSame topicComparative and International Law StudiesFrench-language works237,207