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Record W7000309038

The Extent and Limits of the Right to Arbitrate Among Religious and Cultural Communities

2020· article· en· W7000309038 on OpenAlexaboutno aff

Bibliographic record

VenueeYLS (Yale Law School) · 2020
Typearticle
Languageen
FieldEnvironmental Science
TopicAdsorption and biosorption for pollutant removal
Canadian institutionsnot available
Fundersnot available
KeywordsArbitrationAutonomyState (computer science)Religious discriminationCompulsory arbitrationAffect (linguistics)Cultural diversityReligious law
DOInot available

Abstract

fetched live from OpenAlex

Arbitration is a private mechanism that offers people an alternative means of resolving disputes outside of the state courts; thus, it allows for some measure of self-government. This dissertation focuses on "community arbitration" and investigates the background of the "community" concept and why certain communities rely on arbitration. It also examines the legal concepts that affect the extent to which community groups have the right to arbitrate disputes in their own courts. This dissertation discusses when and how the right to arbitrate should be respected, and when that right may legitimately be limited on two community types: religions or cultural communities. As well as investigating these larger issues, this dissertation also considers numerous sub-questions, including: (1) how are communities defined; (2) what rights do such communities members have; (3) what is the relationship between community autonomy and legal pluralism; and (4) to what extent should religious and minority communities be protected through arbitration from potential abuse that may occur during an arbitration proceeding?\nPeople's religious commitments and considerations often oblige them to resolve conflicts according to their own religious laws. Some communities often oblige them to resolve conflicts according to their own religious laws. Some communities attempt to resolve disputes without resorting to official state courts. For example, religious communities - specifically, Jewish, Christian and Muslim communities - in the U.S., Canada and the UK are often obligated to resolve conflicts according to religious laws and/or before religious tribunals.\nCertain cultural communities, on the other hand, due to certain social commitments and cultural considerations, are obliged to resolve conflicts according to their own unique ethnic laws. This thesis examines the theme of cultural arbitration; namely, peacemaking methods based on culture. This thesis focuses on the Sulha (reconciliation) as "Bedouin Arbitration," - cultural mechanism that provides for amicable dispute resolution - and considers Bedouin communities in Palestine and Jordan, as well as communities involved in military conflicts or living in war zones, as its case studies. This paper also highlights the legal challenges encountered by Palestine communities operating under the jurisdiction of an arbitration center located in Jerusalem.\nSometimes, the autonomy allows arbitration to come into conflict with official state political objectives. Other challenges may come to light when judicial awards are enforced. Hence, religious commitments and social power may impose a new type of mechanism for the implementation of arbitration awards.

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)0.019
metaresearch head score (Gemma)0.056
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: Empirical
Teacher disagreement score0.019
Threshold uncertainty score0.100

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0190.056
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.001
Science and technology studies0.0070.018
Scholarly communication0.0090.009
Open science0.0010.011
Research integrity0.0020.003
Insufficient payload (model declined to judge)0.0050.000

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 head0.014
GPT teacher head0.225
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 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

Citations0
Published2020
Admission routes1
Has abstractyes

Explore more

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