The struggle between public and private ordering in family law. A study of marital agreement regimes in existing conjugal relationships in the Republic of Columbia and the provinces of Quebec and Ontario
Bibliographic record
Abstract
Conjugal relationships have faced numerous changes in recent history. The struggle between private and public ordering has compelled changes in the personal and the economic spheres of conjugal relationships. This thesis explores this debate through a critical analysis of a proposal which would attenuate the immutability of marital agreements in Colombia. This critical analysis relies on feminist relational contract theory to survey the economic regulation of couples’ relationships in the Canadian Provinces of Ontario and Quebec, as well as in Colombia. Two general arguments arise from this analysis. First, marriage and cohabitation are often long-term, interdependent relationships that change over time and require a legal framework enabling spouses to adapt their economic rights to their evolving circumstances. Second, conjugal relationships entail power imbalances that often affect vulnerable parties such as women and children, and these imbalances call for public order rules which protect the essential property of the family and which ensure fairness through remedy-based support at the breakdown of a relationship. The purpose of this thesis is to explore the experience of Quebec and Ontario – where spouses can conclude marital agreements at any time and are only subject to certain restrictions – in order to critically assess the effects of attenuating immutability of marital agreements in Colombia. The use of the expression “attenuates” suggests that any approach widening private contracting in conjugal relationships needs to be cautious of the impact of power imbalances in marital agreements concluded during conjugality. In light of these concerns, this thesis proposes a mutable marital agreement which is responsive to the changes that take place inside conjugal relationships, which imposes stricter imperative rules that take some property out of the scope of private ordering, and which privileges remedy-based spousal support
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.003 | 0.001 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.000 | 0.001 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
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.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
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".