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Record W1590395160

Constructive appropriation - the key to constructive expropriation? Guidelines from Canada

2007· article· en· W1590395160 on OpenAlexaboutno aff
Elmarie Van der Schyff

Bibliographic record

VenueComparative and International Law Journal of Southern Africa · 2007
Typearticle
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsnot available
Fundersnot available
KeywordsExpropriationAppropriationConstructiveLawDoctrineLaw and economicsConstructive trustJurisprudenceBusinessPolitical scienceEconomicsComputer scienceEpistemologyPhilosophy
DOInot available

Abstract

fetched live from OpenAlex

This article addresses how the doctrine of constructive expropriation can be accommodated in the South African legal system. Case law has not yet provided clear guidelines and the possibility of expanding the parameters of expropriation by adopting the uniquely Canadian approach to the issue of constructive expropriation, is explored. Canadian jurisprudence recognises that expropriation is a matter involving both fact and law and that when the loss to the aggrieved party is accompanied by a form of appropriation by the expropriating authority, compensation becomes payable. Constructive expropriation could apply in South Africa if the range of appropriation were to be extended to regard any form of gain or benefit at the expense of the property owner's core competence in relation to the property, as an acquisition by the expropriator.

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 distilled prediction

Teacher imitation

Not 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.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.864
Threshold uncertainty score0.861

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

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 head0.073
GPT teacher head0.343
Teacher spread0.270 · 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 teacher head, 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

Citations1
Published2007
Admission routes1
Has abstractyes

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