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Record W2057420653 · doi:10.7202/039836ar

The Moral Paradox of Adverse Possession: Sovereignty and Revolution in Property Law

2010· article· en· W2057420653 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

affAt least one author lists a Canadian institution in the pinned OpenAlex snapshot.
venuePublished in a venue whose home country is Canada.

Bibliographic record

VenueMcGill Law Journal · 2010
Typearticle
Languageen
FieldSocial Sciences
TopicProperty Rights and Legal Doctrine
Canadian institutionsQueen's UniversityUniversity of Toronto
Fundersnot available
KeywordsAdverse possessionPossession (linguistics)SovereigntyMoralityPositivismAnalogyVirtueLawPolitical scienceLaw and economicsSociologyHistoryPoliticsPhilosophyLand tenureEpistemologyLand law

Abstract

fetched live from OpenAlex

On what grounds can we justify the transformation of squatters into owners? To understand the moral significance of adverse possession, the author proposes an analogy. Much of the moral analysis of adverse possession has proceeded on the basis that adverse possessors are land thieves. The author first explains why the analogy of adverse possessor to land thief is misleading. Then, she argues that there is a much closer analogy between adverse possession and revolution or, more precisely, a bloodless coup d’état . The recognition of the adverse possessor’s (private) authority solves the moral problem created by an agendaless object just as the recognition of the existing government’s (public) authority, whatever its origin, solves the moral problem of a stateless people. The morality of adverse possession, seen this way, does not turn on any particularized evaluation of the squatter’s deserts or her uses of the land. The author thus does not propose that adverse possession is justified in the same way that some argue a conscientious revolutionary is justified in resisting an oppressive or otherwise unjust sovereign. Rather, the morality of adverse possession is found where we might least expect it: in its positivist strategy of ratifying the claims to authority of a squatter without regard to the substantive merits of her agenda or her personal virtue.

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.

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 categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.963
Threshold uncertainty score0.998

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 studies0.0030.001
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 head0.025
GPT teacher head0.280
Teacher spread0.255 · 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