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Record W2105057547 · doi:10.1017/cls.2014.5

Jurisdiction and Settler Colonialism: Where Do Laws Meet?

2014· article· en· W2105057547 on OpenAlexaboutno aff
Shiri Pasternak

Bibliographic record

VenueCanadian Journal of Law and Society / Revue Canadienne Droit et Société · 2014
Typearticle
Languageen
FieldSocial Sciences
TopicIndigenous Peoples' Rights and Law
Canadian institutionsnot available
Fundersnot available
KeywordsJurisdictionPrinciple of legalityLawSovereigntyPolitical scienceLegitimacyColonialismState (computer science)SociologySettlement (finance)Politics

Abstract

fetched live from OpenAlex

Abstract To engage in the question of what it means to decolonize law, we must ask by what authority a law has the authority to be invoked and to govern. In this paper, I describe the conditions necessary for the exercise of Canadian law as being the work of jurisdiction, and I call into question Canada’s legality and legitimacy in making jurisdictional claims. Decolonizing law means deconstructing the state’s grounds to inaugurate law on lands acquired through colonial settlement. By critically examining law’s geography and scope I call into question the modern definition of territory itself. Further, I draw attention to jurisdiction as a conceptual framework for understanding the specificities of settler colonialism; illustrate jurisdiction as a historical concept, distinct from territory and sovereignty; and show some of the ways in which jurisdiction is enacted to govern across multiple scales and issues.

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)0.005
metaresearch head score (Gemma)0.016
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 score0.511
Threshold uncertainty score0.983

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0050.016
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.000
Bibliometrics0.0020.003
Science and technology studies0.0100.054
Scholarly communication0.0150.007
Open science0.0010.005
Research integrity0.0020.003
Insufficient payload (model declined to judge)0.0060.000

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 head0.009
GPT teacher head0.245
Teacher spread0.235 · 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

Citations110
Published2014
Admission routes1
Has abstractyes

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Same venueCanadian Journal of Law and Society / Revue Canadienne Droit et SociétéSame topicIndigenous Peoples' Rights and LawFrench-language works237,207