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Record W2343359636

Recognizing Indigenous Legal Values in Modern Copyright Law

2016· article· en· W2343359636 on OpenAlexaboutno aff
Denise Brunsdon

Bibliographic record

VenueScholarship@Western (Western University) · 2016
Typearticle
Languageen
FieldSocial Sciences
TopicMulticultural Socio-Legal Studies
Canadian institutionsnot available
Fundersnot available
KeywordsSupreme courtIndigenousLawPolitical scienceLegal historyCommon lawJurisprudencePrecedentComparative lawSociology
DOInot available

Abstract

fetched live from OpenAlex

Canada was founded on three legal traditions: common law, civil law, and Indigenous law. Despite this multijuridical founding, Indigenous legal traditions (ILTs) have been largely ignored in many areas of Canadian law. This lack of inclusion is harmful to Canadian society in several ways. Notably, it ignores Canada’s treaty obligations, disregards the social integration of contemporary Canadian society, and wastes an excellent opportunity to aid in the reconciliation of Canada’s colonial past. It is not as though Canada is without opportunities to integrate ILTs into its legal systems. For example, in the recent Supreme Court of Canada decision, CCH v LSUC, the Court outlined a shift in Canadian copyright law, moving toward a model of “fair use” and “social good” in the copyright space. In so doing, the Court did not rely on any Indigenous legal or cultural justifications for its decision; however, copyright law is an ideal space for the inclusion of ILTs. Not only are many of the new elements outlined by the Supreme Court similar to many Indigenous nations’ views on property, but Canadian copyright law also has a history of integration, having already merged the British and Francophone traditions. This paper argues that such an inclusion would be beneficial for all Canadians and would represent a positive step in Canada’s relations with its Indigenous nations. A broad view of ILTs is taken in this paper so as to allow the argument to stand without distracting criticism of the substance of any nation’s distinct tradition. Indeed, the paper takes an overarching view on a broad topic and asks the salient questions about whether integration is possible and whether it can be achieved. The answer, to both, is in the affirmative.

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 categoriesMeta-epidemiology (narrow), Science and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Observational · Consensus signal: Observational
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.127
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.001
Science and technology studies0.0010.001
Scholarly communication0.0000.004
Open science0.0010.000
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 head0.111
GPT teacher head0.343
Teacher spread0.232 · 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.

Study designObservational
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

Citations2
Published2016
Admission routes1
Has abstractyes

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