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Record W2908093665 · doi:10.22329/cjpp.v2i1.8164

Aboriginal title or Legal Personhood for Land?

2023· article· en· W2908093665 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.
aboutThe title or abstract carries a Canadian signal from the geographic lexicon.

Bibliographic record

VenueCanadian Journal of Practical Philosophy · 2023
Typearticle
Languageen
FieldAgricultural and Biological Sciences
TopicLand Rights and Reforms
Canadian institutionsWilfrid Laurier University
Fundersnot available
KeywordsPersonhoodPolitical scienceLawSociology

Abstract

fetched live from OpenAlex

In 1983, British Columbia granted Carrier Lumber Ltd a license to engage in industrial logging within the territory of the Tsilhqot’in Nation. The Xeni Gwet’in First Nations government (part of Tsilhqot’in Nation) sought an injunction to halt Carrier. For the Xeni Gwent’in, the proposed logging would destroy the forest in which they lived and hunted. In order to gain the power to stop the proposed logging, the Xeni Gwet’in fought for a declaration of Aboriginal Title. After a lengthy trial, the Supreme Court granted their claim. This may sound like a story about victory for the Xeni Gwet’in people. After a long, and hard fought battle, they succeeded in gaining Aboriginal Title. What this characterization misses is that, in order to gain Title, the Xeni Gwet’in had to accept not only the process imposed on them by the Canadian government but also the implicit assumptions that the government relies on to justify its current (and, to a degree, past) relationship with Aboriginal peoples. Thus, Aboriginal Title requires that Aboriginal peoples choose between protecting the land by accepting these assumptions, or rejecting the assumptions but, in most cases, losing the land. In New Zealand as part of the process of deciding land claims, a new option has been added. Instead of granting Aboriginal Title to land, in some cases, the land itself is granted legal personhood. Such an approach de-couples the question of the political relationship between Aboriginal peoples and the government from the fight to protect the land. I argue that there is great value in separating these questions. By doing so, the government can better support the autonomy of Aboriginal peoples and be more inclusive of alternative perspectives This approach (often endorsed in environmental philosophy) will be beneficial to non-Aboriginal peoples as well.

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)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesInsufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: Not applicable
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.688
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
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)0.0010.000

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 head0.054
GPT teacher head0.297
Teacher spread0.243 · 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