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Record W2926911152 · doi:10.14288/1.0377642

Normative worlds clashing : state planning, indigenous self-determination, and the possibilities of legal pluralism in Chile

2019· article· en· W2926911152 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.

Bibliographic record

VenueOpen Collections · 2019
Typearticle
Languageen
FieldSocial Sciences
TopicIndigenous Peoples' Rights and Law
Canadian institutionsUniversity of British Columbia
Fundersnot available
KeywordsNormativePluralism (philosophy)IndigenousState (computer science)Political scienceEnvironmental ethicsIndigenous rightsLaw and economicsEpistemologySociologyLawPoliticsPhilosophyComputer science

Abstract

fetched live from OpenAlex

Much of the history of Indigenous-state relations in Chile has been shaped by western understandings of law, and by Indigenous engagement with and opposition to such understandings. Spanish colonial law was used to justify settler presence, land dispossession, and violence. Independence was supported by the imposition of Chile’s newly created legal system upon pre-existing Indigenous nations, legitimating territorial annexation and nation building from the state’s standpoint. Today, the state interacts with Indigenous peoples through the lens of Indigenous rights and recognition following recent developments in international law. This dissertation investigates how planning has intertwined with western law to facilitate institutionalized Indigenous dispossession over time and how that relationship unfolds today, using the implementation of the duty to consult as an entry point. First, I trace the evolution of state planning since early colonial times, suggesting that contemporary planning practice is inseparable from this colonial genealogy. Then, adopting an institutional ethnographic approach, I examine the creation of a controversial national consultation regulation through the voices of government and Indigenous representatives involved in the process, as well as Indigenous peoples who refused to participate. The analysis suggests that marginal improvements in state planning are taking place, especially regarding methodological innovations in participatory planning. However, at a more substantial level, consultation policy serves to proceduralize and restrict the scope of Indigenous rights and the exercise of self-determination under the veils of reasonableness and compatibility with Chilean legal frameworks. The failure to reach a mutually agreed regulation and Indigenous refusal to engage in the process suggest that what is really at play in Chile’s planning contact zone is not a clash between different ways of planning, but a clash of normative systems. In other words, tensions arising from multiple contrasting interpretations and narratives about what is considered acceptable or unacceptable, allowed or forbidden, legitimate or invalid regarding Indigenous and non-Indigenous coexistence in shared space. I conclude by discussing how understanding planning contact zones in terms of conflicting legal orders in action opens the door to planning practices that are grounded in legal pluralism rather than in domination by imposition of Chilean law.

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: Qualitative · Consensus signal: Qualitative
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.507
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
Bibliometrics0.0000.001
Science and technology studies0.0040.000
Scholarly communication0.0010.001
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 head0.009
GPT teacher head0.279
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