The judicialization of the tension between the cultural identity of states and intangible cultural heritage
Bibliographic record
Abstract
This chapter analyses as the first space of judicialization cases where the claim over an intangible cultural heritage clashes with the cultural identity created by a state through its fundamental legal principles. Two cases illustrate this phenomenon. On the one hand, a claim brought before the Canadian Supreme Court considered the possibility of communities using their traditional practices of oral stories to bring the proof of an aboriginal title as recognized by the Constitution. On the other hand, a decision by the French Administrative Supreme Court considered the extent to which a public administration could fund a private religious association pursuant to the fundamental French idea of Republic that enshrines a separation between the state and the church. Without generalizing, these cases help us discuss how judges negotiate between a heritage claim and a national official practice and how this affects intangible cultural heritage. The chapter concludes by discussing how heritage holders negotiate legal standing before the courts.
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot 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.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.000 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.001 | 0.001 |
| Scholarly communication | 0.002 | 0.001 |
| Open science | 0.001 | 0.001 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
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.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
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".