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Indigenous Rights and Intrastate Multijuridicalism

2020· book-chapter· en· W3092805193 on OpenAlexaff
Dwight Newman

Bibliographic record

VenueOxford University Press eBooks · 2020
Typebook-chapter
Languageen
FieldSocial Sciences
TopicIndigenous Peoples' Rights and Law
Canadian institutionsUniversity of Saskatchewan
Fundersnot available
KeywordsIndigenousAssertionPolitical scienceIndigenous rightsPoliticsWarrantLegal pluralismColonialismLawSociologyLaw and economicsComparative lawLegal realism

Abstract

fetched live from OpenAlex

Abstract This chapter examines the rising assertion that Indigenous rights imply a necessary multijuridicalism within states that contain Indigenous peoples. Those who put this assertion call for the recognition of Indigenous legal systems alongside dominant state legal systems. One basis for these claims is found in Article 5 of the 2007 UN Declaration on the Rights of Indigenous Peoples (UNDRIP), which states that “Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions…” Considered against backgrounds of colonial encounters between European imperial powers and Indigenous peoples, there are no doubt strong normative arguments for moves toward reopening space for Indigenous legal traditions. At the same time, however, such moves raise complex questions of jurisprudential theory that warrant close analysis. This chapter engages in some of that analysis in the context of various theories of legal pluralism.

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)0.000
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: Not applicable · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: Other
Teacher disagreement score0.987
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 studies0.0020.001
Scholarly communication0.0000.000
Open science0.0010.000
Research integrity0.0010.001
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 head0.019
GPT teacher head0.217
Teacher spread0.197 · 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 designNot applicable
Domainnot available
GenreOther

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

Citations1
Published2020
Admission routes1
Has abstractyes

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