Radical Title of the Crown and Aboriginal Title: North America 1763, New South Wales 1788, and New Zealand 1840
Bibliographic record
Abstract
The radical or underlying title of the Crown to all lands in the kingdom is a feature of English common law derived from Anglo-Norman feudal doctrines. When British sovereignty was proclaimed over new plantations or colonies, following the reasoning of William Blackstone, English law was part and parcel of the birthright of British subjects (whether English, Welsh, Scottish or Irish) who settled in ‘uncultivated’ distant lands. Crown title, though, is now said by the Supreme Court of Canada “to be burdened by the pre-existing legal rights of Aboriginal people who occupied and used the land prior to European arrival.” [Tsilhqot’in Nation 2014) Development of what is called the ‘common law doctrine of aboriginal title’ – though not derived from English common law – is a feature of case precedents in Canada, Australia and New Zealand in recent decades. Courts in these jurisdictions have consistently relied on proclamations of British sovereignty as the origin point for the radical title of the Crown, and the Crown’s right to extinguish native title. The comparative aspect of the paper investigates divergent judicial responses to the status and relevance of pre-existing indigenous norms and values. These range from terra nullius outright rejection of their relevance, to limited acceptance of usufructuary and possessory rights, to a broader acceptance that native title must be understood in the light of indigenous understandings.
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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 | 0.000 | 0.000 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| 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".