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Record W3167424012 · doi:10.1017/9781780686288.012

Should Indigenous Property be Relationship Property?

2018· book-chapter· en· W3167424012 on OpenAlexaboutno aff
Jacinta Ruru, Leo Watson

Bibliographic record

VenueIntersentia eBooks · 2018
Typebook-chapter
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsnot available
Fundersnot available
KeywordsIndigenousSovereigntyPolitical scienceLegislatureGeographyProperty (philosophy)Context (archaeology)LawArchaeologyEcologyPolitics

Abstract

fetched live from OpenAlex

Once, not that long ago, significant tracts of land on earth were known only to the Indigenous peoples. The expansion of the European empire into the ‘new world‘ of the old homes of Indigenous peoples in lands now known as, for example, the United States of America, Canada, Australia, and New Zealand has brought about complex legal quandaries that remain mostly unresolved despite more than 200 years of contact. The European colonialists arrogantly assumed sovereignty of the Indigenous peoples and their lands. While some of the English-styled domestic courts recognised Indigenous peoples ‘property tenure, they did so typically only on an occupancy use-rights scale, if at all. This was often justified on the premise that the local Indigenous peoples were'savage‘ or ‘barbarian‘ and certainly had no developed legal property tenure comprehensive to the Europeans. While those early cases have now been overruled, the present legal quandary remains about how best to reconcile with Indigenous peoples who mostly have had their sovereignty and property denied. Many contemporary domestic courts, domestic legislatures, and international instruments are attempting to find palatable answers. Within this context, focus is predominantly on, for instance, lands, waters, forests, fish, and coastlines. Often not in the spotlight is relationship property. Still, the domicile question of whether the very little remaining Indigenous property should be capable of being deemed relationship property raises unique issues that deserve close attention. Where one or both of the persons in a relationship are Indigenous and hold Indigenous property, should that Indigenous property remain ring-fenced as separate property or fall into the relationship sharing pool? For example, if the family home has been built on the ancestral land of the Indigenous partner, upon divorce should the non-owning partner be able to make a claim to the home? This chapter focuses on these questions as an important component of modern family finances with particular emphasis on a once colonial country: New Zealand.

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 categoriesInsufficient payload (model declined to judge)
Consensus categoriesInsufficient payload (model declined to judge)
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: Other
Teacher disagreement score0.897
Threshold uncertainty score0.999

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 studies0.0010.001
Scholarly communication0.0000.000
Open science0.0010.000
Research integrity0.0010.001
Insufficient payload (model declined to judge)0.0020.002

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 head0.134
GPT teacher head0.330
Teacher spread0.196 · 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; both teacher heads agree on what is shown here.

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

Citations0
Published2018
Admission routes1
Has abstractyes

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