Entanglement of State and Indigenous Legal Orders in Canada
Bibliographic record
Abstract
One prominent way for multiple legal orders to be organized is for one order to claim and to an effective degree enjoy supremacy over the other(s). This is of course a familiar state-centric view of law. Such a view depends heavily on a particular concept of legal system, which has been both substantially developed in legal theory (e.g. in analytical legal philosophy) and observationally available in the practices of many states. However, this system-centred view of law faces some significant challenges in many contexts, in terms of both its descriptive-explanatory accuracy and its political acceptability. This chapter explores the way and extent to which the system-centred view of law is not necessary but contingent and so a matter of choice, and the political implications at stake in such a choice. Deploying a previously developed inter-institutional theory of law, it argues that forms of entangled legalities, rather than hierarchical and dominating legal systems, are often not only possible but politically desirable. To make the case it draws on observations about the dynamic and evolving relations between state and First Nations legal orders in Canada.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.003 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.003 | 0.007 |
| Science and technology studies | 0.018 | 0.013 |
| Scholarly communication | 0.008 | 0.002 |
| Open science | 0.001 | 0.004 |
| Research integrity | 0.001 | 0.002 |
| Insufficient payload (model declined to judge) | 0.007 | 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 source (direct Gemma or distilled Codex), 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".