Bibliographic record
Abstract
Homeless encampments have become increasingly common in US and Canadian cities. Their prevalence raises a fundamental question: are encampments justifiable when individuals lack access to housing? This article argues that encampments are only partially justifiable as a response to homelessness. A complete justification implies that individuals can lawfully establish permanent encampments when they lack access to housing. A partial justification, on the other hand, forbids the establishment of permanent encampments, but permits individuals to establish temporary ones in certain circumstances. Encampments are partially justified for four principal reasons. First, they are a response to public and private law’s failure to alleviate homelessness. Second, encampments informally accommodate people experiencing homelessness within systems of mutual coercion. Third, they informally redistribute the property system’s benefits and burdens. Fourth, encampments bear some hallmarks of justificatory defences in the criminal law. The concluding parts of this article explain the implications of tent encampments’ partial justifiability. First, the concept of partial justification explains why courts have allowed unhoused persons to establish temporary encampments in limited contexts. Partial justifications thus limit State power. Second, the partial justifications for encampments illustrate the importance of housing in ways we may overlook. Furthermore, these partial justifications support a State duty to provide housing or the means to acquire it. By exploring the partial justifications for encampments, this article shows why the right to housing can also be understood as a right to be protected against the legal condition of homelessness.
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 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 | 0.006 | 0.007 |
| Meta-epidemiology (narrow) | 0.001 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.002 | 0.001 |
| Science and technology studies | 0.009 | 0.056 |
| Scholarly communication | 0.005 | 0.008 |
| Open science | 0.002 | 0.003 |
| Research integrity | 0.007 | 0.007 |
| Insufficient payload (model declined to judge) | 0.004 | 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".