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Record W4385512954 · doi:10.60082/2817-5069.3165

Freedom & Indigenous Constitutionalism, by John Borrows

2017· article· en· W4385512954 on OpenAlexvenueaboutno aff
Lillianne Cadieux-Shaw

Bibliographic record

VenueOsgoode Hall law journal · 2017
Typearticle
Languageen
FieldSocial Sciences
TopicAmerican Constitutional Law and Politics
Canadian institutionsnot available
Fundersnot available
KeywordsIndigenousConstitutionalismFraming (construction)CharterLawConstitutionMetaphorSociologyPolitical scienceCoercion (linguistics)HistoryDemocracyPhilosophy

Abstract

fetched live from OpenAlex

The metaphor of Justice McEachern - the trial judge in the famous Aboriginal title case Delgamuukw—and his “tin ear” is useful in describing the disconnect between settler law and Aboriginal ways of life. We have seen this tin ear time and again in our legal system, whether it’s the inability of Canadian evidentiary laws to accept oral Indigenous evidence or the difficulty judges have in applying Gladue principles to the sentencing of Aboriginal offenders. We have seen it in the reluctance of courts to recognize Aboriginal spirituality under the Charter and in the narrow framing of section 35 of the Constitution, a framing that has only reaffirmed the settler belief that Indigenous peoples are “‘once-upon-a-time’ groups that can only occupy a very narrow space in contemporary democracies.” John Borrows new book, Freedom & Indigenous Constitutionalism, explores the quest for freedom (dibenindizowin) and a good life (mino-bimaadiziwin) for Indigenous peoples in Canada, and what stands in the way of achieving it. As Borrows explains, freedom is not just the “absence of coercion or constraint.” It is the ability, alongside others, to “choose, create, resist, reject, and change laws and policies that affect your life.” Unsurprisingly, one of the main barriers is the law’s continued inability to attune itself to Indigenous values, wishes, and beliefs. At every turn, Canadian-European legal traditions have remained inattentive— and sometimes even indifferent—when Indigenous peoples have fought for freedom. We once again see the tin ear of the law. Borrows’ book is a careful call to arms; a thoughtful manifesto on how to resist, litigate, protest, and educate in search of a space where Indigenous peoples may live freely and pursue a good life most in line with their own dreams and aspirations.

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 imitation

Not 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.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.004
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Review · Consensus signal: none
Teacher disagreement score0.133
Threshold uncertainty score0.264

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0020.004
Meta-epidemiology (narrow)0.0010.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.001
Science and technology studies0.0080.016
Scholarly communication0.0070.006
Open science0.0010.003
Research integrity0.0040.007
Insufficient payload (model declined to judge)0.0060.001

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 head0.031
GPT teacher head0.323
Teacher spread0.292 · 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 source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreReview

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
Published2017
Admission routes2
Has abstractyes

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