Prior Occupation and Schismatic Principles: Toward a Normative Theorization of Aboriginal Title
Why this work is in the frame
A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.
Bibliographic record
Abstract
There are two divergent principles underlying theconstitutional recognition of Aboriginal title in s. 35(1) of the <i>Constitution Act, 1982</i> the historically-oriented principle of "prior occupation, " and the forward-looking principle of "reconciliation. " A closer look at the principle of "prior occupation " reveals several possible rationales behind its requirement in the test for Aboriginal title: to promote economic efficiency; to ground a natural right of ownership; and to function as a proxy for the protection of individual or group identity. However, each of these rationales fails to adequately respond to both previous jurisprudence in the area and the need to achieve a just and legally sound system for determining future claims. If "prior occupation" is instead understood as a proxy for "community connections to land," then the primary interests at stake are more clearly revealed. It is then possible to develop a principled and more consistent way of dealing with Aboriginal title claims in a way that respects the interests of all involved.
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.
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 it