Showing papers on "Settlement (litigation) published in 1976"

The effects of time pressure and issue settlement order on integrative bargaining.

Abstract: A laboratory bargaining experiment was conducted with 120 undergraduates to determine how conflict resolution and integrative bargaining are affected by time pressure and issue settlement order. Settlements were reached faster but joint payoff was lower under high time pressure than under low time pressure. Joint payoff was less when the issues were settled sequentially than when the negotiators were unrestricted in settlement order or were required to settle the issues simultaneously. The results are interpreted in terms of two different integrative bargaining processes.

Frontier settlement in early dutch south africa

Abstract: The rapidity of European expansion in eighteenth century South Africa constitutes a major problem of its settlement history The original intention of the Dutch to confine their African settlement to a small area of coastland was abandoned when settlers proved incapable of producing enough food for the colony's needs The expansion of the colony and the encouragement of settlement solved the problem of local food supplies but replaced it with one of overproduction The poor market for agricultural produce favored large estates and increased the capital requirements of arable farming Young settlers and others lacking capital moved to the frontier where they practiced an extremely extensive form of stock-raising The frontier movement was basically demographic in character and continued regardless of the state of the market for frontier produce

The Squatter Settlement as Slum or Housing Solution: Evidence from Mexico City

Abstract: This paper derives from a LARR-sponsored forum at the LASA 2003 Congress held in Dallas in March 2003. Targeted at younger scholars, a panel of leading researchers whose early work was shaped by marginality and dependency thinking of the 1960s were ...

Settlement, Removal and the New Poor Law

Abstract: ‘The whole business of settlements, even in its present amended form, is utterly contradictory to all ideas of freedom. The parish persecution of men whose families are likely to become chargeable, and of poor women who are near lying-in, is a most disgraceful and disgusting tyranny.’ In these forthright terms, the Reverend T. R. Malthus condemned the laws relating to the settlement and removal of the poor. His words echoed those of Adam Smith, who more than twenty years earlier had maintained that ‘there is scarce a poor man in England of forty years of age … who has not in some part of his life felt himself most cruelly oppressed by this ill contrived law of settlements’.1

The Economics of Criminal Courts: A Theoretical and Empirical Investigation

Abstract: UNTIL the 1960s economists made relatively few contributions to the study of criminal justice. Perhaps economists were apprehensive about the study of what appeared to be non-market activity, or, as is suggested by Gary Becker, "this neglect probably resulted from an attitude that illegal activity is too immoral to merit any systematic scientific attention."' Whatever the reasons for this past reluctance, economists have been increasingly willing to apply their professional tools to the study of non-traditional areas such as crime and crime prevention, and these applications have demonstrated that many aspects of crime and crime prevention can be analyzed as economic phenomena.2 Thus, by the late 1960s there was an identifiable "economics of crime and crime prevention." Recently, William Landes has made a notable contribution to this emerging field of economics.3 In his "Economic Analysis of the Courts," Landes demonstrated that the plea bargaining process, which is of central importance to modern jurisprudence, can be characterized as a market transaction in which the prosecutor "buys" guilty pleas in exchange for promises of sentence leniency. This transaction between the prosecutor and defendant determines, for any defendant, the type of disposition (trial vs. settlement) and sentence severity received if convicted. Thereby, the Landes model is

Spotted Cats and the Amazon Skin Trade

Abstract: In Brazil the trade in spotted cat skins – mainly jaguar and ocelot – built up in the early 1960s and provoked the Government in 1967 to outlaw all commercial exploitation of wildlife. The author estimates that this cut the annual kill from 15,000 jaguars and 80,000 ocelots to about half, which he thinks both populations can stand without becoming endangered. Moreover, the programme of massive development and settlement on the forest margins along the new Transamazon highway has run into difficulties, and forest destruction has so far been much less than was expected.

a natural system used in Mfantse litigation settlement

Abstract: Because of the differing circumstances which surround each case, Mfantse litigation settlement involves complex decision making. The natural system which elders use to set pacification fees in these cases simplifies otherwise complex decisions by limiting the amount of information brought to bear on each case to a small number of salient criteria and by applying these criteria sequentially.

Settlement and Cultural Development at Chalcatzingo

Abstract: Some of the earliest developments of social stratification and complex religious practices in Mesoamerica can be traced to the Olmec culture that existed on Mexico's southem Gulf Coast from about 1150 to 550 B.C. Possibly due to a belief that complex cultures cannot arise in tropical environments, some scholars have attributed Olmec origins to other regions and other cultures; however, the pre-Olmec stratigraphic sequence recently uncovered at San Lorenzo (1) suggests that Olmec cultural development is basically indigenous to the Gulf Coast region. Other new data indicate that we must not credit Olmec culture alone for developments in social and religious complexity early in the Formative period. Parallel developments may have taken place at least as early in Oaxaca, Chiapas, and possibly even western Mexico (2). By 1150 B.C., however, stylistic motifs that many scholars identify as Olmec were used on ceramics in widespread areas of Mesoamerica, and by 900 B.C. both portable and monumental 01mec-style stone art could be found in areas far distant from the Olmec heartland on the Gulf Coast. The actual nature of this cultural diffusion and the manner of its acceptance in other regions is still unclear and raises a number of questions. For instance, was cultural development in these other regions stimulated or influenced by Olmec culture? In this article we discuss research conducted at a major Formative period archeological site in highland central Mexi-

responses to grievance behavior: extended cases in a fishing community1

Abstract: Recent work in anthropology of law has focused on the dispute settlement process and the factors influencing choice of one form of settlement over another. This paper questions this focus and suggests alternative categories through which law as a process can be examined. Analysis of cases collected by the author in an Atlantic fishing community indicated that for many cases no settlement process could be identified, although some involved a lengthy “cooling” period during which the alleged offense was discussed and subtle responses to it were made. Some cases were successfully handled in this way; others developed into full-blown disputes; still others continued in process for several years and did not appear headed for any clear settlement. Through analysis of these case materials, three issues are raised for discussion: (1) the concept of dispute settlement as a primary focus; (2) the traditional concept of a case, in which “a” dispute is aired or presented in public and a decision made which terminates the dispute; (3) the importance of time as a variable in the handling of disputes. It is suggested that the focus on settlement reflects our bias toward viewing disputes as short-range encounters in relationships which lack a past and future. In contrast, the concept of a case as a response to grievance behavior provides a more complete picture of the ways in which conflicts are handled in different types of relations and of the ways in which disputes develop, or are avoided. In particular, the development of the grievance-response process through time and the variations in pattern of development for different social relations with different time dimensions are discussed.

An approach to the investigation of colonial settlement patterns: Whaling in Southern New Zealand

Abstract: The records of early post‐contact sites in New Zealand, among them whaling stations, are sparse. To illustrate what can be done to supplement these records archaeologically, the results of excavations at the Taieri Island whaling station are described. They are compared with those obtained at other established types of contact settlements to see how the archaeological evidence, in each case, differs. Such comparisons are seen as vital to the establishment of patterns in the colonial archaeology of the region.

The other side of the frontier: Early aboriginal reactions to pastoral settlement in Queensland and Northern New South Wales

Abstract: (1976). The other side of the frontier: Early aboriginal reactions to pastoral settlement in Queensland and Northern New South Wales. Historical Studies: Vol. 17, No. 66, pp. 50-63.

Chinese frontier settlement in taiwan

Abstract: Chinese migration to Taiwan during the seventeenth through nineteenth centuries transformed the island into a cultural and political outpost of the “Middle Kingdom.'’A patent system largely guided settlement and reclamation on the T'ao-yuan alluvial fan of northern Taiwan during the eighteenth century. The imprint of the patent system is still seen in the dispersed pattens of rural settlement and the ethnic composition and distribution of the population.

Law in the Kibbutz: A Reappraisal

Abstract: The relationship between social structure and the development of legal institutions is the central theme in the classic study by Richard Schwartz, now more than two decades old, "Social Factors in the Development of Legal Control: A Case Study of Two Israeli Settlements" (1954). The article is based on an examination of the systems of control developed in two rural communities, one a kibbutz (or kvutza), based on social and economic collectivism; the other a moshav, a cooperative settlement with private property and social life geared to the nuclear family. Internal controls in both communities were exercised through a General Assembly, composed of all members, and by a number of specialized committees. In contrast to the moshav, which had a Judicial Committee performing an adjudicatory function, Schwartz found that the kibbutz "had no distinctly legal institution" and that its control system "must be considered informal rather than legal" since public opinion constituted its sole sanction (Schwartz, 1954: 471, 476). Schwartz (1954:473) defines legal control as "that which is carried out by specialized functionaries who are socially delegated the task of intra-group control. . . ." Law develops, he concludes, where disturbing behavior is not as adequately controlled informally as it could be with the aid of legal controls. The kibbutz, in his view, was characterized by a number of conditions which facilitated the development of informal controls, whose effectiveness explained the failure of the kibbutz to develop legal institutions. These conditions may be divided into those facilitating the implementation of the sanction of public opinion and those insuring the effectiveness of its impact. The former are inherent in the communal life of the kibbutz, "a large primary group whose members engage in continuous face-to-face interaction" (1954: 477). Schwartz notes that, in the kibbutz he investigated, mem-

The Compulsory Exchange of Populations : Greek-Turkish Peacemaking, 1922–1930

Abstract: As a precedent in the resolution of Middle Eastern crises, the settlement of the embittered Greek- Turkish conflict of 1919–1922 constitutes a landmark. The swiftness and comprehensiveness of the settlement was hailed from the moment it was formally achieved by the Lausanne Peace Treaty of 23 July 1923. It has been rendered even more impressive since World War II by what, until recently at least, has seemed like the intractable Arab-Israeli dispute.

An Empirical Test of Class-Action Settlement

Abstract: THE class action may be viewed as a technique designed specifically to overcome some of the inherent handicaps of a legal system functioning in a world of scarce resources and positive transactions costs.' Consider, for example, the plight of 10,000 individuals illegally harmed by a large enterprise. Let the economic harm to each be relatively small-say $1,000. Assume also that by causing the harm, the enterprise benefits by $8,000,000. Then if the cost of joining the claims of the harmed individuals is great, and if the cost of bringing an individual action for damages is greater than $1,000, it will pay no one to litigate the issue. The enterprise will have an incentive to commit the harm, and the result will be an inefficient utilization of scarce resources (the harm is worth $8,000,000 to the firm but imposes costs of $10,000,000 on the harmed individuals) and a clandestine redistribution of wealth from the harmed individuals to the firm.

Two early rye finds from the netherlands

Abstract: SUMMARY Charred rye grains recovered from two settlement sites indicate that in the Netherlands, Secale cereale was grown by native farmers in the first centuries AD and probably already in the last centuries BC

An Overview of Settlement Schemes in Sri Lanka

Abstract: LAND SETTLEMENT AS a pioneering venture has fired many people's imaginations. As a measure for tackling socioeconomic problems, it has had broad appeal. Settlement schemes in the colonial period were initiated both in Asia and Africa, and were motivated by economic, humanitarian and political considerations. In the African territories this meant the separation of the indigenous population from the Europeans, evacuation of areas affected by sleeping sickness and overpopulation, and in some cases the achievement of the objectives of nation building. In Sri Lanka, such schemes originally sprang from the need for social amelioration of the people dispossessed of their lands by the development of plantations and for redressing the problems of overpopulation and landlessness in the more densely populated areas of the mid and low country wet-zone. More recently, the need for domestic food production due to increasing difficulties in securing food imports on favorable terms, population growth and unemployment have introduced new dimensions into the objectives of settlement. Sri Lanka's experiences with land settlement are quite unique due to the diversity of the organizational forms in existence. Settlement schemes have taken varied forms involving different classes of producers, tenurial patterns, varied farm enterprises and more recently different ideological considerations. These schemes which have evolved since the turn of the present century reflect the social and economic exigencies to which policy makers have had to address their minds from time to time. The evolution of land settlement and peasant agricultural development policy in Sri Lanka can be conveniently divided into five phases extending over the period 1815-1970. In the initial phase of settlement there was little by way of accomplishment until the enactment of the Land Development Ordinance of 1935. It was with the passing of this instrument of land policy that the framework for the establishment of agricultural settlements on a firm footing was made possible. All schemes established under the provisions of this ordinance