Showing papers on "Settlement (litigation) published in 1977"
TL;DR: In this paper, it was shown that the rationality of the common law rests on irrational behavior of litigants, and that the decision to use the courts to settle a dispute is more likely in cases where the legal rules relevant to the dispute are inefficient, and less likely where the rules are efficient.
Abstract: POSNER, in Economic Analysis of Law, ' argues persuasively that the common law can be best understood as an attempt to achieve economic efficiency. He is less persuasive in his explanation of why this is so-his argument is essentially that judges may as well decide in terms of efficiency, since they have no other criteria to use. To an economist accustomed to invisible hand2 explanations of efficiency in the marketplace, this justification seems weak. Of related interest is the analysis by Landes,3 Gould,4 and Tullocks of the decision to litigate a dispute rather than settle. All have concluded that, in general, parties will settle out of court. But, for the common law to remain efficient, it must change as conditions change; changes in the common law require that some cases be litigated. Does the rationality of the common law rest on irrational behavior of litigants? In this paper I show that these issues-the presumed efficiency of the common law and the decision to use the courts to settle a dispute-are related. In particular, this relationship will occur because resorting to court settlement is more likely in cases where the legal rules relevant to the dispute are inefficient, and less likely where the rules are efficient. Thus, efficient rules may evolve from in-court settlement, thereby reducing the incentive for future litigation and increasing the probability that efficient rules will persist. In short, the efficient rule situation noted by Posner is due to an evolutionary mechanism whose direction proceeds from the utility maximizing decisions of disputants rather than from the wisdom of judges. Section I of this paper contains an analysis of the framework which will be used to discuss pressures for efficiency. Section II contains the actual analy-
551 citations
TL;DR: In this paper, the authors describe Pasargada legality from both the inside (through the sociological analysis of legal rhetoric in dispute prevention and dispute settlement) and in its (unequal) relations with the Brazilian official legal system (from the perspective of legal pluralism).
Abstract: In a capitalist society the State legal system is in general an instrument of class domination both at the level of the relations of production, as in the factory, and of the relations of reproduction, as in housing. Housing conditions are particularly illustrative of class domination in the squatter settlements of all major cities throughout the capitalist world. Pasargada is the fictitious name of such a settlement in Rio de Janeiro. In a nonrevolutionary situation, and particularly under the yoke of economic and political repression imposed by the fascist State (as in contemporary Brazil), the struggle against housing and living conditions in these settlements is a very hard one. Because of the structural inaccessibility of the State legal system, and especially because of the illegal character of these communities, the dominated classes living in them devise adaptive strategies aimed at securing the minimal social ordering of community relations. One such strategy involves the creation of an internal legality, parallel to (and sometimes conflicting with) State legality-a kind of popular justice. The article describes Pasargada legality from both the inside (through the sociological analysis of legal rhetoric in dispute prevention and dispute settlement) and in its (unequal) relations with the Brazilian official legal system (from the perspective of legal pluralism).
224 citations
Book•
01 Jan 1977
TL;DR: A Demographic Review of the Nineteenth-Century Cattle Complex is presented in this article, along with a discussion of the causes of the ecological collapse: Results and Remedies.
Abstract: Introduction - A Demographic Review - Agricultural Systems & Settlement Patterns - The Nineteenth-Century Cattle Complex - Wildlife & Ecological Control - The Industrial Supports - Markets & Trading Networks - Break-down of the Man-Controlled Ecological System: The Causes - The Ecological Collapse: Results & Remedies - Conclusion - Appendix
148 citations
TL;DR: In this paper, a fair, peace-promoting settlement of the Arab-Israeli conflict is proposed. But both sides reject it. Why? Some nonrational reasons are considered, such as the fact that each side tends not to perceive the real fear and realistic anger on the other side.
Abstract: Some consensus exists as to what a fair, peace-promoting settlement would be. Both sides reject it. Why? Some nonrational reasons are considered. Four wars are reviewed. Each side tends not to perceive the real fear and realistic anger on the other side and not to perceive its own actions that have largely created and are now sustaining the other's fear and anger. Sullivan, Freud, Heider, S-R theory, and Jones-and-Nisbett are invoked. Circular processes in the Arab-Israeli conflict-system predominate; they are unlikely to be reversed unless strong influences from outside the system are brought to bear.
55 citations
TL;DR: In this article, the authors describe the particular changes and explain why they happened, perhaps to throw some light on models for explaining cultural change in general, in particular in Papua New Guinea.
Abstract: through 2,000 years, up to the close of local prehistory late last century. Certain significant economic and social changes occurred during this period and an attempt is made to identify the cultural processes involved. Archaeological evidence indicates that the Mailu area of south-east coastal Papua New Guinea was first settled by pottery-using people some 2,000 years ago. They practised a generalized agricultural and fishing economy and lived in villages distributed along the coast and on offshore islands. Villages were apparently functionally unspecialized. Through time the density of mainland settlement increased and there was an associated shift in village site location. In addition, one settlement began to differentiate from others at a rate which accelerated through time. By the period of European contact, the small island of Mailu was the location of a settlement that can be described as a central place. It was larger, socially more stratified, more influential and functionally specialized than any other place. The object of this paper is not merely to describe the particular changes but rather to explain why they happened, perhaps to throw some light on models for explaining cultural change in general. The field research on which this discussion is based (Irwin 1974; 1977) was regional in scale and sampling methods were designed to find settlement patterns which were as complete as possible. Coherence in the patterns of site distribution enabled study of both man-land relationships and intersite spatial relationships among sites.
41 citations
TL;DR: The full potential of fieldwalking survey has not generally been realized as mentioned in this paper, but a series of systematic techniques is suggested which may significantly increase the quantity and quality of information collected by fieldwalking.
Abstract: The full potential of fieldwalking survey has not generally been realized. There are many limitations in the use of this survey method, but a series of systematic techniques is suggested which may significantly increase the quantity and quality of information collected by field‐walking. The application of such techniques to the study of Saxon settlement in Northamptonshire is discussed. The results obtained cast doubt on the generally accepted ideas of modern settlement originating with nucleated Saxon villages.
40 citations
34 citations
Book•
01 Jan 1977
25 citations
TL;DR: The lack of a general theory in this field has led to much wasted effort on the ground, and to the frequent replication of studies in the literature as discussed by the authors, leading to a no man's land.
Abstract: The study of settlement geography in Africa has not only to consider rural–urban and traditional–modern contrasts, but also to place on the appropriate continuum the various communities which have been relocated since World War II. However, the lack of a general theory in this field has led to much wasted effort on the ground, and to the frequent replication of studies in the literature. Some recent contributions endeavour to draw meaningful generalisations from the disparate literature on settlement and resettlement schemes.1 Perhaps because the subject constitutes ‘an academic no man's land’ wherein ‘no single science or study has yet established its claims and each has its limitations’,2 attempts at an overview have inevitably focused on the individual author's specialist orientation. Whatever the methodological paradigm of these overviews, or of the numerous case-studies, they frequently, if regretfully, arrive at a critical conclusion vis-a-vis the limited results of settlement schemes.
23 citations
01 Jan 1977
TL;DR: Data derived from sites located in the 1975 survey and the McPher son/Wilburn survey have defined a cultural prehistory for the Great Smoky Moun tains spanning almost 8,000 years.
Abstract: Data derived from 2 05 sites located in the 1975 survey (Nat ional Park Service Contract Number CX5 000502 11) and the McPher son/Wilburn survey (1936-1 94 1 ) have defined a cultural prehistory for the Great Smoky Moun tains spanning approxirnately 8 , 000 year s . The Great Smoky Mountains were f irst occup ied , albeit ephemerally , dur ing the Ear ly Archaic per iod . This was followed by more intensive occupat ion s of the region during t he successive broadly-defined Middle Archaic t hrough historic Cherokee phases . The data reflect changing settlement and subsistence patterns during the se periods . Study of the temp oral and spat ial distribut ion o f lithic material s illustrates signif icant shift s in the ut ilizat ion o f lithic resources . The se change s have been interpreted a s an adap t ive strategy directly related to the changing sett lement and subsistence pattern s . The problem o f the utilization o f t he summit z one and po ssible aboriginal influence in bald format ion is discu s sed .
TL;DR: In this paper, the authors considered the military activities exception in the settlement of disputes part of the Law of the Sea Conference's Informal Single Negotiating Text and found that although the exception, on its face, seems to favor naval powers, in practice it would not.
Abstract: This paper considers the military activities exception in the settlement of disputes part of the Law‐of‐the‐Sea Conference's Informal Single Negotiating Text. It notes that although the exception, on its face, seems to favor naval powers, in practice it would not. The emerging rules of the law of the sea are favorable to naval operations and it is more likely that the military activities exception would be used by coastal states resisting superpower naval activities. The military activities exception will remove activities from dispute settlement procedures which are almost certainly in need of peaceful resolution.
TL;DR: Onyango-Abuje et al. as discussed by the authors have revealed traces of an extensive Neolithic settlement dated to between the ninth and the fifth centuries b.c. Both the pottery and the pastoral economy of the inhabitants are closely similar to those represented at the contemporary site of Narosura near Narok.
Abstract: Summary Dr Onyango-Abuje is head of the Archaeology Department of the National Museums of Kenya, and part-time lecturer in Archaeology at the University of Nairobi. Excavations at Crescent Island in Lake Naivasha, Kenya, have revealed traces of an extensive Neolithic settlement dated to between the ninth and the fifth centuries b.c. Both the pottery and the pastoral economy of the inhabitants are closely similar to those represented at the contemporary site of Narosura near Narok.
TL;DR: In this paper, the Transmigration: Land Settlement or Regional Development? Bulletin of Indonesian Economic Studies: Vol. 13, No. 3, pp. 72-90, is discussed.
Abstract: (1977). Transmigration: Land Settlement or Regional Development? Bulletin of Indonesian Economic Studies: Vol. 13, No. 3, pp. 72-90.
Patent•
22 Jan 1977
TL;DR: In this paper, the record amounts of settlement in cards when renewing usance periods by providing a setting circuit to set amount corresponding to used cumulative amounts of cards as credit grants for the next usance period.
Abstract: PURPOSE:Record amounts of settlement in cards when renewing usance periods by providing a setting circuit to set amount corresponding to used cumulative amounts of cards as credit grants for the next usance period.
TL;DR: The Third United Nations Conference on the Law of the Sea: the 1976 New York Sessions in this issue of the Journal, supra p. 247 as discussed by the authors was the first time the RSNT was published.
Abstract: 'UN Doc. A/CoNF.62/Rev.2, Part IV, Nov. 23, 1976 (hereinafter cited as RSNT, Part IV). 2 As distinguished from Parts I, II, and III which were prepared by the Chairman of each of the Main Committees of the Law of the Sea Conference, Part IV on Settlement of Disputes was produced by the President of the Conference. Parts I, II, and III of the RSNT appear as UN Doc. A/CoNF.62/WP.8/Rev.l, May 6, 1976. This document, as well as an earlier version of Part IV (UN Doc. A/CoNF.62/WP.9/Rev.l, May 6, 1976) can be found in 5 THIRD UN CONFERENCE ON THE LAW OF THE SEA, OFF. REC, Fourth Session, New York, 15 March-7 May 1976 (hereinafter cited as 5 LOS OFF. R E C ) . See also 15 ILM 61 (1976). For further discussion on the RSNT, see B. H. Oxman, The Third United Nations Conference on the Law of the Sea: the 1976 New York Sessions in this issue of the Journal, supra p. 247.
TL;DR: The Marcona settlement has been characterized by the U.S. Government as providing, when fully implemented, prompt, adequate, and effective compensation through a package, a combination of cash and long term sales relationship as mentioned in this paper.
Abstract: On September 22, 1976, the United States and the Government of Peru signed an agreement resolving the nationalization of the Marcona Mining Company’s Peruvian branch. The settlement, the intergovernmental negotiations leading up to it, and the expropriation itself are of more than passing interest. The settlement has been characterized by the U.S. Government as providing, when fully implemented, prompt, adequate, and effective compensation through a package—a combination of cash and long term sales relationship—which represents a relatively beneficial arrangement economically and politically for the Government of Peru. These arrangements were the more remarkable for having been concluded with a leading Third World country that has a long history of nationalization of foreign investment. In light of the frequency of expropriations of American-owned property abroad, and of the fact that in one or more ways such expropriations involve issues of the public interest as well as those of private U.S. companies, the Marcona settlement has implications for the handling of other investment disputes.
TL;DR: A synthesis and extension of the general answers that have been offered to three questions: How has the distribution of settlement in Australia been determined? Why do the majority of people live in the capital cities? Why is Australia so highly urbanized? Most of the material discussed here concentrates either on the limits to settlement imposed by the physical environment or on the relationship between settlement evolution and economic and social processes as discussed by the authors.
Abstract: C APITAL city dominance has been the outstanding feature of Australian urbanization since the middle of the nineteenth century. The proportion of the country's population living in the state capitals has increased almost without interruption and reached 63 percent in 1971. Although the urban pattern is simple, the theories proposed to explain it appear to conflict, partly because they have been developed without reference to one another. Yet many of the difficulties can be resolved by determining the time period to which each theory is most relevant. In this paper I undertake a synthesis and extension of the general answers that have been offered to three questions: How has the distribution of settlement in Australia been determined? Why do the majority of people live in the capital cities? Why is Australia so highly urbanized? Most of the material discussed here concentrates either on the limits to settlement imposed by the physical environment or on the relationship between settlement evolution and economic and social processes.
01 Jan 1977
TL;DR: In this article, a number of traditional approaches to urban systems are critically evaluated, and more recent contributions with respect to hierarchical diffusion models and the relationship between business organization and spatial organization are examined.
Abstract: Regional and urban policies always have consequences for the whole of the national territory, whether or not they were intended to do so. Thus policy makers should have a reasonably good grasp of the structure of human settlement systems and of the nature of the processes that underlie evolving settlement patterns.
A number of traditional approaches to urban systems are critically evaluated, and more recent contributions with respect to hierarchical diffusion models and the relationship between business organization and spatial organization are examined. Then recent changes in actual human settlements patterns in developed countries are discussed in some detail. It is argued that although various theories have provided partial insights into these processes, none has proven adequate. The concluding section outlines an analytic framework for improving policy-related research on settlement system development processes.
Journal Article•
TL;DR: Schiffer's comments on Dalton settlement patterns in the November 1975 issue of the Plains Anthropologist neglects important environmental considerations, references a questionable factor analysis, and references questionable factors as discussed by the authors.
Abstract: Schiffer’s comments on Dalton settlement patterns in the November 1975 issue of the Plains Anthropologist neglects important environmental considerations, references a questionable factor analysis,...