L ’habitat de Krisa, fouillé en 1935‑36, a livré d’importants vestiges de l’âge du Bronze. Le réexamen du site et du mobilier a pour but de revoir l’accessibilité de l’éperon rocheux, de redater les dépôts céramiques découverts dans les bâtiments et les tombes au sein de l’habitat, ainsi que de mettre à jour nos connaissances sur le corpus céramique. On démontre, entre autres, que la porte ouverte dans le mur de fortification se trouve plus à l’Est que l’emplacement indiqué jusqu’alors. (...) De plus, la phase HR I de l’habitat était plus importante que ce qui avait été supposé, alors que la phase HR II A demeure difficile à identifier. Par ailleurs, on souligne la présence récurrente de vases à boire et vaisselle de table dans le corpus céramique mycénienne. Enfin, on soutient que la majeure partie des céramiques à peinture mate et mycénienne examinées a certainement été produite régionalement. (shrink)

This article discusses two normative questions raised by cases of colonial settlement. First, is it sometimes wrong to migrate and settle in a previously inhabited land? If so, under what conditions? Second, should settler countries ever take steps to undo wrongful settlement, by enforcing repatriation and return? The article argues that it is wrong to settle in another country in cases where one comes with intent to colonize the population against their will, or one possesses an adequate territorial (...) base somewhere else, lacks an urgent interest in moving, and seeks to settle in a new place under conditions where settlement would severely harm the practices of prior occupants. It also argues for a presumption of repatriation and return in the first generation of wrongful settlement and holds that these remedies may be extended to second and higher generations in some – but not all – cases. (shrink)

In earlier articles, the author developed what is known as the "Supersession Thesis," asserting that historic injustice may be overtaken by changes in circumstances so that a situation that was unjust when it was brought about may coincide with what justice requires at a later time. The Supersession Thesis was developed initially as a tool for considering historic injustice suffered by indigenous peoples in the European settlement of countries like Australia, Canada, New Zealand, and the United States. In this (...) paper, the author explores the application of the Supersession Thesis to issues about the Palestinian right of return and also to Israeli settlements in the Occupied Territories. The paper argues that, while it is not unthinkable that the Supersession Thesis might eventually legitimize the settlements and undermine the Palestinian right of return, there is no guarantee that this will happen. The application of the Supersession Thesis does not depend on the passage of time, but on changes in circumstances that a theory of justice makes relevant. Many of the circumstances that make the Supersession Thesis relevant to the post-colonial situations described do not apply in the Israeli situation. Nevertheless, it is worth considering the possibility of applying the Supersession Thesis in this case, because it enables us to assess the merits of the Thesis more sharply in relation to injustice that is taking place now, as opposed to injustice that took place in the nineteenth century. (shrink)

The dispute settlement mechanism in FTAs is necessary as they provide means to settle disagreements on interpretation or compliance with treaty obligations. The dispute settlement mechanism help ease tensions among FTA parties and maintain healthy relationships among trading partners. Bashar H. Malkawi.

This article explores governance issues in an area of limited statehood characterized by the combination of state and indigenous institutions. This is done by adopting an institutional lens focusing on three factors—field structures, institutional logics, and actor agency—to analyze governance settlements. The results point to how complex governance settlements in areas of limited statehood hold together with a certain degree of alignment between institutional elements. However, as the field evolves, contestations and misalignments lead to changes in governance settlements. Analyzing these (...) transitions, this study identifies three key processes that have facilitated deeper state penetration in the field, namely, delocalization of field structures, hybridization of institutional logics, and diversification of actor agency. (shrink)

Hovevei Zion is a collective name for several societies established in Eastern Europe in the 19th century, advocating immigration to the land of Israel, settlement of the land and agricultural work. This article examines the religious approach of several prominent thinkers from among Hovevei Zion and the First Aliya, who shared the perception of farming and settling the land as having religious and even messianic meaning. It was clear to them that the Torah is the foundation of the Jewish (...) people's existence, however, to this they added another value - work. These thinkers strived to change the identity of the exilic Jew, who was occupied only with spiritual religious life and to reinstate the identity of the biblical Jew, who combined a spiritual and a material religious life. The article examines the approach of Hovevei Zion in light of the general rabbinic approach to redemption, settlement and agriculture and the social changes in 19th century Europe.CONTRIBUTION: This article contributes to the journal's multidisciplinary theological perspective, particularly the notion 'historical thought', which covers the textual and oral history and hermeneutical studies, narratives and philosophies behind the Abrahamic religions as expressed in the Hebrew Scriptures and the Rabbinic literature. (shrink)

In this paper, I consider the tutorial conversation in Higher Education. To focus the discussion I use the scenario of a tutorial conversation between a lecturer and a student. I begin by suggesting that the increasing emphasis placed on student satisfaction in certain Higher Education Institutions tends to focus the tutorial conversation towards a form of settlement that I then consider in light of Thoreau's Walden. To explore what other conversation might be possible, I turn to the philosophical writing (...) of Martin Buber. I discuss his ‘life of dialogue’ in relation to the distinction he draws between I and Thou and between I and It and to how Nancy Vansieleghem and Jan Masschelein analyse this in relation to the 2002 film, Le Fils. With reference to the film adaptation of Alan Bennett's The History Boys, I suggest a different starting point for the tutorial conversation. I conclude that the tutorial discussion, seen as an invitation to speak, and as a form of exposition and dialogue, is the possibility of the opening up of a new dimension of thinking and acting. This is the invitation to a conversation in education that is itself truly educative. (shrink)

In the article “Settlement on Lusignan Cyprus after the Latin Conquest: The Accounts of Cypriot and other Chronicles and the Wider Context” the narratives of various chronicles of the thirteenth to the sixteenth centuries on settlement in Cyprus in the years following the Latin conquest, from the end of the twelfth to the early thirteenth century, will be examined and compared. The details provided by the chronicles, where the information given derived from, the biases present in the various (...) accounts, the extent to which they are accurate, especially in cases where they are corroborated or refuted by documentary evidence, will all be discussed. The chronicles that will be referred to are the thirteenth century continuation of William of Tyre, that provides the fullest account of the settlement of Latin Christians and others on Cyprus after the Latin conquest, the fifteenth century chronicle of Leontios Makhairas, the anonymous chronicle of ‘Amadi’ that is probably dateable to the early sixteenth century although for the section on thirteenth century Cypriot history it draws on earlier sources and the later sixteenth century chronicle of Florio Bustron. Furthermore, the Chorogra a and the Description of Stephen de Lusignan, two chronicles postdating the conquest of Cyprus by the Ottoman Turks in 1570, will also be referred to on the subject of settlement in thirteenth century Cyprus. By way of comparison, the final part of the paper examined the extent to which the evidence of settlement in other Mediterranean lands derives chiefly from chronicles or from documentary sources. In conclusion, it can be stated that the various accounts of settlement on Cyprus following its cession to King Guy of Jerusalem in 1192 show differences in terms of the value of the fiefs, the geographical regions from which the settlers came and the types of properties which were granted to them. The Latin kingdom of Jerusalem resembles Cyprus in that the source material for early Latin settlement is narrative, not documentary. But this is not the case for the Venetian Crete and the Hospitaller Rhodes, where the source materials recording the arrival of the first Latin settlers are wholly documentary. (shrink)

The menace of conflicts and natural disasters in different states of the world had spiralled into a global phenomenon of Internally Displaced Persons. These are groups of humans who had helplessly drifted away from their natural and ancestral home due to conflicts and disasters but had not crossed international boundaries into another country. They merely take solace by the protection offered by the spirit and letters of relevant international laws which have domesticated by member states. This paper seeks to answer (...) the question regarding the extent to which the IDPs have become a menace in Nigeria. The paper reveals that many governments’ actions are the primary and the root cause of the IDPs while others are recipient of the domino effect. The paper relies on a panel data elicited from thirteen out of the thirty six states in Nigeria. The paper reveals the need for urgent measures by government to douse the upsurge in the number of IDPs. The political settlement analysis was used to proffer a better way of culminating the crises. Recommendations are directed to the individuals, civil societies and the government at all levels. (shrink)

The “Assyrian Century,” the period of Assyrian rule in the Levant, is usually regarded as an era of prosperity and economic progress. As far as the southern Levant is concerned, this reconstruction more or less reflects the reality on the southern edge of the region—in the areas of Philistia, Judah, and Edom. But what was the situation in the northern part of the country, in the territories of the former kingdom of Israel and adjacent territories, regions that had become Assyrian (...) provinces? It is the aim of this paper to scrutinize the archaeological data from these regions in order to shed light on the settlement and demographic reality in those provinces, and furthermore to reassess Assyrian policy in the west. After summarizing previous research, the article will present the available archaeological data, which will then be compared with that from the southern part of the country in order to enable a reexamination of the Assyrian empire’s policy in the west. (shrink)

In his canonical articles Against Settlement and The Forms of Justice, Owen Fiss argues that the erosion of civil litigation harms the deliberative process and the elucidation of public values in society. By revealing the hidden public dimension underlying not only public law litigation, but also the adjudication of private law disputes, Fiss’s argument can be conceptualized as posing a challenge to the public/ private distinction. At the same time, Fiss’s critique reinforces the public/private divide by placing settlement (...) and civil litigation on either side of the borderline. In this Article, we set out to dispel the prevalent depiction of settlement as inherently private, and to challenge the binary logic of the private/public distinction as it is understood to apply to settlement. We show how settlements have the capacity to fulfill each and every one of the public functions attributed to the civil trial, including the elaboration of norms, the discovery of facts, the facilitation of democratic participation, and the creation of public narratives. The functional, process-oriented approach we offer depicts settlement as a device that does not stand in opposition to the promotion of rule of law values - but rather as an institution that enhances the articulation of public norms. Our discussion progresses against the background of three settlement arenas: settlement in the classic civil suit context, structural reform suits, and transnational Holocaust litigation. (shrink)

The idea of the 'Australian settlement' has been normalized since its popularization by Paul Kelly into the Keating years. This essay responds further to existing discussion of the idea, including attempts to develop it by expanding its descriptive and analytic criteria. It argues for the pluralization of the idea of settlement, rather than for attempts to develop the 'Australian settlement' by adding further exhaustive detail. The real challenge, beyond the controversy, is the adequate specification of the conditions (...) of Australian modernity. Here the idea and institution of arbitration remains central. (shrink)

This chapter re-examines the evidence for local ecclesiastical and other burial sites in pre-Viking Ireland. It compares local churches and cemetery settlements in pre-Viking Ireland with those found in England and Wales. The chapter describes the density of the pre-Viking ecclesiastical sites in Ireland, church density and social structure in Anglo-Saxon England, and the local ecclesiastical sites in Cornwall and Wales.

In a recently published article I have suggested an amendment of the textual crux in Suetonius, Tiberius 21. 4 and an interpretation of the passage as providing direct evidence that the arrangement of the marriages of Germanicus and the younger Drusus was integral to Augustus' settlement of 26 June a.d. 4, even if they were not celebrated until early 5. This view differs from the more usual assumption that while the marriages took place in 5, the date of their (...) arrangement was not particularly significant, or from the possibility implied by Levick that Germanicus' marriage may have been arranged to placate the ‘faction’ of the elder Julia after the consolidation in 4 of the position of Livia's descendants. The more precise hypothesis that the marriages were intended as part of the settlement may help us to bring into sharper focus some of the political events of the next few years, and this article attempts to do so; in particular it looks at the internal balance of the settlement; the anomalous separate adoption of Agrippa Postumus; and the decline and fall of Agrippa Postumus and the younger Julia. First, however, some further observations on the hypothesis in my earlier article. (shrink)

How are ownership relationships distributed in the geographical space? Is physical proximity a significant factor in investment decisions? What is the impact of the capital city? How can the structure of investment patterns characterize the attractiveness and development of economic regions? To explore these issues, we analyze the network of company ownership in Hungary and determine how are connections are distributed in geographical space. Based on the calculation of the internal and external linking probabilities, we propose several measures to evaluate (...) the attractiveness of towns and geographic regions. Community detection based on several null models indicates that modules of the network coincide with administrative regions, in which Budapest is the absolute centre, and where county centres function as hubs. Gravity model-based modularity analysis highlights that, besides the strong attraction of Budapest, geographical distance has a significant influence over the frequency of connections and the target nodes play the most significant role in link formation, which confirms that the analysis of the directed company-ownership network gives a good indication of regional attractiveness. (shrink)

The Sundarban forest in southern Bengal was for many centuries a frontier zone—an economic frontier for communities of wet rice farmers who brought with them technologies and forms of social organization from points further to the west; a political frontier for large centralized states expanding from North India; and a cultural frontier for the worldwide community of Muslims. This paper investigates the forces that, between the thirteenth and eighteenth centuries, lay behind the transformation of Bengal's natural forest into rice paddy, (...) a transformation that was accompanied by conversion to Islam, state formation, and the evolution of new land tenures. (shrink)

This paper examines the settlement movement (a social reform movement during the Progressive Era, roughly 1890–1920) in order to illustrate what pragmatism is and is not. In 1906, Mary Kingsbury Simkhovitch proposed an analysis of settlement house methods. Because of her emphasis on interpretation and action, and because of the nature of the settlement movement as a social reform effort with vitally important consequences for everyone involved, it might be thought that her analysis would be pragmatist in (...) character. This paper shows that her analysis is empiricist, not pragmatist, and offers an alternative pragmatist sketch of settlement house methodology. (shrink)

Collective labour disputes are inevitably related to the institutes of a dispute, since the employees and employers often fail to reach a consensus on a particular issue. Moreover, the employers do not always follow the agreed terms and conditions of the collective agreement. In order to disclose the problems of the settlement of collective labour disputes in Lithuania, it is necessary to analyse the conception and classification of the institutes of dispute, distinguishing the conception of collective labour disputes, the (...) procedure of settlement of such disputes, and possible methods of settlement with the emphasis on the institutes of a strike. This article also seeks to reveal the peculiarities of the cases that settle individual labour disputes, the subject of which at least partially includes the provisions of the collective agreement, and collective labour disputes regarding the legality of strike. (shrink)

The Perestroika movement recently reopened longstanding debates about the scholarly and political implications of orienting political science research around a scientific ideal derived from the natural sciences. Many Perestroikans, like earlier critics of “naturalized” political science, turned to ontology, opposing the political world to the natural world to espouse what I call a two-sciences settlement: a separate-but-equal arrangement in which political science and natural science would each operate according to distinct methodological imperatives dictated by their distinctive objects. In this (...) article, I critically appraise this divided settlement and the two-worlds ontology that underwrites it. I recover an alternative, less dualistic vision of politics and nature from Giambattisa Vico, challenging received views of him as an early architect of the two-sciences settlement. Vico’s vision of ontological hybridity, I argue, offers more robust support to the Perestroikan goals of methodological pluralism and political engagement than the two-worlds ontology Perestroikans often invoked. (shrink)

Regulators have recently relaxed some provisions of the Global Research Analyst Settlement of 2003 and associated reforms, which arose from charges that conflicts of interest within investment banks had induced the issuance of fraudulent or otherwise misleading analyst research reports. We examine the effectiveness of the Global Settlement in reducing the systematic optimism observed in stock recommendations of analysts whose employer is a merger and acquisition advisor for the covered firm, by comparing the optimism exhibited in stock recommendations (...) issued by these analysts and by unaffiliated analysts before and after the Global Settlement. To control for the impact on analyst optimism of other time varying factors, our sample includes cases from the US and from other countries in which the Global Settlement had no direct impact. We argue that if the Global Settlement was effective, there should be a reduction in the relative optimism of affiliated analysts following this reform, and that reduction in the relative optimism should be greater for affiliated US analysts, than for affiliated analysts from non-US countries. When optimism is measured over a 180-day period surrounding the M&A announcement, we find a significantly greater reduction in US affiliated analysts’ optimism than occurs outside the US. However, evidence regarding analysts’ optimism in the 90-day period prior to the announcement of an M&A deal is mixed. (shrink)

This article is concerned with how the idea of anachronism can interfere with our thinking about social justice, peace, and human liberation. In the case of Israel/Palestine the idea of anachronism is deployed among liberals, progressives and radical theorists, and activists seeking peace and social justice who express animosity toward religiously motivated settlers and their settlement project. One of the ways in which they differentiate themselves from these settlers is by suggesting that settler actions belong to the past. They (...) also pity Palestinians conceived of as stuck in an oppressive system of settler colonialism that also belongs to the past, preventing them from moving forward. Both perceptions of anachronism limit the ways we can think about human liberation and peace. This article sheds light on a conundrum about who or what belongs to the past, and how thinking in such terms can contribute to the production of a particular moral collective and to the production of enmity. Both perceptions of anachronism frame history as a kind of progress in which peoples or groups might be ranked according to their levels of civilizational attainment, an idea we abandoned long ago as an analytical tool, but seem to have retained as a matter of practical political sympathy and judgment. This temporal conditioning can interfere with the thinking of even some of the most progressive social theorists, and mimics a colonial impulse. (shrink)

Normative theorists of migration are beginning to shift their focus away from an earlier obsession with whether the ‘liberal' or ‘legitimate’ state should have a right to exclude, and toward evaluation of how states engage in immigration control. However, with some notable exceptions – such as work of Rebecca Buxton, David Owen, Serena Parekh, and Alex Sager – this work tends not to focus on the global coordination of such control, and is still largely concerned with issues of membership. In (...) this paper I aim to show the value of shifting normative attention to the fundamentally interdependent nature of state control of migration, and the management of all forms of movement – not just settlement. This global management is greatly facilitated by the rapid digitisation of border controls. As such, I outline three aspects of the way digital border controls work – profiling, biometric identification, and the data sharing practices upon which they rest – and highlight ethical challenges of accountability, consent and the reach of the state, and entrenching global inequalities in access to movement. Ultimately, I hope to show that the globally interconnected nature of migration management is a combination of practices that normative theorists of migration should turn their attention to. (shrink)

In August 2005, the Competitive Enterprise Institute , a conservative advocacy organization, filed a lawsuit in Louisiana challenging the legality of the 1998 Master Settlement Agreement . The suit alleges that the MSA, under which the states receive monetary payments and the four major tobacco companies are insulated from price competition, violates the Compact Clause and other provisions of the U.S. Constitution. This lawsuit threatens to unravel of one of the most significant opportunities to improve public health in United (...) States history. We consider the merits of the lawsuit, the problems with the MSA that it highlights, and the potential consequences of the suit for public health. (shrink)

In August 2005, the Competitive Enterprise Institute, a conservative “think tank” and advocacy organization, filed a lawsuit in the Federal District Court for the Western District of Louisiana against the Louisiana Attorney General challenging the legality of the 1998 Master Settlement Agreement. If successful, this lawsuit could lead to the unraveling of one of the most significant opportunities to improve public health in United States history.Under the MSA, forty-six states agreed to end their litigation against the four largest tobacco (...) companies in the United States, who in turn agreed to pay the states an estimated $206 billion. The CEI alleges that the MSA is unconstitutional. Specifically, the suit alleges that the MSA established a cartel under which the states receive monetary payments and the four major tobacco companies are insulated from price competition – and that this arrangement violates the Compact Clause of the U.S. Constitution. (shrink)

This Article explores settlement incentives under three different burden of proof rules. The conventional burden of proof is a discontinuous step-function, jumping from no damages to full damages at the 0.5 jury confidence level. Continuous burdens of proof, by contrast, would permit sanctions to steadily increase as juror confidence rises from 0 to 1, with no discontinuity. Linear burdens, which have received extensive attention in prior literature, escalate sanctions steadily across the whole range of confidence levels, while the logistic (...) burden takes a nonlinear form. Using a data simulation approach guided by the empirical realities of American civil litigation, I consider the incentives that each of these rules creates for parties contemplating settlement, using a model in which parties make divergent forecasts of their expected outcomes at trial due to optimism bias. Based on this analysis, I conclude that a linear burden would likely raise our settlement rate by a modest amount, except in very large cases and in “easy” cases, in which an unbiased person would predict that a trial factfinder would have a level of confidence in liability quite close to either zero or one. I also compare the expected error rate of the settlements that each rule produces, and find that the linear rule modestly lowers the expected error rate of settlement overall, although this benefit does not hold for easy cases or those with very high damages. Lastly, I conduct a similar analysis for the logistic burden, finding that it induces a similar quality and quantity of settlements as we currently achieve using conventional burdens. (shrink)