Conflict within and between social groups is a conspicuous feature of cooperative animal societies. Theoretical and empirical research aims to understand the role of within- and between-group conflict in the evolution of cooperative behaviour, but these forms of conflict are rarely studied together. Eviction as a means of within-group conflict resolution can have important implications for the individuals involved, and the wider population through effects on dispersal, gene flow, and population structure. Intergroup conflict, although prevalent in many social species, is relatively understudied outside of humans and chimpanzees, but could play an important role in the evolution of cooperative behaviours. However, currently there is a lack of understanding of the causes and consequences of within- and between-group conflict to be able to draw conclusions on theoretical links to their role in social evolution. In this thesis, I use a wild population of banded mongooses, Mungos mungo, to investigate the causes and consequences of eviction and intergroup conflict in a highly cooperative species. First, I show that eviction in banded mongooses is triggered by reproductive competition in both sexes (Chapter 2). Second, I find that, once the decision to evict has been made, younger females and those older, more closely related females are preferentially evicted (Chapter 3). This surprising result is explained by a theoretical model which shows that, where individuals are capable of resisting eviction, the usual prediction of positive kin discrimination can be reversed. Third, I show that eviction has demographic effects, with consequences for group size and recruitment (Chapter 4). Finally, I show that intergroup conflict is stimulated by intensified resource competition, and that the consequences of intergroup conflict can have measureable costs to both individuals and groups in the long- and short-term (Chapter 5). This work shows that the means of resolving within-group conflict at an individual level can resonate to affect demography and dynamics at higher levels, and that the nature and intensity of intergroup conflict has the potential to influence patterns of cooperation and conflict within groups. I suggest that within- and between-group conflict may often be intimately linked, and that recognising this link could help to advance our conceptual understanding of their role in the evolution of cooperative behaviour.

Thesis (LLM (Public Law))--University of Stellenbosch, 2010. / Bibliography / ENGLISH ABSTRACT:The objective of this thesis is to establish whether the notion of public nuisance has a legitimate purpose in post-apartheid South African. Public nuisance originated in English law in the 12th century as a tort-based crime called tort against land and was used to protect the Crown against infringements. This special remedy of the Crown was used in cases of unlawful obstruction of public highways and rivers, damage or injury causing an inconvenience to a class or all of her majesty‟s subjects and a selection of other crimes. The notion of public nuisance was adopted in South African law during the late 19th century. Between its inception and 1943, the notion of public nuisance was applied in line with its original aims, namely to protect and preserve the health, safety and morals of the public at large. Public nuisance regulated unreasonable interferences such as smoke, noise, violence, litter and blockage of roads which originated in a public space or land, as opposed to a private space or land. However, the public nuisance remedy was indirectly used, in a number of cases during the 1990s, by private individuals to apply for an interdict to evict occupiers of informal settlements. In so doing, these private individuals bypassed legislation regulating evictions and in the process disrupted or frustrated new housing developments, especially those provided for in land reform programmes. In fact, it was established that this indirect application of public nuisance is unconstitutional in terms of section 25(1) of the Constitution. Most of the public disturbances originally associated with the public nuisance doctrine are currently provided for in legislation. Since the remedy is now mainly provided for in legislation, the question is whether the doctrine of public nuisance as a Common Law remedy is still relevant in modern South African law. It was concluded, especially after an analysis of two cases during 2009 and 2010, that the notion of public nuisance only has a future in South African law if it is applied iv in the absence of statutory nuisance or any other legislation covering public nuisance offences and where it is not used as an alternative mechanism to evict occupiers. / AFRIKAANSE OPSOMMING: Die doel van die tesis is om vas te stel of publieke oorlas as gemeenregtelike remedie „n geldige doel in post-apartheid Suid-Afrika het. Die remedie bekend as publieke oorlas het ontstaan in 12de eeuse Engelse reg. Hierdie remedie het ontwikkel as „n delikteregtelike en kriminele remedie, met die doel om land wat aan die Kroon behoort te beskerm. Publieke oorlas het, onder andere, toepassing gevind waar daar onwettige obstruksie van publieke hoofweë en riviere was sowel as skade of nadeel wat vir die breë publiek ongerief sou veroorsaak. Ander misdade was ook gekenmerk as „n publieke oorlas. Publieke oorlas is teen die laat 19de eeu in die Suid-Afrikaanse regoorgeneem . Tussen die oorname van die remedie in die Suid-Afrikaanse reg en 1943 is die remedie van publieke oorlas toegepas in lyn met sy oorspronlike doelwitte, naamlik om optrede wat die gesondheid, veiligheid en moraliteit van die breë publiek in gedrang kon bring, te verhoed. Volgens sy oorspronklike doel reguleer publieke oorlas onredelike inmenging soos rook, geraas, geweld en obstruksie van paaie wat op publieke grond of „n publieke spasie ontstaan het. Die remedie van publieke oorlas is, in ‟n reeks sake gedurende die 1990‟s, deur privaat individue indirek gebruik om okkupeerders van informele nedersettings uit te sit. Sodoende het privaat individue die wetgewing wat spesiaal ontwerp is om uitsettings te reguleer vermy en in die proses nuwe behuisingsontwikkelinge ontwrig en gefrustreer, veral in gevalle waarvoor in grondhervormingsprogramme voorsiening gemaak word. Hierdie indirekte toepasing van publieke oorlas is ongrondwetlik omdat dit nie met artikel 25(1) van die Grondwet versoenbaar is nie. Die meerderheid van steurnisse wat gewoonlik met publieke oorlas geassosieer word, word tans deur wetgewing gereguleer. Aangesien die remedie nou hoofsaaklik in wetgewing vervat is, ontstaan die vraag of die leerstuk van publieke oorlas as „n gemeenregtelike remedie nog van enige nut is in die moderne Suid-Afrikaanse reg. vi Die slotsom, veral na die analise van twee sake in 2009 en 2010, was dat die publieke oorlas remedie slegs „n toekoms in Suid-Afrikaanse reg het, indien dit toegepas word in die afwesigheid van statutêre oorlas of enige ander wetgewing wat publieke oorlas oortredinge dek en waar dit nie as „n alternatiewe meganisme gebruik word om okkupeerders uit te sit nie. / National Research Fund

The rapid increase of content delivery over the Internet has lead to the proliferation of content distribution networks (CDNs). Management of CDNs requires algorithms for request routing, content placement, and eviction in such a way that user delays are small. Our objective in this work is to design feasible algorithms that solve this trio of problems. We abstract the system of front-end source nodes and back-end caches of the CDN in the likeness of the input and output nodes of a switch. In this model, queues of requests for different pieces of content build up at the source nodes, which route these requests to a cache that contains the content. For each request that is routed to a cache, a corresponding data file is transmitted back to the source across links of finite capacity. Caches are of finite size, and the content of the caches can be refreshed periodically. A requested but missing item is fetched to the cache from the media vault of the CDN. In case of a lack of adequate space at the cache, an existing, unrequested item may be evicted from the cache in order to accommodate a new item. Every such cache refresh or media vault access incurs a finite cost. Hence the refresh periodicity allowed to the system represents our system cost. In order to obtain small user delays, our algorithms must consider the lengths of the request queues that build up at the nodes. Stable policies ensure the finiteness of the request queues, while good polices also lead to short queue lengths. We first design a throughput-optimal algorithm that solves the routing-placement eviction problem using instantaneous system state information. The design yields insight into the impact of different cache refresh and eviction policies on queue length. We use this and construct throughput optimal algorithms that engender short queue lengths. We then propose a regime of algorithms which remedies the inherent problem of wastage of capacity. We also develop heuristic variants, and we study their performance. We illustrate the potential of our approach and validate all our claims and results through simulations on different CDN topologies.

Magister Legum - LLM / This thesis set out to determine the degree to which the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act is in line with the objectives of South Africa's land reform policy with regard to the promotion of access to land and security of tenure, and to determine to which extent the Act has contributed to land reform. South Africa's history of denial of land rights by dispossession and forced removals made the regulation of evictions imperative. Before this, black people had no recource when they were forced off land that they occupied, or even owned, for decades. The purpose of the Act is "to provide for the prohibition of unlawful eviction; to provide for procedures for the eviction of unlawful occuiers; and to repeal the Prevention of Illegal Squatting Act 52 of 1951". / South Africa

En droit français, l’inamovibilité est traditionnellement conçue comme une garantie d’indépendance statutaire attribuée au magistrat du siège de l’ordre judiciaire, afin de le protéger contre le risque d’éviction arbitraire par le Pouvoir politique. Elle est ainsi supposée faire bénéficier le magistrat d’une protection exorbitante par rapport au droit commun de la fonction publique. Déjà considérée comme un « antique et tutélaire principe » au milieu du XIXe siècle, cette garantie a traversé le temps et les régimes politiques, depuis l’époque médiévale jusqu’à aujourd’hui. Erigée en Loi fondamentale du royaume à la veille de la Révolution, elle a été reprise et consacrée par la presque totalité des Constitutions qui se sont succédées depuis 1791. Mais alors qu’elle semble offrir l’image d’un modèle de garantie susceptible d’inspirer le statut d’autres catégories d’agents publics, l’inamovibilité est de manière paradoxale, souvent décrite comme un « mythe ». La présente étude se donne dès lors pour objet de lever cette contradiction, en revenant de manière approfondie et comparative sur la condition et la finalité d’une garantie d’éviction, dont la particularité est d’être étroitement liée à la mission régalienne consistant à rendre la justice. / In French Law, irremovability is traditionally seen as a statutory guarantee of judicial judges’ independence that protects them from being arbitrary evicted by the Political power. Irremovability is then said to be a dispensatory status if compared to public servants normal one. Defined as an « ancient and tutelary principle » at the middle of the 19th Century, this guarantee ran through the ages and the political regimes from medieval times to today. Irremovability of judges was made a Kingdom’s fundamental Law just before the Revolution, and almost every constitution adopted since 1791 has made it a constitutionally sanctioned rule. In the meantime, whereas it could have been seen as a template for other civil servants legal status, irremovability of judges is, paradoxically enough, often described as a « myth ». This study’s aim is thus to solve this contradiction. It offers an in-depth and comparative analysis of the condition and goal of this legal guarantee against eviction – which distinctive feature is to be closely linked with one of the State’s main function: to administer Justice.

Thesis (MDev.) -- University of Limpopo, 2016 / The purpose of this study was to assess the socio-economic effects of farm evictions in Mogale City Local Municipality, Gauteng Province. Most of the land owners do not adhere to the legislations which govern evictions in general and to the Extension of Security of Tenure Act which governs farm eviction on specific. The key objectives of the study were to identify the socio-economic effects of farm evictions and to analyse how the affected communities responded to the phenomenon of evictions. The key questions were what are the socio-economic effects do eviction have on farm dwellers and how have the affected communities responded to the phenomenon of eviction. The literature revealed that evictions around the world started decades ago and to date are still happening. In Zimbabwe, evictions were initiated by white farmers as a way of redressing the imbalance of the land ownership; in China evictions are mainly caused by rapid population growth and expansion of cities, in Namibia, Germans expropriated land and forcefully removed original owners of such land. Since independence, Namibia has no legislation governing evictions and this pose a thread of tenure insecurity. Although South Africa has legislations which govern the evictions, evictions are still taking place and mostly initiated by white land owners. The quantitative survey study was conducted to determine the distribution of socio-economic variables before and after the eviction. The primary data was collected, using semi-structured questionnaires which the interviewer administered to the evicted households. The findings revealed that electricity supply, garbage collection, personal care, household income, access to health facilities are negatively affected and the condition of the households deteriorated after the eviction. The main recommendation on the basis of the findings is that the MCLM, DRDLR and NDHS should adhere to the principles outlined in the article 25(1) of the United Nations Universal Declaration of Human Rights 1948. This would reduce the negative impact of evictions.

Domestic Violence is a pervasive social evil which must be combated with every means possible. To this end, the legislator enacted the Domestic Violence Act, 116 of 1998 (hereafter referred to as the DVA) to provide for a fast and accessible process by which the victims of domestic abuse can obtain an interdict to protect themselves against further acts of violence. Section 7(1)(c) of the DVA allows for a court, when considering an application made for a protection order in terms of the Act, to make an order prohibiting the Respondent from entering the shared residence of the Applicant and Respondent. Section 7(1)(d) allows for a court, when considering an application as mentioned, to make an order prohibiting the Respondent from entering any specific part of the shared residence. It is argued that the orders provided for in sections 7(1)(c) and (d) amounts, de facto, to an order that evicts the Respondent from the shared residence. Evictions are a traumatic procedure for the person(s) concerned, and endangers a large variety of human rights. It should therefore be approached with extreme caution to ensure that no person’s fundamental rights are infringed. Section 26(3) of the Constitution of the Republic of South Africa, 1996 (hereafter referred to as the Constitution) determines that no person(s) may be evicted from their home without a valid order of court, which order should be granted only after taking into consideration all the relevant circumstances. Specific pieces of legislation have been enacted to regulate the eviction process, prescribing specific procedures and setting requirements for a legal eviction. When an order is given in terms of section 7(1)(c) of the DVA, these procedures are not followed and the requirements are not met, resulting in illegal evictions. These orders may further infringe upon certain fundamental rights of the Respondent, such as the constitutional property rights set out in section 25, and the right of access to the courts. The concerned sections of the DVA can be justified under section 36 of the Constitution. However, it is argued that the DVA is in practice frequently misused by applicants, to such an extent that it becomes a tool of abuse, defying the whole purpose of the Act and extreme caution should be used by presiding officers when considering applications for orders in terms of sections 7(1)(c) and (d) of the DVA. / LLM, North-West University, Potchefstroom Campus, 2015

Domestic Violence is a pervasive social evil which must be combated with every means possible. To this end, the legislator enacted the Domestic Violence Act, 116 of 1998 (hereafter referred to as the DVA) to provide for a fast and accessible process by which the victims of domestic abuse can obtain an interdict to protect themselves against further acts of violence. Section 7(1)(c) of the DVA allows for a court, when considering an application made for a protection order in terms of the Act, to make an order prohibiting the Respondent from entering the shared residence of the Applicant and Respondent. Section 7(1)(d) allows for a court, when considering an application as mentioned, to make an order prohibiting the Respondent from entering any specific part of the shared residence. It is argued that the orders provided for in sections 7(1)(c) and (d) amounts, de facto, to an order that evicts the Respondent from the shared residence. Evictions are a traumatic procedure for the person(s) concerned, and endangers a large variety of human rights. It should therefore be approached with extreme caution to ensure that no person’s fundamental rights are infringed. Section 26(3) of the Constitution of the Republic of South Africa, 1996 (hereafter referred to as the Constitution) determines that no person(s) may be evicted from their home without a valid order of court, which order should be granted only after taking into consideration all the relevant circumstances. Specific pieces of legislation have been enacted to regulate the eviction process, prescribing specific procedures and setting requirements for a legal eviction. When an order is given in terms of section 7(1)(c) of the DVA, these procedures are not followed and the requirements are not met, resulting in illegal evictions. These orders may further infringe upon certain fundamental rights of the Respondent, such as the constitutional property rights set out in section 25, and the right of access to the courts. The concerned sections of the DVA can be justified under section 36 of the Constitution. However, it is argued that the DVA is in practice frequently misused by applicants, to such an extent that it becomes a tool of abuse, defying the whole purpose of the Act and extreme caution should be used by presiding officers when considering applications for orders in terms of sections 7(1)(c) and (d) of the DVA. / LLM, North-West University, Potchefstroom Campus, 2015

Nessa dissertação tratamos da formação das primeiras favelas paulistanas e em especial da favela do Vergueiro (~1949-1969), como particularidade de um estudo sobre a constituição do capitalismo no Brasil em seu momento desenvolvimentista. Tomando o capitalismo como uma socialização crítica, considera-se a realização da acumulação como momento conceitual que nega a si mesmo, expresso pelo movimento de expulsão da fonte originadora do capital - o trabalho - através do desenvolvimento das forças produtivas. No Brasil, teria se dado uma industrialização sem ruptura completa da forma social, refletindo-se num processo posto em grande parte pelas necessidades de venda de mercadorias do departamento de bens de capital global. A periferia capitalista se expressaria por uma formação negativa do trabalho, expropriando trabalhadores/as e forçando sua mobilização para o trabalho, sem sua necessária incorporação como polo negativo do capital. Sem dispor de base de valorização produtiva, muitos investimentos capitalistas concentram-se na propriedade da terra através do mercado imobiliário, expresso na retenção de terras na cidade de São Paulo. No período analisado - meados de 1930 a 1970 - as favelas não eram tão significativas comparativamente à magnitude que o fenômeno viria a assumir a partir dos anos 1970; entretanto, são igualmente representativas das particularidades das contradições postas pela modernização brasileira. A contradição entre expropriação, industrialização periférica e mercado imobiliário culminaria na profusão de favelas, identificando a princípio o próprio Estado como agente formador de favelas, vindo o processo a assumir maior expressão face aos movimentos migratórios e dificuldades do acesso à terra para moradia. Por último, analisamos as políticas de desfavelamento, aqui entendidas como formadoras para o trabalho e para garantir a liberação da propriedade privada. / The object of this dissertation is the Vergueiro favela (shantytown), ~1949-1969, one among the first of São Paulo\'s favelas. At the time covered by the study, they had not yet grown to their later large sizes, but they are nevertheless representatives of the phenomena yilding from Brazilian modernisation. Capitalism is taken as critical socialisation, whose conceptual carrying out is its own negation, expressed by the eviction of capital\'s originating source (labour) by means of the development of the productive forces. Industrialisation in Brazil has taken place largely as posed by the need for the sale of goods from the global capital assets department. The periphery of capitalism is expressed by the negative formation of labour, expropriating workers and forcing their mobilisation, without its incorporation as the negative pole of capital. As a basis of productive valorisation was unavailable, many capitalist investments concentrated in land tenure within the real estate market, expressed by the holding of land in the city of São Paulo. The contradiction between expropriation, peripheral industrialisation and real estate market culminated in the profusion of favelas throughout the city. Such favelas had to face removal policies (defavelisation) aiming at the formation of labour and the liberation of private property.

A chamada regra do usus auctoritas, presente na Lei das XII tábuas, é apontada, desde Cujácio (séc. XVI), e daí em diante por muitos juristas, como sendo uma antiga norma sobre a garantia do vendedor por meio de negócio formal, mancipatio em caso de evicção; o próprio sentido do vocábulo auctoritas seria «garantia», ou mesmo «dever de prestar garantia», neste caso particular inseparável da mancipatio. Mas o fragmento que traz essa regra USUS AUCTORITAS FUNDI BIENNIUM EST[O] nos foi transmitido por Cícero e (embora de forma já interpretada) Gaio; e estes a consideram uma espécie de antiga norma a respeito do usucapião (inicialmente apenas de imóveis). Outros juristas antigos e contemporâneos seguiram, em parte, essa interpretação original. O trabalho pretende trazer novos argumentos em favor dessa exegese natural de Cícero e Gaio no sentido de que a dita regra versa sobre usucapião, mais especificamente sobre uma sua forma arcaica e bastante peculiar. Investiga-se o surgimento da propriedade imobiliária em Roma e suas peculiaridades: o sistema augural, quase religioso, de limitação do solo destinado, no início, a todo cidadão romano, conferido por meio de atos de adsignatio (concessão) pelo «estado» em formação, que detinha a auctoritas ou poder; a passagem da soberania das gentes pré-romanas aos Quirites; a gradual privatização a atribuição dessa auctoritas coletiva e diretamente quiritária ao proprietário dessas parcelas de terra e a fragmentação do solo pelo direito privado regulado pela Lei das XII tábuas, que confere autonomia (a auctoritas ou título) aos indíviduos e suas famílias. Acrescenta-se uma breve análise lógica da regra e uma tentativa de a inserir no esquema geral do usucapião moderno. / The usus auctoritas rule from the Twelve Tables was conceived by Jacques Cujas (16th century AD), and many authors thereafter, as an ancient norm that established a warranty against eviction granted by the seller when transferring the ownership of the thing to the buyer through the performance of mancipatio. According to this view, the very word auctoritas is taken to mean warranty, or else to imply an obligation to give warranty, and is intrinsically associated with mancipatio. But the fragment of the sources that state this rule USUS AUCTORITAS FUNDI BIENNIUM EST[O] were brough to us by Cicero and Gaius (the latter in the form of an interpretation of the norm), and both consider it to be an ancient Roman disposition that originally dealt with usucaption of immovable property only. To a certain extent, various ancient and modern jurists accept the latter interpretation. The object of this thesis is to provide new arguments to support the more natural interpretation adopted by Cicero and Gaius, i.e., that the rule in question deals specifically with an archaic and peculiar form of usucapio. The present work analyzes the emergence of private ownership of immovable property in Rome and its peculiarities: the quasi-religious augural system of land apportionment adopted by the fledging Roman state to assign a lot of land to every Roman citizen through the performance of acts of adsignatio (allotment); the sovereignty transferred by the pre-Roman gentes to the Quirites; the process by which land plots were gradually privatized and landowners acquired this once collective and quiritarian auctoritas, and the resulting land apportionment caused by the application of rules of private law based on the Twelve Tables conferring autonomy (auctoritas or title) to individuals and their families. In the final lines, an attempt is made to provide a logical analysis of the rule and to place it within the general conceptual framework of modern usucaption.