Wealth stratification and reproduction in Northeast China, 1866–1907

Although the importance of material wealth to population growth is the core of Malthusian theory about population dynamics in pre-transitional societies, our understanding of the relationship between wealth and reproductive success in China is still limited. Until recently, there was little in the way of relevant data. In the absence of empirical evidence to the contrary, conceptions of the Chinese demographic regime were largely Malthusian, in that they did not account for the possible role of a fertility-based preventive check. In this study, we examine wealth differentials in reproduction in historical rural China by using newly available longitudinal individual level demographic and household level land holding data for 108,100 immigrants and their descendants living in 120 villages in Shuangcheng, Northeast China, between 1866 and 1907. Our study demonstrates a positive correlation between land holding status and marital fertility among the population under study. In addition, there is also a clear pattern of fertility differentials according to household context and other measures of socioeconomic status. Our findings suggest that these fertility differentials are not only results of certain social institutions and customs but also the consequences of couple's behavior of fertility control in response to socioeconomic and other household conditions.     

The urban household in Russia and the Soviet Union, 1900–2000: Patterns of family formation in a turbulent century

Starting from census data on co-residence and household composition, the authors analyse principles of family organisation and family formation in twentieth-century urban Russia and the Soviet Union. The article uses an adapted version of the classification of households developed by Peter Laslett and Eugene Hammel to study variation in household structure for successive population censuses. Changes in this variation between cross-sections are explained with the help of additional quantitative and qualitative data and are linked to the fundamental demographic, social and economic shifts which took place in Russian society in the course of the twentieth century. The article finds a family system characterised by a tendency towards nuclear family formation, but incorporating a fairly stable element of household extension. Co-residence of three generations was both an answer to a perennial housing problem and offered important advantages in the sphere of childcare and care for the elderly. Variation and fluctuation in household structure are found to be most pronounced during the turbulent first half of the century. After a period of stability during the post-war decades of Soviet rule, post-Soviet transformations provoke new changes.     

Age and family structures among the Jews of Mitau, Kurland, 1833–1834

The article analyzes an 1834 listing of the Jewish inhabitants in the city of Mitau in the province of Kurland, one of the Baltic provinces (the other two were Estland and Livland) of the Russian Empire. From Catherine the Great's reign onward, the Jewish population of the Baltic provinces rose steadily throughout the 19th century, but microstudies of Jewish communities in the region are virtually nonexistent, especially for the first half of the century. The Mitau list shows that the Jewish population there was very young, with about 45% being in the age group 0–14. Age at first marriage for males was about 24 years, and for females 21. From about age 35, 93% of males and 97% of females were married. The mean size of the family group was 5.8 persons, and about a third of all families were either extended (containing unmarried relatives beyond the nuclear family) or multiple (more than one kin-linked conjugal family unit). Judging by kinship terms in the source, the kin system tilted toward patrilineality, as would be expected. These characteristics need to be compared to other Jewish communities before and after 1834—in the Baltic area and surrounding regions—but the paucity of local studies suggests that some time will pass before the Mitau findings can be placed in an adequate comparative framework.     

‘Yeah but,no but’ – Pinnock and Powell in the Supreme Court

This note considers the Supreme Court decisions in Manchester CC v Pinnock and Hounslow LBC v Powell. It is argued that there are a number of remaining outstanding questions around proportionality, including: deference; section 89, Housing Act 1980; procedural issues; ‘publicness’; and the future landscape.     

The End of Innocence: Open Justice,Free Speech and Privacy in the Modern Constitution – Khuja (formerly PNM) v Times Newspapers Limited

This case note explores the issue of open justice considered by Khuja (formerly PNM) v Times Newspapers Limited in the Supreme Court and argues that the current law is confused and incoherent. Far from settling the debate, it is suggested that the decision further undermines some of the key assumptions underpinning the current approach, especially in the light of the compelling and humane minority judgment. This leaves the area ripe for reconsideration in general terms. This note challenges many of the formulaic slogans and rhetoric in previous case law as well as suggesting that the meaning of open justice has been lost in current discourse. After summarising the facts, this note sets out the majority and minority judgments, before analysing some of the conceptual difficulties raised – particularly those of open justice, privacy, presumption of innocence and freedom of speech.     

清末民国检察文书的转型与司法现代化——基于司法档案的考察

清末以降的检察制度整体而言处在不断变革和进步之中,其文书的变化尤为明显,作为官方记录反映出司法现代化的进程。在检察制度建立之初,中国传统司法审判中最重要文书之一的批词被适用为主要的检察文书以为过渡,相应的起诉文书也初现雏形;南京国民政府时期,批词转变为近代化的规范文本,起诉书、上诉书现代化成型,其格式、内容也不断适应中央层面的现代化的改革需求,在短短二三十年间经历了从传统到现代的转型。然而形式上的检察文书快速转型与实际检察运作不一致的现象也凸显出近代中国在司法现代化过程中的根本性矛盾。     

Party Unity,Ideology, and Polarization in Primary Elections for the House of Representatives: 1956–2012

Increasing party polarization in Congress is a vexing phenomenon for political scientists, as it offers a theoretical conundrum. Members of Congress have become increasingly ideologically divided by party in recent years, which seems counterintuitive as the public electorally punishes representatives for excessive partisanship and ideological behavior. One explanation for this result is that members receive benefits for such behavior during primaries. This article examines the effect of ideological and partisan behavior on primary challenges and primary vote totals for incumbent House members. The results show that incumbents receive benefits in the primary from greater levels of partisanship but not greater levels of ideological extremity. This finding is substantively important as it provides further insight into the motivation of congressional incumbents and offers a partial explanation for the rise in congressional polarization.     

Infant mortality in town and countryside: northern Germany, ca. 1750–1850

The discussion still continues among researchers about the causes for the decline in infant mortality in widespread parts of Europe at the turn of the 19th century. This article is based on sources such as unpublished statistical material from Prussia, parish registers, and lineage and village genealogies. As these sources are broken down by town and countryside and into various phases of infant mortality, they provide evidence for further reflection that may be fruitful. Thus, several causes for the decrease in infant mortality and ways of diffusion can be excluded and the impact of others delimited. The present study concludes that research should pay more attention to changes in infant care than it usually does.     

Slavery,Partisanship, and Procedure in the U.S. House: The Gag Rule, 1836–1845

From the 24th through the 28th Congresses, the House of Representatives operated under versions of a “gag rule” that blocked petitions dealing with abolition and related matters. This article presents the gag rule as not only a historically important window into slavery deliberations in Congress but also a case study in majority party restrictions of minority rights—and in the boundaries that constituency politics can place on majority power. Through analysis of vote choices and voting changes over time, I demonstrate that the gag rule's partisan origins gave way as northern members voted against party and with specific constituency pressures as well as general sectional sentiment. The gag rule shows the power of electoral considerations and constituency in the early U.S. House, and it also illustrates the force that constituency can have over majority procedural maneuvering.     

Professionalizing Prison: Primitive Professionalization and the Administrative Defense of Eastern State Penitentiary, 1829–1879

This article describes the process of “primitive professionalization”—the efforts of a small set of actors to claim professional status before their field has professionalized. Using a case study of Eastern State Penitentiary (1829–1879), I examine the strategies by which one prison's administrators claimed status as professionals—those whose command of a specialized knowledge grants authority within their domain. Eastern's administrators deployed a series of evolving discursive strategies aimed at establishing themselves as professionals long before more formal, field‐wide efforts to professionalize criminal justice. These strategies allowed Eastern's administrators to establish their professional status without traditional status markers of national networks, college degrees, or special training, which emerged later. Beyond illustrating a new pathway to professionalization, examining criminal justice professionalization at this early stage illuminates the early prison's precarious position and the internecine warfare among actors competing to control its meaning.     

清末民初关于设立行政裁判所的争议

本文集中梳理了清末民初围绕设立行政裁判所所引起的长期争议:在晚清主要集中于传统的都察院与新式的行政审判院之关系,民初则主要围绕是选择参照西方的一元制还是二元制来建立我国的行政审判模式这个问题展开的。权力分立观念是行政诉讼之前提,行政诉讼则处于司法和行政两种权力边界之上,判定其性质究竟是以司法权为主还是以行政权为主的问题实际上才是争议存在的真正原因,也是近代中国选择行政法院设计模式的主要思想因素。     

Lord Mustill and the Courts of Tennis – Dallah v Pakistan in England,France and Utopia

This note analyses the reasoning of the English and French courts in Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan, in which an arbitral tribunal had accepted jurisdiction over the Government of Pakistan on the basis of an arbitration agreement concluded by a trust that was created, controlled, and then extinguished by the Government. It highlights the English courts' clarifications on the degree to which arbitral awards should benefit from the presumption of validity at the stage of enforcement and discusses how the cultural background of the English and French judges – and of the arbitrators – drove them to come to contradictory results. Moreover, it argues that both judges and arbitrators, owing to the way the parties framed their arguments, probably missed the proper solution of the case.     

“Friends as Foes: The Amicus Curiae Participation and Effectiveness of the American Civil Liberties Union and Americans for Effective Law Enforcement in Criminal Cases, 1969–1982”*

Scholars have long recognized that interest groups realize the importance of the courts as policymakers and as vehicles of social and political change. We examined the amicus curiae participation of the American Civil Liberties Union and Americans for Effective Law Enforcement in criminal cases before the Burger Court from 1969–1982. We found that AELE, a conservative law-enforcement organization, has been the most successful interest group as participant as amid. Moreover, we found that criminal law is yet another area of law in which interest groups are using the Supreme Court to achieve and protect their policy interests.     

Private Law Firms in the Public Interest: The Organizational and Institutional Determinants of Pro Bono Participation, 1994–2005

Despite longstanding concern that the commercialization of legal practice is antithetical to professionalism, corporate law firms have dramatically increased their pro bono participation over the past few decades. What explains this paradox? This article examines the organizational and institutional determinants of pro bono participation across an elite field of large law firms. I find that pro bono work is only partly rooted in internal organizational dynamics and that the institutional environment appears more important for explaining variation in pro bono participation. These findings indicate that large firms may be more drawn to pro bono work as a social process tied to professional status and legitimacy than to concrete, rational organizational goals. Moreover, these findings point to the importance of the interstitial space that these firms inhabit between the legal profession and corporate market as an especially important factor in facilitating, rather than dampening, pro bono participation.     

Domestic service and female domestic servants: A port-city comparison of Bremen and Liverpool, 1850–1914

The author analyzes the development of domestic service in Bremen and Liverpool as two examples of major commercial ports in the 19th century characterized by significant merchant wealth and casual, dock-related employment. The migration pattern and age structure of domestic servants are examined and key aspects of their employment history are explored in terms of residential location, length of service, and social background of their employers. Census data are used for both port cities (drawing, in particular on the relational database currently being constructed for the Liverpool Mercantile Project), together with the Bremen civil registers for marriages and deaths, and qualitative material, such as diaries and autobiographies from members of the merchant class. By developing an explicitly comparative analysis within the framework of an established typology the article provides a basis for assessing the extent to which the nature of domestic service in the two port cities, as well as the recruitment and retention of domestic servants, was determined by similarities in the growth of merchant wealth and culture or by distinct regional or national characteristics in the underlying pattern of urban migration.