Free and unfree labor in Qing China

Though internal migration in China during the Qing era (1644–1911) was mostly unrestricted, the government tightly controlled the movement of peasants who worked state lands in frontier regions and certain other locations. Such peasants accounted for 5–10% of China's population. In the state farms of northeast China, households could move legally only from one place to another within the system. Departure from the system was illegal. In this article, one of the first quantitative studies of migration in late imperial China, we apply discrete-time event-history methods to longitudinal, nominative household register data from six northeast Chinese state farm systems to compare how characteristics of the farm system, village, and household influenced the chances of legal moves and illegal departures. We show that among these state peasants, who were supposedly “unfree,” migration was not uncommon. We also show that the determinants of legal and illegal migration differed substantially. We conclude with a discussion of the implications of these findings for our understanding of migration processes in late imperial China.     

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.     

Job satisfaction among frontline police officers in China: the role of demographic,work-related,organizational and social factors

This study was intended to add to information about the underinvestigated policing studies in China. The possible impact of demographic characteristics, work-related variables, and organizational management and social variables on police job satisfaction was investigated. Data were collected through a self-report survey administered to a sample of sworn police officers training in a national police university in China (N?=?393). Results indicated that work-related characteristics associated with variety and stress, and organizational variables associated with professional development and peer cohesion were the most important predictors of job satisfaction in this sample of police officers.     

‘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.     

Evaluation of Non‐Natural Deaths among Veterans: New Mexico Medical Examiner‐Investigated Deaths, 2002–2011

While it is recognized that veterans have increased rates of depression, post‐traumatic stress disorder (PTSD), suicide, and substance use disorders, rates of homicide and unintentional injury deaths in veterans have been minimally investigated. We evaluated all non‐natural deaths in New Mexico veterans between 2002 and 2011 in comparison with non‐natural deaths among non‐veterans. We reviewed all decedents in New Mexico with a history of military service and investigated by the medical examiner, excluding natural deaths and deaths due to fall from standing height. The most common manner of death was unintentional injury (62%), most of these deaths due to motor vehicle accidents (29%) followed by unintentional overdose (26%). Suicide rates among veterans were consistently higher than the general population. The most common mechanism of suicide in men was gunshot wound (72%), and intentional overdose in women (49%). Services are needed for veterans that are tailored to all ages and both sexes.     

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。     

Plays,Performances and Power Struggles – Examining Copyright's ‘Integrity’ in the Field of Theatre

This article explores the notion of ‘integrity’ under copyright law by analysing examples of 'integrity‐based objections' in the field of theatre. These objections typically involve playwrights objecting to changes being made to their copyright works by other parties, such as directors and actors. This analysis is deepened by the use of two concepts from the field of art theory – ‘aura’, as put forward by Walter Benjamin, and ‘trajectory’, as outlined by Bruno Latour and Adam Lowe. Finally, to shed further light on the issues raised, the work of Pierre Bourdieu is used to present new empirical research recently undertaken by the author in the field of UK theatre. This research demonstrates that ‘power struggles’ are a common feature of theatrical collaboration; that copyright is deeply implicated in the way such power struggles are conceived; and moreover, that resolving these power struggles successfully – including taking account of ‘integrity‐based objections’ – is crucial to theatrical practice.     

‘On the Perimeter of the Lawful’: Enduring Illegality in the Irish Family Planning Movement, 1972–1985

Between 1935 and 1985, Irish law criminalized the sale and importation of condoms. Activists established illegal markets to challenge the law and alleviate its social consequences. They distributed condoms through postal services, shops, stalls, clinics, and machines. Though they largely operated in the open, their activities attracted little direct punishment from the state, and they were able to build a stable network of medical and commercial family planning services. We use 30 interviews conducted with former activists to explore this history. In doing so, we also examine the limits of ‘illegality’ in describing acts of everyday resistance to law, arguing that the boundaries between legal and illegal, in the discourses and practices of those who sought to challenge the state, were shifting and uncertain. In turn, we revisit ‘illegality’, characterizing it as an assemblage of varying selectively‐performed political practices, shaped by complex choreographies of negotiation between state and non‐state actors.     

中国古代判例法模式研究——以元清两朝为中心

中国古代判例法存在两种基本类型：成文法典下判例法与非成文法典下判例法。这两种类型的判例法存在不同的运作机制，但作为中国古代法律文化语境下的法律制度，两者亦有相同的地方。中国古代判例可以分为创制型判例、补充型判例和解释型判例；判例的作用可以分为作为判决的法律依据、作为法律适用的依据和作为新立法的依据三种；论证类型有严格类比推理与说理中高度伦理化说理两种；从适用特点上看有相应的逻辑体系，在适用时根据不同类型分别适用。     

Institutional Reform and Social Changes in Northeast China During the Late Qing: A Case Study of Appeal Trials

Institutional reform and social changes in northeast China during the late Qing period are usually attributed to the Qing dynasty changing its policy on immigration to northeast China. However, institutional reform because of debt appeals between civilian creditors and the Mongolian princes is often overlooked. Using administrative cases from Fengtian Governor Archives and Kirin Prefecture Archives, this study identifies how the governor officers of northeast China changed Mongolian land rights and official finance institutions through appeal judgments in the late Qing dynasty. Appeals were related to Mongolian land rights reform and promoted the financial institutional reform in northeast China. This study concludes by arguing that the judgments affected the profits of the litigants and changed the local society.     

Restraint,Reaction, and Penal Fantasies: Notes on the Death Penalty in Israel, 1967–2016

What role does the death penalty play in contexts of protracted political violence? What does it symbolize for its opponents and proponents in such contexts? Can it survive as a potent topic of political life even without actual executions? Since 1967, the death penalty has been a lawful sanction in Israel's military courts, which have jurisdiction over Palestinians in the Occupied Territories. Though it has never been carried out, it has been intensely debated throughout this period and the topic has retained major political, cultural, and judicial significance. I argue that both sides in these debates use the topic mostly symbolically, rather than as an issue of public policy. For opponents, refraining from using the death penalty has become a symbol of restraint , used in self‐legitimation. For proponents, death penalty advocacy serves as what I term a penal fantasy , an outlet for frustration, symbolizing defiance against the image of restraint.     

Invisible Politics: Institutional Incentives and Legislative Alignments in the Russian Duma, 1996–99

Previous analysis of legislative voting has focused on the behavior of nominal legislative parties, regardless of whether the country under examination was an established democracy or a newly democratized country. This approach is inadequate for countries with young party systems. To establish the extent to which legislative coalitions are party based, scholars must allow for the possibility that institutional incentives predominate over party influence. For this study, I applied a Bayesian discrete latent variable method to identify the legislative coalitions in the 1996‐99 Duma. I found that legislative alignments cut across party lines: electoral incentives and support for the president contribute to divides within parties that lack coherent platforms. Here I present a novel methodological approach to the identification of intraparty divisions and the major determinants of legislative coalitions in many legislative settings. This approach allows a comparison of the importance of party influence relative to other institutional incentives. It is especially useful for analyzing legislative voting in young party systems and where constitutional frameworks and electoral systems subject legislators to competing pressures.     

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.     

Anatomy of Judicial Backlash: Southern Leaders,Massive Resistance,and the Supreme Court, 1954–1958

Exploiting a range of archival materials, we argue that state‐level variation in judicial backlash to Brown was as much the result of strategic choices by southern political elites as it was the ingrained prejudices of the region's white voters. Presenting case studies of massive resistance in Mississippi, Louisiana, Virginia, and Arkansas, we show that elite agency profoundly shaped the patchwork development of grassroots resistance to integration across the South. These findings challenge the prevailing view that backlash to Brown signaled the unequivocal triumph of racial conservatives. Rather, we argue that the region's response offered individual members of the southern elite significant autonomy to direct massive resistance in their home states. We also argue that southern lawmakers were responsible for the South's embrace of popular constitutionalism post‐Brown, and thus that it may not have been “popular” at all. We conclude that studies of judicial backlash would do well to reevaluate the assumption that backlash is necessarily a grassroots phenomenon.