Leaving home in a stem family system: Departures of heirs and non-heirs in pre-industrial Japan

To clarify the rules in a stem family, this study investigates the patterns of childrens' departures from home, using the 1870 household register of South-Tama, Musashi Province (4,787 individuals). Sons and daughters followed a schedule for home departures in their life course related to their sex and to sibling composition. Life-table analysis revealed that the ‘stayers’ were children without siblings, eldest sons, and eldest daughters with only sister; while the ‘leavers’ were younger sons with elder brothers and younger daughters. This pattern was present regardless of economic status, with some variation in the speed of leaving home among sons. The leavers in general left for various destinations via marriage, adoption, service, and work migration. Larger proportions of sons than daughters remained in the home village. Examination of the exceptions to the rule showed that they tended to be incapable of following the main pattern. Analysis of the timing of a child's departure in relation to the heir's marriage or to the birth of the heir's first child revealed that within the standard schedule, sons and daughters were retained or released for the advantage of the family. Sisters were replaced by in-marrying brides. Brothers were kept in the home until the next generation was secured. The departure of children, or heirs and non-heirs, can be a good variable for comparing the rules of family systems.     

Food and the challenge to identity for post-war refugee women in Australia

Abstract

In many societies, feeding one’s family in traditional and culturally appropriate ways is an essential part of being a mother and a wife. For migrants, food can play an important role in the maintenance of tradition, culture, and identity. This paper uses archival evidence, media coverage, memoirs, and oral histories to explore how policies associated with food in migrant hostels impacted on, and interfered with, the central role of food in the commensal circle of the family, and in the identification of migrant women as wives, mothers, and cultural gatekeepers. We identify three main factors that contributed to this negative cultural impact: the preparation of quintessentially ‘Australian’ menus that were alien to most of the population; communal dining arrangements which disrupted the basic social activity of commensality; and the fact that there was no need for women to prepare food for their families, and no opportunity to do so since having private cooking facilities was illegal. The impact of these eating/dining experiences on women and their families was obviously profound: even today, the topic of food and enforced communal dining is among the first and most vivid of memories, typically negative, reported by those who transitioned through the hostels.     

Privacy and Search Engines: Forgetting or Contextualizing?

This article considers the much‐criticized ‘right to be forgotten’ in the context of the European Court of Justice's judgment in the Google Spain case. It defends the ‘right to be forgotten’ as a metaphor that can provide us with a better understanding of the particular privacy concerns of the search‐engine age and their interaction with the freedom to access information, and draws on Goffman's idea of ‘information games’ and Nissenbaum's theory of ‘contextual integrity’. While supporting the principles that underpin the judgment, the article rejects the Court's binary approach of ‘forgetting’ versus ‘remembering’ personal information. Instead, it argues that the EU legislator should introduce more nuanced means of addressing modern privacy concerns. By establishing two remedies – ‘delisting’ or ‘reordering’, depending on the nature of the information – online information flows can be adjusted to preserve both the right to privacy and the freedom to access information in more contextually appropriate ways.     

Regulatory Domain and Regulatory Dexterity: Critiquing the UK Governance of ‘Fracking’

This article provides a critique of the UK government's regulatory response to ‘fracking’. It shows how government has adopted two distinct schemas of regulation, which may usefully be classified under the headings ‘regulatory domain’ and ‘regulatory dexterity’. These schemas rely on very different interpretive conventions and are in many ways contradictory. Yet, government uses both ‘domain’ and ‘dexterity’ arguments simultaneously in order to advance its policy in favour of fracking. The article explains how two seemingly different regulatory approaches work together towards the same policy goal, and highlights the role of law in facilitating technological development.     

In the Interests of Clients or Commerce? Legal Aid,Supply, Demand,and ‘Ethical Indeterminacy’ in Criminal Defence Work

As a professional, a lawyer's first duty is to serve the client's best interests, before simple monetary gain. In criminal defence work, this duty has been questioned in the debate about the causes of growth in legal aid spending: is it driven by lawyers (suppliers) inducing unnecessary demand for their services or are they merely responding to increased demand? Research reported here found clear evidence of a change in the handling of cases in response to new payment structures, though in ways unexpected by the policy's proponents. The paper develops the concept of ‘ethical indeterminacy’ as a way of understanding how defence lawyers seek to reconcile the interests of commerce and clients. Ethical indeterminacy suggests that where different courses of action could each be said to benefit the client, the lawyer will tend to advise the client to decide in the lawyer's own interests. Ethical indeterminacy is mediated by a range of competing conceptions of ‘quality’ and ‘need’. The paper goes on to question the very distinction between ‘supply’ and ‘demand’ in the provision of legal services.     

Families,Foreignness, Migration

Introducing the special issue on ‘Families, Foreignness and Migration. Now and Then’, this essay starts from the observation that in Western Europe migrating with or without one's family in the last century was increasingly shaped by state policies. As a result, migrants' identities and family experiences not only depended, and still depend, on their cultural backgrounds but also on very time-specific politics of foreignness and citizenship. The essay's main argument is that comparing and deconstructing perceptions, policies and practices of ‘family’ and migration help to overcome the limited attention given to age and kin in the study of gender and migration. From an overview of contributions to this interdisciplinary issue, it is clear that deconstructing ‘family’ in migration studies should be developed further along three axes: child migration, the multi-level analysis of family and migration, including societies of origin and migrant organizations, and the comparison of ‘visible’ and ‘invisible’ migrants, which contributes to uncovering the relationship between foreignness, gender and age.     

Family Reunification Rights of (Migrant) Union Citizens: Towards a More Liberal Approach

Over the years, in the case‐law of the European Court of Justice (ECJ) determining the availability of family reunification rights for migrant Member State nationals, the pendulum has swung back and forth, from a ‘moderate approach’ in cases such as Morson and Jhanjan (1982) and Akrich (2003), towards a more ‘liberal approach’ in cases such as Carpenter (2002) and Jia (2007). Under the Court's ‘moderate approach’, family reunification rights in the context of the Community's internal market policy are only granted in situations where this is necessary for enabling a Member State national to move between Member States in the process of exercising one of the economic fundamental freedoms; in other words, where there is a sufficient link between the exercise of one of those freedoms and the need to grant family reunification rights under EC law. Conversely, under the Court's ‘liberal approach’, in order for family reunification rights to be bestowed by EC law, it suffices that the situation involves the exercise of one of the market freedoms and that the claimants have a familial link which is covered by Community law; in other words, there is no need to illustrate that there is a link between the grant of such rights and the furtherance of the Community's aim of establishing an internal market. The recent judgments of the ECJ in Eind and Metock (and its order in Sahin) appear to have decidedly moved the pendulum towards the ‘liberal approach’ side. In this article, it will be explained that the fact that the EU is aspiring to be not only a supranational organisation with a successful and smoothly functioning market but also a polity, the citizens of which enjoy a number of basic rights which form the core of a meaningful status of Union citizenship, is the major driving force behind this move. In particular, the move towards a wholehearted adoption of the ‘liberal approach’ seems to have been fuelled by a desire, on the part of the Court, to respond to a number of problems arising from its ‘moderate approach’ and which appear to be an anomaly in a citizens' Europe. These are: a) the incongruity caused between the (new) aim of the Community of creating a meaningful status of Union citizenship and the treatment of Union citizens (under the Court's ‘moderate approach’) as mere factors of production; and b) the emergence of reverse discrimination. The article will conclude with an explanation of why the adoption of the Court's liberal approach does not appear to be a proper solution to these problems.     

Family breakdown and the ‘Welfare Child’ in 19th and 20th century Britain

This article traces new cycles of interest in past children as distinct from past childhood. Recent work highlighting that a conceptualisation of childhood existed even in periods with few written records closes the chapter begun by Philippe Ariès in 1960. Instead, there has been a new surge of interest in children on the edges of family life, as well as children in similarly liminal positions between the worlds of adults and children: runaways, delinquents and orphans. Several themes in the literature are identified, based on the conflicting ideas of ‘body/mind’, ‘victim/threat’, ‘needs/rights’. It is noted that researchers are using more imaginative ways of reaching the lived experience of children than the family or institutional framework, and that an increasing link is drawn between historical and modern concerns such as child abuse and the care of ‘at risk’ children.     

Family breakdown and the ‘Welfare Child’ in 19th and 20th century Britain

This article traces new cycles of interest in past children as distinct from past childhood. Recent work highlighting that a conceptualisation of childhood existed even in periods with few written records closes the chapter begun by Philippe Ariès in 1960. Instead, there has been a new surge of interest in children on the edges of family life, as well as children in similarly liminal positions between the worlds of adults and children: runaways, delinquents and orphans. Several themes in the literature are identified, based on the conflicting ideas of ‘body/mind’, ‘victim/threat’, ‘needs/rights’. It is noted that researchers are using more imaginative ways of reaching the lived experience of children than the family or institutional framework, and that an increasing link is drawn between historical and modern concerns such as child abuse and the care of ‘at risk’ children.     

Widows: perceptions,demography, residence patterns,and standard of living

This article examines the formulation, application, and effects of Article 31 of Law 14.394, which introduced absolute divorce into Argentina, albeit briefly: the law was passed in December 1954 and ‘suspended’ in March 1956. Our study sheds light on the juridical dimension of a topic that has not been considered to date. We present the results of our research in two parts. The first part analyzes the text of the law and the debates around it in Argentina's Congress. The second part provides an overview of divorce sentences and then considers certain exceptional cases. The specific features of the debates and sentences considered here provide a more complex vision of Juan Domingo Perón's government's definitions of the ‘new family.’     

Falling into Line? The Hostile Environment and the Legend of the ‘Judges’ Revolt’

In 2012 the Government made a number of controversial changes to the Immigration Rules, which it claimed would ‘comprehensively reform the approach taken towards ECHR Article 8 in immigration cases’. This paper examines the judicial response, arguing that the courts ‘fell into line’, adapting human rights law to the government's aims through unprincipled and opportunistic techniques, whilst inflicting hardship and injustice on working-class British citizens in particular. Four key moves are identified. First, the courts created an ‘incapable’ test which immunised the rules from in principle challenges. Second, Lord Bingham's Article 8 test, in which the reasonableness of any family member relocation was a central consideration, was replaced with a far less family-friendly test. Third, the courts adopted an ultra-lax rationality test at common law, even when the ‘fundamental rights’ of British citizens were engaged. Finally, the courts identified immigration policy as the ‘constitutional responsibility’ of the executive.     

Can a witness report hearsay evidence unintentionally? The effects of discussion on eyewitness memory

Abstract

When eyewitnesses are exposed to misinformation about an event from a co-witness, they often incorporate this misinformation in their recall of the event. The current research aimed to investigate whether this memory conformity phenomenon is due to change in the witness's memory for the event, or to social pressures to conform to the co-witness's account. Participants were shown a crime video and then asked to discuss the video in groups, with some receiving misinformation about the event from their discussion partners. After a one-week delay some participants were warned about possible misinformation before all participants provided their own account of the event. In Study 1, participants made remember/know judgments about the items recalled, and in Study 2 they indicated the source of their memories. Co-witness information was incorporated into participants’ testimonies, and this effect was not reduced by warnings or source monitoring instructions, suggesting memory change may have occurred. However, there was some indication that remember/know judgments may help distinguish between ‘real’ memories and co-witness information.     

Doing family

This paper draws on how constructions of ‘the migrant family’ in political discourse influence migrants' and their families' lives. In specific national contexts, ‘the migrant family’ is determined according to the national and European debates and expressed by their respective rules and regulations. By ‘doing family’, migrants and their families develop strategies in order to fit these requirements of living a certain family life. Fulfilling specific norms and perceptions which are not necessarily required for the majority of society is a precondition to succeed. Who is and who is not part of the family, who holds responsibility — such aspects have to be proved and repeatedly reproduced by migrants and their families. This not only affects their position in society, but also has strong implications on their lives as a couple and family, since it requires the continuous adaptation and reconstructions of their everyday reality.     

Taking Abortion Rights Seriously: Whole Woman's Health v Hellerstedt

In Whole Woman's Health v Hellerstedt the Supreme Court of the United States passed down its most important decision on abortion for just under a decade. By a majority of 5‐3, the Court ruled that two provisions in a Texas law regulating abortion on grounds of women's health were constitutionally invalid, placing a ‘substantial obstacle’ in the way of women seeking to exercise their right to abortion. This comment delineates the key ways in which the Court's application of the standard of constitutional review under Planned Parenthood v Casey (1992) to the Texas provisions marks a landmark development for the protection of the constitutional right to abortion established in Roe v Wade, not the least by making clear that state abortion regulations which cite ‘women's health’ justifications should not pass constitutional review where those justifications lack a credible factual basis.     

Dr Bonham's Case and ‘void’ statutes

There are two opinions on Coke's remarks in Dr Bonham's Case concerning ‘void’ statutes. Firstly that Coke was assuming a power to declare statutes void as incompatible with some form of higher order law; secondly that Coke was merely asserting a power to interpret statutes. This article suggests that the range of meanings of the word ‘void’ in early-modern English law undermines the foundations of the first position, and that there is no good evidence suggesting a natural law position. Coke's method of statutory interpretation is then explored, showing that his report accords with contemporary jurisprudence on grants of judicial power and parliamentary affirmations of earlier acts, and that the word ‘void’, in this context, had a purely inter partes meaning.     

Remembering Geoff Pearson

The British criminology community has been orphaned this year. The deaths of Stan Cohen, Mary McIntosh and now Geoff Pearson have left many of us feeling bereft. Barbara Hudson's reflection on Stan's career in the June 2013 issue of Criminal Justice Matters was adorned with memories of his kindness and unerring decency. For those of us fortunate to have known Geoff well and work alongside him there are clear parallels. Geoff Pearson left us a glittering legacy of scholarly works that have become embedded into the ‘common sense’ of criminological theory. Yet, Geoff himself was no lofty scholar, he was one of the most approachable and personable individuals one could wish to meet: generous with his time, interested in the views and experiences of others and a passionate advocate for the outsider.     

Age,Role Changes and Gender Power in Family Relationships

Abstract

This article explores the effect of a prison sentence on an inmate's female partner, with particular reference to the impact on ‘older’ women. Drawing on the findings of an empirical qualitative research study and the existing literature, this article considers the gender role changes prompted by imprisonment, and the strategies utilized by women in coping with consequent strain. The gendered nature of the impact of imprisonment is explored, and the article concludes by drawing on multidisciplinary feminist perspectives in criminology and family studies to assess the centrality of institutionalized ‘traditional’ expectations of appropriate women's behavior to women's experiences of, and responses to, male imprisonment.     

Lifting the Domestic Violence Cloak of Silence: Resilient Australian Women’s Reflected Memories of their Childhood Experiences of Witnessing Domestic Violence

Recognition is growing that childhood witnessing of domestic violence is tantamount to child abuse due to the damage the experience may have on the witnessing child’s long-term emotional and social wellbeing. This paper helps to lift the cloak of silence that surrounds the child witnessing phenomenon by presenting the recollected adult memories of six female former child witnesses. Utilizing a mixed case-study and consensual qualitative research design, the study’s findings reveal that the potential threat to a child witness’s immediate and long-term wellbeing can be mediated through the progressive development of a range of adaptive coping strategies. Of these, the strategy of establishing a safe place and a supportive relationship outside of the abusive nuclear family home seems pivotal to the witnessing child’s resilient ability to move on and lead a ‘rewarding’ adult life. The paper closes with a discussion on how the research findings can be progressed.     

Thomas Craig,Sir Martin Wright,and Sir William Blackstone: The English Discovery of Feudalism

F.W. Maitland claimed that Sir Martin Wright propagated among English lawyers the view that English law had a feudal origin and was part of a European family of law and that Wright's opinions were popularized by Blackstone. This article demonstrates that Wright's opinions on feudal law, its history, and its impact on English law owed a considerable amount to the Scottish author Thomas Craig, who, through Wright, Blackstone, and others, as well as independently, had a significant impact on English lawyers’ understanding of their legal history and in overturning theories of the ‘immemorial’ nature of the common law. The infusion of Craig's European learning on feudalism into discussion of English law helped English legal history to develop.     

The Legal Case File as Border Object: On Self‐reference and Other‐reference in Criminal Law

What do case files do? With help of an ethnographic study on the care, maintenance, and use of legal case files in a Dutch, inquisitorial context, we work through Latour's and Luhmann's conceptualizations of law. We understand these case files as enacting and performing both self‐reference and other‐reference. We coin the term border object to denote the way the legal case file becomes the nexus between two worlds it itself performatively produces: the world of ‘law itself’ on the one hand, and the ‘world out there’ on the other. As such, our discussion offers clues for a partial reconciliation of Latour's and Luhmann's conceptualizations of law: while Luhmann's insistence on other‐referential operations assist in showing how law forges an ‘epistemic relationship’ with the realities it seeks to judge, Latour's concentration on the materialities of epistemic practices assists in situating these other‐referential and self‐referential operations.