Peasant and hunter households in Oulanka,northern Russia, 1710–1910

This article examines the family system prevailing among the population of a parish in the subarctic zone of northern Russia in the 18th and 19th centuries. At the beginning of the period, the Oulanka area was occupied by Lapps, who lived chiefly by hunting, and Karelians engaged in agriculture. Although the Lapps later reverted to a more permanent way of life, the area still possessed two distinct communities with differences in their economies. This research relies on demographic sources such as taxation records, nominal censuses, and parish confessional lists.

A high proportion of large, complex households was typical of the population of the area throughout the period studied. The shaping of the family system was crucially affected by the desire of the inhabitants to ensure the vitality of their households by pursuing several labor-intensive forms of economic activity simultaneously. Although the inhabitants were not serfs, their choice of the optimal ways of organizing their lives in different situations was to a great extent determined by the obligations placed upon them by the government. The similarities between the family system prevailing in Oulanka in the 19th century and that observed in ethnic Russians in general are presumably attributable to the fact that both populations came under the same judicial system.     

Sex differentials in phthisis mortality in England and Wales, 1861–1870

In the mid-nineteenth century phthisis, or pulmonary tuberculosis, was the single most important cause of death in England and Wales. It was widely distributed geographically though some areas were worse affected than others. This paper explores aspects of the geography of phthisis mortality in England in the second half of the nineteenth century, with particular attention to the sex differential in mortality from this cause. Phthisis is often thought of as a disease of young women, and throughout much of England and Wales, especially in agricultural areas, women aged between 15 and 40 years were especially vulnerable. However the sex ratio of deaths from phthisis varied greatly from place to place and, in some places where phthisis was prevalent, men rather than young women were at the greatest risk of death. Phthisis mortality was sufficiently important that the geography of the overall sex differential in mortality was to a considerable extent determined by the geography of the sex differential in phthisis mortality. Where phthisis mortality disadvantaged females, the overall sex differential between male and female mortality was small or even negative; where phthisis mortality disadvantaged males, the overall sex differential was large. The paper then considers explanations of geographical variations in the sex differential in phthisis mortality. It is not clear that these are best explained by a ‘bargaining-nutrition’ account which holds that young women in poor households were especially vulnerable to mortality from phthisis because their weak intra-household bargaining position compromised their nutritional status. Other factors, such as the return migration to their native areas of out-migrants who became sick with the disease, and working conditions, especially for females, may have been more important. The final part of the paper considers the implications of the results for explanations of the decline of phthisis mortality between 1860 and 1900.     

Defending the Accused: The Impact of Legal Representation on Criminal Trial Outcomes in Victoria,Australia 1861–1961

Access to legal representation by accused felons was entrenched as part of the adversarial system from the early nineteenth century, but a substantial minority of defendants remained undefended at superior court level well into the twentieth century. Using a sample of criminal trials collected across a crucial hundred-year period that saw the development of incipient legal assistance schemes, this article seeks to examine what effect the presence of defence counsel had on individual trial results. It is shown that there was a significant association between defence status and a variety of outcomes, including pleas, verdicts, trial length, bail status and sentencing. This relationship was to some extent affected by the specific offence with which the accused was charged, but remains evident across various other factors, including defendant ethnicity, sex, occupation and age, and lawyer assigned to the case. The results suggest that representation was highly desirable for defendants throughout this period.     

From ecotypes to sociotypes: Peasant household and state-building in the alps,sixteenth–nineteenth centuries

Ecological arguments have long been used in research to explain the forms of peasant households. In the rich family literature concerning the European Alps they hold a particularly prominent position. Using alpine macro- and microdata, the article shows that the proposed ecological models do not hold up under scrutiny, and that sociopolitical approaches are more effective. An investigation of three regions from different parts of the Alps indicates that accelerated state-building started a process of differentiation in the sixteenth century. Relations between the private and the public domains took on specific forms, and this development affected domestic power relations in peasant households.     

Through the meshes of patriarchy:: The Male/Female Relationship in the Saguenay Peasant Society (1860–1930)

This article offers an analysis of women's life and status within the peasant family of the Saguenay region (Quebec) prior to the completion of the settlement process. After a brief survey of the literature in the field, a variety of sources (including several bodies of oral data) is analyzed, offering the conclusions that: (1) it is useful to carefully distinguish between the macro-social or societal level (State, Church, capital …) and the micro-social sphere of the family and the conjugal couple; (2) the societal scale was made up of unambiguously patriarchal powers, norms, and institutions, whereas at the micro-social level, the reality was much more complex and offered a great deal of diversity; (3) societal constraints heavily influenced the conjugal relationship but not in a deterministic way. The latter remained a social area where the women, somehow, remained able to maneuver, to negotiate and to assert themselves; (4) the same can be said of the thesis that male ownership and control of the means of production necessarily entailed subordination and proletarianization of the married women; and (5) it would be fruitful to explore the idea that male domination was mostly rooted and secured not in the family but in the societal arena.     

Patent Cases in the Court of Chancery, 1714–58

The purpose of this article is two-fold. First, it discusses recent improvements in the cataloguing of Chancery bills and pleadings entered between 1714 and 1758, held in the C 11 series at the National Archives. This has made it much easier to locate cases by subject, and a methodology for doing this is described. Secondly, the article outlines the results of work carried out in C 11 on cases relating to patents for invention. Although there has been significant research into how other forms of intellectual property right were adjudicated in the Court of Chancery, notably copyright, patent law for this period remains obscure. The article shows that Chancery (along with the common law courts) retained the principal jurisdiction in patent law, rather than the Privy Council as was once thought.     

Household-level predictors of the presence of servants in Northern Orkney,Scotland, 1851–1901

Servants were an important part of the northwestern European household economy in the preindustrial past. This study examines household-level characteristics that are predictive of the presence of rural servants using data from Orkney, Scotland. The number of servants present in a household is related to household composition, landholding size, and the marital status of the household head. In addition, the sex of the particular servant hired reveals that the labor of male and female servants is not fungible. The sex of the servant hired is related to the ratio of male and female household members of working age, the occupation of the head, household composition, and the size of the household's landholding.     

Trends in the proportion of married women of reproductive age in Spain, 1887–1991

Using the Princeton nuptiality index I_m, we analyzed historical developments in the proportion of married women of reproductive age in Spain. We show the internal diversity in nuptiality patterns and offer an explanatory statistical model based on panel data analysis to identify the main variables influencing these changes over more than a century (1887–1991). We found that Spain has been the developed country with the greatest contrasts in its provincial nuptiality patterns (measured by I_m), although this diversity has lessened over the course of time. We also found that some socioeconomic variables (the gross domestic product per capita and the percentage of population living in cities) do not have a linear relationship with female nuptiality but rather have a U shape or an inverted U shape. This may partly account for some of the controversy that has raged on this topic over the past few decades on an international level.     

Procedural Change in the UK House of Commons, 1811–2015

Recent research has shown an increasing interest in the historical evolution of legislative institutions. The development of the UK Parliament has received particularly extensive attention. In this article, we contribute to this literature in three important ways. First, we introduce a complete, machine-readable data set of all the Standing Orders of the UK House of Commons between 1811 and 2015. Second, we demonstrate how this data set can be used to construct innovative measures of procedural change. Third, we illustrate a potential empirical application of the data set, offering an exploratory test of several expectations drawn from recent theories of formal rule change in parliamentary democracies. We conclude that the new data set has the potential to substantially advance our understanding of legislative reforms in the United Kingdom and beyond.     

Developments of interest to the Commonwealth in the regulation of international disaster response, 2008–09

This article summarizes key developments of interest to the Commonwealth in the regulation of international disaster response over the last year. It includes discussion of global and regional instruments impacting on Commonwealth states as well as steps taken at the national level by some Commonwealth members.     

Empirical assessment of the role of economic analysis in the Russian antitrust: Why is economic analysis used?

Economic analysis is an important tool for the modern antitrust. This article provides an empirical study of its role in the Russian antitrust law enforcement practice in order to answer the following question: Has the understanding of the usefulness and importance of economic analysis in the Russian antitrust been achieved, or has economic analysis been applied formally? The study is based on the sample of official records on published decisions by the Supreme Court of Arbitration of the Russian Federation, created specifically for this research.     

Intergenerational income mobility in Gothenburg,Sweden, 1925–1958, before the rise of the welfare state

This paper investigates intergenerational mobility at the household level by using tax data for the city of Gothenburg, Sweden for two periods, 1925–1947 and 1936–1958, before the rise of the welfare state. Young households (selected persons under 18) are followed and income mobility (defined as changes in household disposable equivalent income) is followed across generations. In addition, socioeconomic mobility (defined as changes in the socioeconomic status of household head) is followed across generations. These two approaches of measuring mobility will tell us to what extent sons and daughters follow in their fathers' footsteps before the rise of the welfare state in Sweden. The results indicate significant intergenerational income mobility for both periods, while the period from 1925–1947 seems to be more mobile. In addition, socioeconomic mobility increased during the last period, 1936–1958. Hence, even before the rise of the welfare state, Sweden had high intergenerational income mobility.     

Changes in the Rules of the Lawmaking Process and the Success of Presidential Bills: Chile, 1990–2018

This article assesses the effect of changes in the lawmaking process on the success of the president’s legislative agenda, distinguishing between within-term success (bills that passed during the term) and overall success (including bills that passed after the president left office). With the 2064 presidential bills introduced in seven terms (1990–2018) in Chile’s presidential system, we assess the impact of changes in lawmaking rules on within-term (59.9%) and overall success (70.6%). Changes that decrease attributions of the president and create more opportunities for executive-legislative bargaining—including concurrent elections—increase the chances of success of presidential bills. The use of presidential urgency motions, an agenda-setting tool, makes bills more likely to pass, but the issuance of many urgency motions undermines the bill’s chances to succeed. Presidential bills introduced early in the term and those on issues where there is more policy convergence are more likely to pass.     

Intergenerational offending in Liverpool and the north-west of England, 1850–1914

Using contemporary sources from the north-west of England in the Victorian period, the authors examine the putative connections made by contemporaries which linked together ‘bad’ parenting and the transmission of criminal traits. Poor parenting practices were a prevalent explanation for juvenile (leading onto sustained) delinquency, especially in the mid to late nineteenth century. Popular narratives by Charles Dickens and media opinion-formers were very influential in depicting neglectful mothers who did not socialise their children into law-abiding, useful members of society, and criminal fathers who inducted their children into their own criminal affairs and organisations. This article examines the reality of intergenerational offending (using prison- and court-generated data) to show that there is very little convincing research that proves direct intergenerational transmission of offending practices (i.e. parent-to-child-offending transmission). The authors then examine other possible routes of intergenerational offending using case studies and archival research, and the article concludes that environmental/socio-economic conditions and wider familial/neighbourhood relationships were, in fact, the main trigger for onset of offending, and the maintenance of criminal careers, rather than direct familial transmission. The article is therefore an important marker in understanding the processes which inhibit/generate criminality in a significant number of juvenile offenders in this period.     

Human rights in the administration of criminal justice in Southern Africa University of Botswana,Gaborone, Botswana October 8–10, 1990

Conference Papers

Human rights in the administration of criminal justice in Southern Africa University of Botswana, Gaborone, Botswana October 8–10, 1990     

May,Should, or Do,Administrative Judges Participate in the Management of the Public Sphere in the Rule of Law?

The article concerns the actual impact of courts controlling the activity of public administration on the direction of its activities and the content of issued decisions. In particular, it concerns sovereign individual decisions that affect the sphere of civil rights and freedoms. The aim of the article is to seek an answer to the question of whether independent judges actually participate in the process of management in the public sphere, which is characterised by elements of politics and (regardless of the answer to this question) whether such participation is allowed or (even) necessary in modern rule of law states. The main argument is that regardless of whether the courts controlling the administration have reformatory or exclusive cassation powers, they influence the decision-making process in the public sphere. At the same time, such influence not only does not violate the fundamental values of the rule of law, but is even sometimes necessary. This does not mean that courts should interfere in the management processes in the public sphere in every case.

     

Public health and the development of infant mortality in Germany, 1875–1930

The substantial increase in life expectancy over the past 150 years can largely be attributed to a drastic decline in infant mortality. In the continuing debate about the reasons for this development, recent research has focused attention on the role of public health. Since the 1870s in Germany, municipal and national public health strategies were launched. One major element of this policy was the fight against high infant mortality rates in urban areas. The establishment of municipal milk supplies and the creation of infant welfare centers attacked gastrointestinal disorders, the predominant cause of death among infants. This article investigates these developments in the largest German cities, particularly Düsseldorf, which is located in one of the most industrialized regions.     

Smallpox vaccination and the limits of governing through contagion in the Straits Settlements, 1868–1926

Vaccination involves the encounter of nonhuman biological matter and human bodies, recalibrating our susceptibility to illness and death. This boundary-crossing act has been caught in conflicting webs of moral significance, including the normalizing frameworks of public health governance and its corresponding forms of resistance. Such tensions and dynamics were a feature of smallpox vaccination - the first modern, systematic state-driven project to build population immunity. Focusing on smallpox vaccination in the British-ruled Straits Settlements (Singapore, Penang, and Malacca) between 1868 and 1926, we examine the recurrent features of contentions over vaccination from the tentative beginnings of the 1868 Vaccination Ordinance to the systematic extension of vaccination in the 20th century. Engaging science and technology studies of nonhuman agency and social theories on security, we argue that such contentions demonstrate the limits of a power formation we call governing through contagion (GTC). GTC centralizes law and other technologies to normalize public health measures that combat contagious diseases, while dysconnecting populations by its strategies of control. Our history of smallpox vaccination reveals: (i) GTC relies on the interconnectedness of human and nonhuman actors in protecting populations against viral threats; law is essential but does not necessarily drive vaccination or other strategies of control and (ii) resistance to GTC, in which law plays an integral role, reinforces inequalities and differentiated treatment, what we term endemic inter/dysconnectedness.