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.     

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.     

Household,family, and economy among wine-growing peasants: The case of lower Austria in the first half of the nineteenth century

This article discusses commercial viticulture as a peculiar form of agro-economic activity with certain analogies to proto-industry. Using cadastral surveys, parish registers, and census lists from two Lower Austrian villages, the main economic features, the household formation patterns, and the family forms of peasant wine-growers are analyzed within the broader framework of the demographic and social landscape of the Austrian Alpine provinces of the Habsburg monarchy in the nineteenth century. The prevalence of nuclear family forms, low proportions of permanent celibates and illegitimate births, highly fragmented landownership, small numbers of farm servants, and numerous lodgers are shown to be the main characteristics of this smallholder society. Due to the decline of Austrian viticulture in the first half of the nineteenth century, it underwent a process of “re-agrarianisation.”     

Infant mortality in Bremen in the 19th century

This article analyses the development of infant mortality in the port city of Bremen within a disaggregated framework, using the available material from civil birth and death registers, as well as the census returns for 1862, 1871, 1885, 1895, and 1905. The analysis focuses on a number of factors that affected infant mortality, including breast-feeding, female labor-force participation, social class, and migrant status. Particular attention is paid to the age structure of infant mortality in relation to stillbirths and reproductive mortality, as well as registered trends in neonatal and postneonatal mortality. The Bremen data also provide a basis for analyzing infant mortality by cause of death and seasonality. By incorporating disaggregated demographic and socioeconomic data, the authors are able to offer some new insights into the determinants of urban infant mortality trends in the 19th century.     

English population statistics before 1800

The first national census of the British population was organized in 1801; the civil registration of births, marriages, and deaths commenced in 1837; and the first tentative attempt by the state to compile statistics on migration was included in the census of 1841. Prior to 1801, the chief source of information on the demography of the country was provided by the clergy's registration of baptisms, marriages, and burials that had occurred in their parishes, supplemented by information on mortality in the Bills of Mortality that were published for certain large towns and by inferences drawn from various counts of taxpayers. The article focuses on the reliability of the parochial registration system and the way in which it was exploited by the state as measured against the state's objectives for establishing it in 1538. These objectives were rarely achieved. By the end of the 18th century, the parish registers were falling short of providing a national system of registration. Neither had the registers at any time provided the requisite detail to allow the verification of age, lineal descent, or right of inheritance. They had not been used as a way of raising revenue except briefly between 1694 and 1705. Moreover, the Anglican Church was extremely lax about the enforcement of its own regulations regarding the appropriate time for registering baptisms, burials, and marriages.     

Legal History and the Problem of the Long Civil Rights Movement

This essay offers a critical examination of use of the term “long civil rights movement” as a framework for understanding the legal history of the battle against racial inequality in twentieth‐century America. Proponents of the long movement argue that expanding the chronological boundaries of the movement beyond the 1950s and 1960s allows scholars to better capture the diverse social mobilization efforts and ideas that fueled the black freedom struggle. While not questioning the long framework's usefulness for studying the social movement dynamics of racial justice activism, I suggest that the long framework is of more limited value for those who seek to understand the development of civil rights, as a legal claim, particularly in the first half of the twentieth century. The tendency of long movement scholars to treat civil rights as a pliable category into which they can put any and all racial justice claims is in tension with historical understandings of the term. Susan Carle's Defining the Struggle: National Organizing for Racial Justice, 1880–1915 suggests an alternative approach. Her detailed and nuanced account of a period in American history when racial justice activists understood civil rights as a relatively narrow subset of legal remedies within a much broader struggle for racial equality indicates the need for an alternate history of civil rights—one that places the evolving, contested, and historically particularized concept of civil rights at the center of inquiry.     

Household,family, and economy among wine-growing peasants

This article discusses commercial viticulture as a peculiar form of agro-economic activity with certain analogies to proto-industry. Using cadastral surveys, parish registers, and census lists from two Lower Austrian villages, the main economic features, the household formation patterns, and the family forms of peasant wine-growers are analyzed within the broader framework of the demographic and social landscape of the Austrian Alpine provinces of the Habsburg monarchy in the nineteenth century. The prevalence of nuclear family forms, low proportions of permanent celibates and illegitimate births, highly fragmented landownership, small numbers of farm servants, and numerous lodgers are shown to be the main characteristics of this smallholder society. Due to the decline of Austrian viticulture in the first half of the nineteenth century, it underwent a process of “re-agrarianisation.”     

The Idiom of Legalism in Bar Politics: Lawyers, McCarthyism, and the Civil Rights Era

This paper considers the political role of the organized bar from three perspectives: the historical question of the stance taken by bar associations during the major civil rights debates of the post-World War II period; the sociological question of the extent to which legal associations can act collectively on highly contentious political issues; and the legal question concerning the implications of legal formalism for the politics of the bar. Contrary to the belief that legalism is an inherently conservative means of justifying professional inaction on fundamental issues, the paper argues that in fact legalism may well be the most important basis of intra-professional consensus on those issues as well as the most powerful means by which the profession can influence state and national governments. Legalism can be understood as a common professional idiom which allows mobilization on divisive issues. It can be used in support of both liberal and conservative causes. In this sense, within certain limits, legalism is neutral–an expedient which enables the profession to act politically in circumstances which otherwise would effectively immobilize its collegial associations.     

Public health measures against neonatal tetanus on the island of Vestmannaeyjar (Iceland) during the 19th century

The article presents a study of neonatal tetanus on the tiny island of Vestmannaeyjar (Iceland) during the 18th and 19th centuries. At an early date, Vestmannaeyjar was known for its high levels of mortality from neonatal tetanus. This appalling mortality is analysed, inter alia, on the basis of parish registers at the individual family level. During the late 18th and early 19th centuries, more than three out of four newborns on the island died during the first 2 weeks of life. At the beginning of the 19th century, Icelandic and Danish authorities had already showed great interest in improving infant survival on Vestmannaeyjar. In 1827 a physician was appointed to the island and by the late 1840s the disease was successfully fought on the island. The achievement on Vestmannaeyjar is a good example of how the sanitary movement was able to bring about important improvements in infant survival long before the breakthrough of the bacteriological revolution.     

Public health measures against neonatal tetanus on the island of Vestmannaeyjar (Iceland) during the 19th century

The article presents a study of neonatal tetanus on the tiny island of Vestmannaeyjar (Iceland) during the 18th and 19th centuries. At an early date, Vestmannaeyjar was known for its high levels of mortality from neonatal tetanus. This appalling mortality is analysed, inter alia, on the basis of parish registers at the individual family level. During the late 18th and early 19th centuries, more than three out of four newborns on the island died during the first 2weeks of life. At the beginning of the 19th century, Icelandic and Danish authorities had already showed great interest in improving infant survival on Vestmannaeyjar. In 1827 a physician was appointed to the island and by the late 1840s the disease was successfully fought on the island. The achievement on Vestmannaeyjar is a good example of how the sanitary movement was able to bring about important improvements in infant survival long before the breakthrough of the bacteriological revolution.     

Forensic palynology: current status of a rarely used technique in the United States of America

The United States of America would seem to be an excellent location for using pollen data in forensic applications. The vegetation within the region is highly diverse ranging from areas of Arctic tundra to some of the most inhospitable deserts anywhere in the Western Hemisphere. The highly varied ecology, great plant diversity, thousands of vegetational microhabitats, and extensive published pollen records for the region provide an ideal setting for these types of analyses. This diversity, often characterized in most locations by unique combinations of pollen types, makes the use of forensic pollen a reliable technique that can often be used to associate individuals with a unique crime scene or geographical region. Nevertheless, forensic pollen studies in the United States of America are currently one of the most highly under utilized techniques available to assist in solving criminal and civil cases. During the past century there has been a very limited attempt to use pollen evidence in either criminal or civil cases, for a variety of reasons, including a lack of available information about the technique, a very limited number of specialists trained to do forensic pollen work, and an almost total absence of academic centers able to train needed specialists or forensic facilities able, or willing, to fund research in this area. Hopefully, this paucity of use will change if certain steps are taken to encourage the routine collection and use of pollen evidence in both criminal and civil cases.     

From parish register to the “historical table”: The Prussian population statistics in the 17th and 18th centuries

This overview deals with the development of population statistics in Germany and Prussia, where different streams and trends in the field of statistics can be observed until the end of the 18th century: (1) the so-called university statistics (Staatenkunde); (2) political arithmetic; (3) table statistics; (4) “German Kameralia;” and (5) Prussian financial science. The most important sources for historical demographic research are the parish registers. In Germany, they start in the early or high Middle Ages as baptismal lists. In Prussia in the 16th century, parish registers consisted of entries and items of baptisms (births), marriages, and funerals (deaths). Based upon these parish registers at the end of 17th century in the Brandenburg Electorate, population lists were set up as registers or tables of population movement, as “general registers of the born, the married, the deceased, and the communicants.” Physicians and such Prussian medical authorities as the Collegium medicum and the Collegium sanitatis collected data about the causes of death and the longevity of human life (people more than 90 years old). In the course of 120 years during the 17th and 18th centuries, about 350,000 immigrants came to Brandenburg-Prussia. The Prussians developed excellent migration and census statistics in the form of historical tables. From the founding of the Prussian Office of Statistics in 1805 until its reorganization in 1809–1810, historical tables were set up using population statistics.     

Marriage systems and remarriage in 19th century Hungary: a comparative study

The paper tries to examine the intensity and possible influencing factors of remarriages in two distant communities of historic Hungary during the 19th century. It uses longitudinal data gained from parish registers and family reconstitution method and event history models for the analysis of remarriage. Having only incomplete information on the social status of widowed persons, we used sex, age at widowhood, period, duration of widowhood and family composition as independent variables in the models. The analysis could prove that there were considerable differences within the ‘Eastern marriage pattern’: the analysed Transylvanian community showed a higher propensity to remarry than the West Hungarian one. This result fits well into the differing demographic patterns of the two communities. The most probable causes of these differences were better mortality and differing social composition in the Hungarian village. High propensity to remarry and the high proportion of widower/widow marriages stress the unique character of the Transylvanian community. Otherwise the role of sex was decisive in remarriage, that of age and duration of widowhood were also considerable, while period effect could not be observed. The presence of working-age sons decreased the relative risk of remarriage significantly. In this respect there were no considerable differences between the studied communities, and the results are similar to those of other research.     

中国民法典的体系

民法典的体系对民法典的制定至关重要 ,因为我国民法典的编纂不可能采取简单的汇编而不注重体系的模式 ,而应当采取逐步制定单行法 ,并按照一定的体系组合、修改、补充、完善的模式。这就是说 ,首先应当制定和修改各项民事法律和法规。然后 ,按法典体系对其修改、补充、完善 ,最终形成体系完整的民法典。将现行民事立法编入民法典中并非简单的汇编 ,而应当重新组合和完善。     

论民事诉讼的契约化——完善我国民事诉讼法的基本作业

我国民事诉讼体制作为一个当时计划经济体制时代的产物,必然打下彼时代的痕迹,彼时代的社会特征是利益的非多元性、主体的非独立性。这一社会特征在民事诉讼上的反映是:在民事诉讼中忽视民事纠纷主体的自主性和主导性,突出的是法院的职权干预。在这种诉讼体制下也必然忽视当事人之间合意对民事诉讼解决纠纷的积极作用,导致我国民事诉讼规范和程序在本质上缺乏与市场经济社会实质相一致的精神--民事诉讼的契约化。因此,在当下思考我国民事诉讼法的修正时,我们就必须考虑如何将契约精神置入民事诉讼法规范和程序之中,以表达民事法律主体在民事纠纷解决过程中的自治性和主体性。本文系统地分析了我国民事诉讼契约精神缺失的原因,民事诉讼契约化与民事诉讼体制转型的关系以及诉讼契约化的制度建构,为完善民事诉讼法提供了一个新理念和思路。     

紧急权力的自由模式之演进

作为一种解决“法律与需要”之间的紧张关系的理论框架,紧急权力的自由模式有着悠久的历史。自由模式通过区分时间结构、空间结构和行为性质,假设紧急状态能够从正常状态中分离出来。该模式包括自由裁量性,不受法律约束性,事后公开说理性以及立法机关的审查和批准等要素。在危机的全球化、法律现实主义运动的盛行和紧急权力法制化的兴起等因素的影响下,自由模式在20世纪初期开始衰微。然而, 法律主义的悲惨前景,行政机关紧急权力不断扩张和公民权利连续减损等事实,促使人们反思自由模式的价值,并提出超越自由模式。超越自由模式与法律主义相补充,可以作为我国应对极端危机的一种方式,也可以有效提升我国公民的社会公德,克服政府官员和公民的冷漠、怠责与怯懦。     

南京国民政府时期的民事审判监督机制研究

民事审判监督机制是对民事审判活动进行监督和管理的制度及措施体系。南京国民政府时期非常重视民事审判监督工作,在借鉴西方的基础上设计了较为完备的民事审判监督机制,它既有深厚的理论根基,又有完整的框架体系,形成了多部门监督、大范围关注民事审判的格局。尽管南京国民政府时期社会动荡频繁,使民事审判制度的运作效果打了折扣,但是该时期民事审判监督机制的周密构建,为当时民事审判公正性的实现提供了制度保障,对当下我国民事审判监督制度的完善也具有一定的现实参考价值。     

论德国行政诉讼中司法权的边界

德国行政诉讼中法院的受案范围几乎不受限制。行政法院对行政案件有完全的管辖权,可以主动、全面、深入地审查事实问题与法律问题,一般无须尊重行政机关在事实判断方面的专业知识与经验。不过,自上个世纪70年代以来,由于行政判断余地等理论的发展,行政法院对行政主体进行强势监督与制约的格局有所松动。另外,行政法院在判决与执行中恪守权力分立原则。德国行政诉讼中这一权力边界格局的形成,是与其宪政体制、法院分工、法定法官原则、二战后对公民权利的重视以及发达的公法理论等紧密相关的。     

Passive Observers or Active Participants? Jurors in Civil and Criminal Trials

What was the role played by jurors in civil and criminal trials from the late eighteenth to the late nineteenth century? This article establishes that during this period, juries in Ireland played a relatively active role. It examines individual reports of civil and criminal trials and considers the nature of juror participation during this period, establishing that jurors frequently questioned witnesses, berated counsel, interrupted judges, demanded better treatment and added their own observations to the proceedings. This article compares the nature and level of interaction from different categories of jury – civil and criminal, common and special. It asks why Irish jurors continued to be active participants until late in the nineteenth century, and how the bench and bar received their input. It also suggests that English jurors may have played a more active role during this period than previously thought. Finally, the article considers some possible reasons for the silencing of Irish jurors by the late nineteenth century.     

公共事业登记管理面临的问题及对策分析

公共事业登记管理是公共事业管理的一个重要组成部分,随着国家一系列法规条例的出台,公共事业登记管理逐渐走上规范化的轨道。在取得成效的同时,公共事业登记管理也面临着许多问题,在一定程度上阻碍了公共事业的发展。因此,对公共事业登记管理的问题及其原因进行深入分析,以此提出相应的完善对策将有着十分重要的意义。