Grave concerns: Entailment and intergenerational agency in Amsterdam (1600–1800)

The entail was one of the few instruments that allowed pre-industrial testators to organize long-term strategies with respect to asset management: it allowed them to decide which goods descendants could alienate, and also after how many generations restrictions would be lifted. This article looks into the somewhat neglected topic of entailment in merchant towns, and thus contributes to our understanding of the goals urban testators set with respect to asset management, both for themselves and their descendants. Evidence from Amsterdam suggests that many testators were inclied to create long-term strategies once improvements had been made to the institutional framework surrounding the entail. Our analysis indicates that they were particularly looking for ways to prevent descendants from squandering patrimonial goods, but without reducing liquidity. This ‘intergenerational agency problem’ was solved by allowing groups of descendants to file requests to have entails cancelled.     

The Principle, Politics, and Finances of Introducing Academic Merit as the Standard of Hiring for "the teaching of law as a career," 1870–1900

Compared to the practice in other professional schools and academic fields at universities, law professors are hired at a young age based primarily upon their academic merit determined through grades, class rank, and school rank. This emphasis upon narrowly defined academic merit—apart from achievement demonstrated through original scholarship or experience in professional practice—first emerged during "the professionalization of the American law professor" between 1870 and 1900 at Harvard Law School (HLS). Though normative today, this outcome was neither necessary nor uncontested. In the late nineteenth century the new standard of hiring faculty according to their academic merit was energetically opposed by those favoring the antecedent standard of professional experience and reputation. Only when financial considerations counterbalanced that traditional standard did hiring decisions tip in favor of the new principle. Not until the early 1900s, when the second generation of academic meritocrats dominated the HLS faculty, did the new hiring standard become unequivocally established as policy in the school and, by extension, in legal education.     

Lawyers and Politics in France, 1814–1950: The State, the Market, and the Public

Throughout the 19th century, lawyers in France were deeply involved in political action to pursue an overriding goal–to become recognized as spokesmen for the public. This strategy governed their history; it explains their brilliant social ascent and their subsequent slow decline. As long as the conflict between state and civil society raged, lawyers were able to we assets–political mobilization, the power of the word, the esteem enjoyed by law–which had allowed them faithfully to embody public opinion in its struggle to limit state powers. From this embodiment of public ideals they derived independence, prestige, and a dominant position in the state. But when the nature of the political regime ceased to be a bone of contention and when public life became organized around other cleavages, lawyers were gradually deprived of their representative function. This marked the beginning of a social decline that became visible between the two world wars and lasted until the 1950s.     

Occupational workplace and traffic fatalities in Alsace, France (2000–2005): Results of toxicological investigations

France ranks as leader country in Europe for the consumption of cannabis as well as of psychoactive medications. Whereas the relationship between psychotropics and road accidents is now well-established, few data are still available on the influence of drugs on occupational accidents. The purpose of the present study was to measure the prevalence of psychoactive drug intake (alcohol excepted) among victims of occupational fatalities (including workplace accidents + traffic accidents, i.e. on the way to and from work) occurred in the region Alsace over the period 2000–2005. Data were collected by compiling files on occupational accidents from two different public agencies (CRAM, Regional Sickness Fund Alsace-Moselle; DRTEFP, Regional Department of Work, Employment and Professional Training) together with those from the Medico-Legal Institute of Strasbourg over the period tested. Data analysis showed that 3% of the victims of workplace fatalities were under the influence of drugs (alcohol excluded) at the time of accident, as well as 5% of the victims of occupational traffic accidents. Our results also highlight a low rate of toxicological analyses, since these investigations were requested by the authorities in 41% of traffic victims and only 15% of workplace victims. In France, the relevance of psychoactive drug intake in occupational deaths is much better targeted in the case of traffic fatalities (due to the existence of specific regulations, e.g. compulsory urinalysis for drugs of abuse in drivers involved in a road accident) than in those occurred at workplace (no specific regulations).     

Context and Change: The Evolution of Pioneering Drug Courts in Portland and Las Vegas (1991–1998)

Drug courts in the United States are still relatively young, but they have proliferated dramatically since the first innovation in Miami in 1989. Research focusing on drug courts is now beginning to gain momentum, though it still lags considerably behind the growth of the movement itself. This article describes findings from a first "longitudinal" examination of two of the nation's first and longest operating courts in Portland and Las Vegas, focusing on the dynamic nature of the evolution of the model as adapted in each site. In particular, the research considers the impact of contextual factors – laws, administrative policies, and federal court orders – on the growth of drug court models in each jurisdiction as measured through their screening and enrolling mechanisms over time. The time series analyses suggest that several contextual factors played an important role in shaping these courts and affecting their impact on the target populations and the results they produced. The longitudinal findings illustrate the importance of context in making sense of "normal" evaluation findings and emphasize the dynamic nature of the change process in implementing innovative policy in the criminal courts.     

The impact of education on the demographic life course: The family reproduction process of literates and illiterates in the Netherlands at the end of the nineteenth century

A widely held assumption is that the decline of illiteracy had a notable impact on the demographic transition in western Europe in the nineteenth century. Literates, it is said, were more open to innovation and were better equipped to control their environment and their destiny. The article examines this hypothesis by looking into the family reproduction process of literates and illiterates who lived in the town of Eindhoven between 1850 and 1900. Using the concept of the life course, the article looks at differences in age at marriage, fertility, and infant and child mortality, and finds that in each category of literacy a certain form of demographic behavior prevailed.     

Social structure of the Jewish quarter in Vienna during the liberal era (1850–1900)

The article examines the nature of residential and coresidential patterns in the second half of the 19th century in a district of Vienna known as Leopoldstadt, which had a large Jewish population. Analysis of a database from this district, paying attention to occupation and class variables, suggests that the Jewish population therein was more mixed than traditional interpretations suggest, and that the concentration of Jews there can plausibly be explained mainly by reference to residential choices made by Jews to live near an economic infrastructure that catered to their religious and cultural needs. The patterns identified in the data suggest further that in interpreting the residential patterns of the city it is necessary to conceptualize the problem as one of interaction between religion, economics, and residential choice.     

The socioeconomic and demographic determinants of crime in Iran (a regional panel study)

The raising trend both in violent and property crime are of major concern in Iran. Using a panel data modeling (province wide), the paper provides an econometrics assessment of the relationship between crime against properties and violent crimes as functions of deterrent, social, economic and demographic factors in Iran, in the framework of Becker-Ehrlich crime supply theory. The findings indicate that, although deterrence hypothesis is not confirmed for burglary and assault, it explains the variations of murders and threats. Economic factors play key role in burglary and threat explanation, but they do not affect willful murders, however, Literacy explains both murders and threats. Average of families’ income is explored as a deterrent factor for crime against properties.     

The Jews of early modern Marburg, 1640s—1800: A case study in family and household organization

This article examines Jewish household and family organization in a middle-sized German city, the Upper Hessian regional center of Marburg, the population of which ranged from 2500 to 6000 from the Thirty Years War to the end of the 18th century. Some general hypotheses about population development, household structure, and family life conveniently summarized by Toch [Toch, M. (1995). Aspects of stratification in early modern German Jewry: Population history and village Jews. In R. P. Hsia & H. Lehmann (Eds.). In and out of the ghetto: Jewish-Gentile relations in late medieval and early modern Germany (pp. 77-89). Cambridge: Cambridge University Press] serve as an organizational frame for the case study. In Toch's view, Jews' comparative wealth, as well as governmental restrictions on their settlement and marriage in central Europe, led to their having larger and more complex households than those of the Christian majority. While household enumerations over time confirm several of Toch's observations, especially the larger size of Jewish families, neither Hessian settlement policy nor local Marburg opposition prevented the Jewish minority of about 1% from keeping pace with general population growth. Moreover, Jews did not respond to their regulated living conditions and status as cultural outsiders with a family organization exhibiting remarkably more internal complexity than did Christian households.     

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.     

The Fault of (European) Law in (Political and Social) Economic Crisis

It is a commonplace that the discipline of economics has contributed to the current crisis, above all, because economic methodologies are charged with fatally inflating debt risk, such that collapse was the inevitable result. But what might be said of the role of law within this constellation? Much ink has been consumed detailing legal shortcomings within regulatory regimes for the financial services. However, a full accounting has yet to be made of the broader fault which may also be attributed to the premises of modern and increasingly post-national law, especially as they coalesce with a broader abdication of political responsibility for crisis. This contribution begins this accounting, investigating the processes by which law has transformed itself into an economic technology within post-national regimes in its contemporary quest for material legitimacy. Above all, in its idolatry of the factual, law has itself become a power locus—especially within the European Union—that similarly pre-empts the politics within which social and economic stability might be defined and achieved.     

Sowing seeds of change for the digital world – A response to ‘Digital opportunity: A review of intellectual property and growth’

Professor Ian Hargreaves released his independent report entitled Digital Opportunity – A Review of Intellectual Property and Growth on 18 May 2011. Hargreaves advocates strategic change and policy initiatives for the intellectual property framework in both national and international contexts. Ten recommendations are proposed, including reform of copyright licencing procedures, implementation of a digital copyright exchange, and legislative exceptions to copyright infringement, along with restructuring of systems for the grant and enforcement of patents. In this article, the authors discuss Hargreaves’ recommendations and consider how intellectual property law and policy may be used to facilitate innovation and economic growth in the modern digital world.     

Toxicological investigations for drugs of abuse in arrested drivers: A 2-year retrospective study (2005–2006) in Strasbourg, France

Driving under the influence of drugs of abuse (DRUID) is prosecuted in France since 2001. Biological controls are performed according to a 2-step procedure: urine immunoscreening followed, in case of positivity, by a blood analysis using a separative technique coupled to mass spectrometry. This paper presents a 2-year (2005–2006) retrospective review of blood analyses performed in this framework at the Medico-Legal Institute of Strasbourg, France. Over this period 611 subjects were controlled on request of the authorities. Of this population, 532 (87.1%) were male. Mean age was 31.7 ± 14.4 years, 57.9% of subjects were in the range 15–29 and 31.1% in the range 20–24. On the 611 drivers, 296 (48.4%) were found positive for at least 1 drug using a preliminary blood immunoassay (ELISA). Among them, 254 were positive for cannabis, 81 for opiates, 22 for cocaine and 8 for amphetamine derivatives. Psychoactive medications were additionally tested in 278 drivers, and detected in 53 (19.1%). Benzodiazepines were the most frequently identified. On the 254 subjects tested positive for cannabis by ELISA, 202 had detectable levels of THC in blood (which is mandatory for engaging prosecution against the drivers). THC concentrations were in the range 0.1–49.9 ng/ml. Our results clearly illustrate the huge prominence of cannabis among substances involved in DRUID. This study also highlights some pitfalls of the DRUID repression policy currently followed by France, especially interpretation of low concentrations of drugs of abuse (in our study, 28.2% of drivers found positive for cannabis at the immunoassay screening had blood THC levels < 1 ng/ml): since no minimum threshold for blood concentrations has been defined in our country the fate of arrested drivers is prone to vary depending on the sensitivity of techniques employed from one laboratory to another, which might contradict the principle of equality of citizens before the law.