Family systems in central Russia in the 1830s and 1890s

Czap, Moon, and Mironov have suggested that two regional models for the rural family existed side by side in 19th-century Russia. This article approaches the question by examining the rural family as a statistically describable system occurring in a given economic and institutional context. The material applies to 8 local communities representing central Russia in the 1830s and 11 in the 1890s, the majority being the same communities in both cases. The aim is to determine from the household arrangements, economies, and institutional frameworks of these communities the kind of context in which a certain family system occurred. By relating these conclusions to data on the economic circumstances and social structures of the different parts of central Russia, two regional family systems are identified. Czap's “Eastern European family type” predominated in this area in the 1830s. Because the reforms and reorientation of economic activities in the 1860s brought about changes in household arrangements, however, a pattern characteristic of communities with a substantial degree of social stratification became the norm for most of the area.     

Cohabitation in imperial Russia: the case of Lithuania

The main object of this article is to reveal the reasons for cohabitation among Catholics in Kovno gubernia, the biggest administrative district in Imperial Russia's province Lithuania, from the nineteenth to the start of the twentieth centuries. The article also seeks to answer the questions: how widespread was cohabitation in Lithuania, and what were society's attitudes towards cohabitation? The research is heavily built on archive sources. The most important group of them used in this article are the so-called files ‘Trials on Depraved Lifestyles’ (‘Дело о блудной жизни’), documents from the Curia of the Samogitian Diocese from 1813–1915.     

Migration and the household: Urban living arrangements in late 19th- to early 20th-century Russia

Examining population census data for the late 19th and early 20th century, this article examines the impact of rural–urban migration during the first wave of Russia's industrialization on urban living arrangements. The author finds effects that echo the experience of other industrializing nations, notably the proliferation of board and lodging arrangements, and phenomena that are more peculiar to the Russian situation. Notably, the system of landholding and associated legal and fiscal constraints complicated migrants' separation from the village and put a premium on cyclical and return migration rather than outright urbanization. These conditions were conducive to the formation of collective non-family households of labour migrants, artely, which were an important mechanism for cutting living expenses and increasing the share of earnings remitted to the village and the family household back home.     

Migration and the household: Urban living arrangements in late 19th- to early 20th-century Russia

Examining population census data for the late 19th and early 20th century, this article examines the impact of rural–urban migration during the first wave of Russia's industrialization on urban living arrangements. The author finds effects that echo the experience of other industrializing nations, notably the proliferation of board and lodging arrangements, and phenomena that are more peculiar to the Russian situation. Notably, the system of landholding and associated legal and fiscal constraints complicated migrants' separation from the village and put a premium on cyclical and return migration rather than outright urbanization. These conditions were conducive to the formation of collective non-family households of labour migrants, artely, which were an important mechanism for cutting living expenses and increasing the share of earnings remitted to the village and the family household back home.     

Mobster gravestones in 1990s Russia

The luxurious cult of memory at Russian mobster gravesites represents both a break with past tradition and also a valuable insight into the country's criminal cultures – both Christian and Moslem. Drawing primarily from first-hand exploration of mobster gravesites in Moscow and Ekaterinburg, this article considers the way the cemetery is now used as a medium through which to glorify those who have prospered in the cutthroat economy of Russia of the 1990s and then became its victims, as well as the new iconography at work, and its wider implications.     

家族信托的法律困境与发展

2013年年初首个家族信托案例在中国大陆出现,受到了媒体和学界的关注.家族信托这个源自于英国的法律制度已经在世界很多国家长期承担着税务安排和家庭成员照料等功能,但我国法律界对其还没有深入研究.信托在我国现在还主是一种融资手段,并没有承担起财产管理的传统任务,所以对家族信托这种财产管理型信托的研究,有助于我国信托制度的整体发展和转型.本文考察了现有家族信托的形式和内容,研究了家族信托在传统和现代的功能,并分析了我国现有法律制度下,家族信托的立法空白和限制,在此基础上,结合我国家族信托的生长环境提出了改革的方向.     

Family formation and everyday travel in Britain since c.1850

This paper focuses on the extent to which everyday travel behaviour in Britain changes in relation to family responsibilities, and examines how this has altered over the past century and a half. It is argued that prior to the mid-twentieth century changes in the family such as increased child-care responsibilities barely influenced the modes of transport used for everyday travel, but that increasingly in the later twentieth century people adjusted their travel behaviour during the family formation phases of the life cycle. In particular, parents of young children have become more car-dependent and less likely to walk or cycle. Data are drawn from two separate projects, one that collected travel life histories from the past half-century as context for research on cycling in later life, and one that uses personal diaries to reveal everyday mobility strategies of people in the nineteenth and early twentieth centuries. It is argued that the observed changes are due not only to increased access to a wide range of different transport forms, especially the motor car, but also to changes in societal perceptions of risk and norms of travel behaviour. In conclusion, it is suggested that more awareness of past travel behaviours could aid the development and implementation of more sustainable transport policies in the UK.     

俄罗斯现代土地权利构成与发展走向

20世纪90年代以来的俄罗斯土地权利立法变迁,分别以土地再分配和土地权利有效实现为阶段性目标,形成了公私并存的土地所有权体系,以土地租赁为主、限制物权为辅的土地利用制度格局和以公法为主、私法为辅的土地权利规范调整模式。当前在俄罗斯联邦民法典现代化驱动下,对土地以及其他自然资源权利的法律调整彻底回归到私法框架中来,遵循物权逻辑改造土地权利体系,强化土地权利稳定性,扩充土地限制物权类型,增加公民、法人利用土地的机会成为俄罗斯土地权利立法再发展的主旨方向。     

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.     

俄罗斯死刑状况论析

反对"国家杀人"的废止死刑运动已成为国际趋势。历史上,俄罗斯死刑经历了从私刑向国家刑罚转化之后,死刑强弱同封建政治统治变化之间密切关联,其间不乏废止死刑的努力。苏联虽大力推动死刑废止,反而出现了特定时期的死刑滥用,死刑长期处于"明废而实有"的状态。加快国际化进程,尤其是加入欧盟的努力,为俄罗斯死刑废止注入了强大的推动力。但与此同时,国内社会矛盾多发,有组织犯罪严重,特别是面对极端纳粹组织———光头党的血腥行为,俄罗斯完全实现死刑废止,面临着国内民意以及各种政治势力间的极大挑战。     

论中国民法典婚姻家庭编的立法理念与制度新规

《民法典》婚姻家庭编的编纂,根据加强国家对婚姻家庭的保护、倡导重视家庭文明建设、尊重婚姻家庭当事人的意思自治、注重夫妻婚姻家庭地位的平等、注重儿童最大利益原则的贯彻、注意保护婚姻家庭弱者的权益等立法理念,新增或修改补充了24项制度或规则,主要包括:在"一般规定"章中,新增婚姻家庭受国家保护原则,增设婚姻家庭文明建设的倡导性规定,确立最有利于被收养人原则,界定亲属的种类、近亲属和家庭成员的范围;在"结婚"章中,减少禁止结婚和无效婚姻的法定事由,修改补充可撤销婚姻制度,新增重大疾病的如实告知义务、婚姻无效或被撤销无过错方的损害赔偿请求权;在"家庭关系"章中,新增夫妻家事代理权及其限制规则、夫妻共同债务认定规则、婚内析产规则、亲子关系的确认与否认之诉规则;在"离婚"章中,新增离婚冷静期、婚姻关系解除的时间,补充诉讼离婚准予离婚的法定事由、离婚时处理子女抚养问题规则、离婚夫妻共同财产分割原则,修改离婚经济补偿、离婚经济帮助的适用条件,增加离婚损害赔偿法定事由的兜底条款;在"收养"章中,放宽被收养人的年龄和收养子女的人数限制,修改收养人的条件,增加收养评估规则等。     

城市空巢老人生活状况和社会支持体系分析

之巢家庭老人是老年人中有独特需要的群体。随善社会的老龄化和家庭结构的演变，空巢家庭正迅猛增加。“空巢”家庭的形成是个人、家庭、社会多方面原因综合作用的结果，而社会的因素在其中占着越来越重要的作用。中国的养老问题是一个动态的发展过程，家庭成员虽然仍是空巢老人最主要的照顾资源，但家庭的照顾功能因“空巢”的现实正逐渐弱化，所以居家照顾必须配以适当的杜区照顾，将老年人服务与其他不同年龄和类型的服务区别开来，独立发展，形成一个支持“空巢”老人养老的杜会支持体系。     

评俄罗斯刑事陪审团制度的重建

苏联解体后,俄罗斯以刑事陪审团制度的推行为司法改革的突破口。改革者试图以此促进公平审判和民主政治。该制度实施以来,喜忧参半。从其未来走向来分析,陪审团审判对公平审判目标的实现将是一个长期而复杂的过程;其对民主政体的贡献亦很有限。     

俄罗斯的环境保护与立法权

从20世纪90年代起,俄罗斯开始进行积极的生态立法活动,经过十几年的积累,形成了独具俄罗斯特色的生态法律体系及立法特点,积累了丰富的立法经验。其中关于生态立法一体化以及其他立法的生态化趋向,彰显了俄罗斯生态立法中人与自然和谐统一的生态立法理念和价值诉求。但是,现行俄罗斯生态立法中也存在着立法活动与宪法原则不衔接的问题,而构建协调合理的生态法律体系,必须以能否遵守、实现和维护公民的良好环境享有权作为唯一评判标准。     

家事协议的效力与认定

家事协议是由具备家事行为能力的家庭成员就家庭生活重要事项协商一致达成的约束所有家庭成员之协议。具体司法裁判中,家事协议效力应基于其与法律之多重博弈关系,通过考量司法政策取向、司法能力及其系统性影响等因素来认定和择取案件最佳裁判路径与效果。     

Physically violent husbands of the 1890s and their resources

This article applies Goode's Resource Theory of wife beating to Lane County, Oregon from 1891 to 1900. The sample population consists of 56 women who appeared in divorce suits and claimed that their husbands had physically abused them. The study's findings largely support Resource Theory, although biases in the sample population make it more suggestive than conclusive. Wife beaters of the 1890s tended to be relatively low in economic and social resources, particularly when compared to their wives. The violent husbands' resources appear particularly slight when their psychological resources are considered. The article closes by suggesting that Resource Theory is not necessarily at odds with feminist interpretations of wife battering. Social scientists who assert that husbands' physical violence is more likely when their dominance is pronounced rather than fragile need to define more carefully and detect the actual level of power and resources that particular husbands enjoy.     

Family Support Groups for family members of mentally ill offenders: a pilot study

To date, there is a lack of family interventions for family members of persons with a mental illness who offended (PMIO). With the aim of addressing this issue, a Family Support Group (FSG) has been developed. The current pilot study investigated the impact of two pilot FSGs for family members of PMIO in relation to quality of life, burden, coping strategies, and resilience. Family members completed several questionnaires (i.e. WHOQOL-BREF, ZBI-22, CERQ, RS-nl) both before and after the group intervention. A total of 20 family members participated in both FSGs. The results indicated that participants experienced less self-blame, a decrease in loss of control over their lives, and improved emotional well-being. The findings showed that attending an FSG can be empowering for family members as it offers support in the management of emotional experiences and coping strategies.     

Evaluating the work of Australia's Family Relationship Centres: Evidence from the first 5 years

Family Relationship Centres (FRCs) have been described as a centerpiece of Australia's 2006 family law reforms. This paper places these centres in the larger context of the reforms and their commitment to providing community‐based family services in the family law area. The paper also examines the empirical evidence regarding FRCs' use and effectiveness. It notes that while the objectives and intentions of FRCs place considerable emphasis on strengthening family relationships and assisting families to stay together, the centres themselves have only a modest level of direct involvement with intact families. FRCs tend to have strong links with other community‐based family services, many of whom are more engaged with intact families; but it is difficult to gauge their effectiveness in this area. Most FRCs' direct services are aimed at separating families and most of that work involves family dispute resolution (family mediation) and associated services such as screening and assessment and the provision of relevant information. A substantial majority of clients who attend FDR at an FRC reach agreement about their parenting arrangements either at FDR or subsequent to attending FDR. These agreements also tend to hold up in the medium term. A majority of parents believe that at FDR, the child(ren)'s needs were taken into account; the parenting agreement worked for the child(ren); and the parenting agreement worked for them. A substantial proportion of FRC clients come from families that have experienced family violence or other dysfunctional behaviours, and such behaviours reduce the chances of resolving parenting disputes. The paper concludes by suggesting that having been created mainly as a default alternative to legal interventions and court processes, it is likely that a major future strength of FRCs will lie in their emerging capacity to work constructively not only with other relationship services and networks, but with family lawyers and the courts.     

Effectiveness of Functional Family Therapy for Mandated Versus Non‐Mandated Youth

This study compares the outcomes for youth mandated to participate in Functional Family Therapy (FFT) to those whose participation was referred but voluntary. FFT is a short‐term intervention for delinquents and status offenders, along with their parents. The study sample consists of 120 cases: 70 youth and parents who were mandated by the Family Court to participate in FFT and 50 youth and their parents who were referred to FFT by other agencies. The sample is diverse in terms of gender, race and ethnicity. The outcome variables consist of a set of scales obtained from the Strengths and Needs Assessment (SNA). Changes in life domain functioning, child strengths, acculturation, caregivers' strengths, caregivers' needs, child behavioral emotional needs, and child risk behaviors are assessed. The analysis indicates that both groups improved across all domains. Overall, being mandated to participate in FFT does not predict greater improvements in outcomes. The findings suggest that status offenders and minor delinquents who participated in FFT could be processed less formally without foregoing the therapy outcomes.     

The emergence of the rule of law in Russia

This paper challenges an empirical claim about the commercial courts (arbitrazhnye sudy) made by Kathryn Hendley and her co-authors in their paper “Law, Relationships and Private Enforcement: Transactional Strategies of Russian Enterprise” in Vol. 52, No. 4, Europe-Asia Studies in 2000. Basing their case on a quantitative survey of Russian firms, they conclude that economic actors in the 1990s relied on ‘the law and legal institutions’ because the commercial courts were relatively effective. In order to test this claim about the link between individual behaviour and the judiciary, I ask: What type of belief about corruption was held by Russian economic actors who trusted the commercial courts for conflict resolution at the end of the 1990s? The data set is drawn from a survey of 227 Russian firms made in 1997. I use self-reported data on economic actors’ preference for using or not using the commercial court (in case of a hypothetical conflict about a considerable amount of money) as a proxy for trust. A binary logistic regression model shows that economic actors who accepted corruption as a fact of life at the time of market entry were three times more likely to trust the commercial courts for conflict resolution than economic actors who rejected corruption. This finding contradicts any reasonable definition of the rule of law and suggests that the neo-liberal reformers should have paid more attention to the content – rather than merely to the speed – of reform.