Facing death in the early days of life: Inequality between the sexes in enlightenment demographic thought

The first measurements of differential mortality by sex took place at the end of the seventeenth century. Once its existence has been clearly shown during the eighteenth century by the works of Struyck, Kersseboom, Süssmilch, Deparcieux and others, what analysis emerged? If one of the two sexes benefited from a longer life, was this rule valid in all places and for all ages? All the demographers observed that such a difference began during infancy and childhood. How can it be explained that children were not equal in the face of death? Why did so many boys die before their teenage years? We can find several types of explanation: the will of God, the natural order, the biological constitution and the social habits of children of more than one year old.     

A Renaissance Man in Memory: Appayya Dīkṣita Through the Ages

This essay is a first attempt to trace the evolution of biographical accounts of Appayya Dīk?ita from the sixteenth century onward, with special attention to their continuities and changes. It explores what these rich materials teach us about Appayya Dīk?ita and his times, and what lessons they offer about the changing historical sensibilities in South India during the transition to the colonial and postcolonial eras. I tentatively identify two important junctures in the development of these materials: one that took place in the first generation to be born after his death, when the idea of him as an avatar of ?iva was introduced, and another at the end of the nineteenth century and the beginning of the twentieth, when many new stories about his encounters with his colleagues and students surfaced. The essay follows a set of themes and tensions that pertain to Appayya Dīk?ita’s social and political affiliations, his sectarian agendas, and the geographic sphere of his activities. These themes and tensions are closely related and prove to be surprisingly resilient, despite the many changes that occurred during the five centuries of recollection that this essay sketches. This overall coherence, I argue, is integral to Appayya Dīk?ita’s sociopolitical context and self-chosen identity.     

Appayya’s Vedānta and Nīlakaṇṭha’s Vedāntakataka

The seventeenth century author Nīlaka??ha Caturdhara wrote several works criticising the Vedāntic theology of the sixteenth century author, Appayya Dīk?ita. In one of these works, the Vedāntakataka, Nīlaka??ha picks out two doctrines for criticism: that the liberated soul becomes the Lord (ī?varabhāvāpatti), and that souls thus liberated remain the Lord until all other souls are liberated (sarvamukti). These doctrines appear both in Appayya’s Advaitin and in his ?ivādvaitin writings. They appear to be ones to which Appayya was committed. They raise theological and conceptual problems, however, both in themselves as doctrines, and as part of nondual Vedāntic teaching. A study of the Vedāntakataka reveals those features of Appayya’s Vedānta that Advaitins in Banaras in the century after his life considered to be anomalous, and illuminates aspects of the context in which his ideas developed and circulated.     

Spike lee's do the right thing : Filmmaking in the American grain

Spike Lee's Do the Right Thing is one of the most important American films of the 20th century. On one level it raises questions about racial conflict in New York City during the 1980s but, on another, about the struggle to be human in America, specifically the requirements of a justice that takes into account the needs of all. In other words, the film is about the struggle each of us faces to recognize each other as a being of value and worth regardless of our state- and market-defined merits or deserts. The authors argue that Do the Right Thing is a film consistent with the true American character which reflects a desire to be not a power-wielding sovereign but a person connected to a community of human concern, one in which the needs of all are taken into account.     

Universal Legal Concepts? A Criticism of “General” Legal Theory

Abstract. General theory of law (general jurisprudence, allgemeine Rechtslehre) has often claimed to deal with general or universal concepts, i.e., concepts which are deemed to be common to any legal system whatsoever. At any rate, this is the classic determination of such a field of study as provided by John Austin in the nineteenth century—a determination, however, which deserves careful analysis. In what sense, indeed, can one assert that some legal concepts are common to different legal systems? And, above all, in what sense can one assert that some concepts are common to different languages and cultures? My paper sets out to discuss such questions—although, obviously, they are too complicated to be answered in a single paper. The first section reconstructs the Austinian argument for general jurisprudence by placing it in its historical context. The second section tries to apply to legal concepts some suggestions derived from the contemporary debate on conceptual relativism. The third section, returning to the Austinian problem, comes to the following conclusion: Even if conceptual relativism were true and there were no general or universal legal concepts, this would not invalidate in any way the didactic and scientific value of (general) theory of law.     

Houses,heirs, and non-heirs in the adour valley: Social and geographic mobility in the nineteenth-century

“Providing for the children's future” is a problem that parents should solve by the time children reach adulthood. In the case of a peasant family, the solution involved giving children part of the estate. In the Pyrénées, landownership as well as social status were bequathed to a single heir, while the other children had to leave the family house. What became of these others and where do they go? A small village from the Adour plain has been chosen to show how the system functioned during the nineteenth century, which was replete with economic crises. The study shows that roles and the duties connected with them changed during this century: internalization of local social norms was no longer going to be as successful as in the past. Also, the meaning of the family changed. Earlier, a simple domestic group working for the House, the family began to take on more autonomy as a production unit and started a long trend towards being a haven, a protector of the weak, old and unmarried members of the family.     

从绝对理性到相对理性——民法法典化的思路

如何制定我国民法典 ?学者们意见分歧较大 ,有学者将其归纳为三种思路即英美式、法国式和德国式。三种思路中的法国式、德国式的主张均强调民法典内部结构的逻辑性和体系性 ,注重法典的形式理性。然而 ,纵观 2 0世纪以来 ,各国民法典为迎合社会、经济发展的需求而发生的种种变化表明 ,传统的民法典试图将所有的民事法律规范纳入其中的设计只不过是一个梦想而已 ,其所倡导的形式理性正在从绝对理性向相对理性转变 ,社会需要的是一部更多体现实质理性的民法典。基于此 ,笔者认为 ,我国在制定民法典的思路中应选择制定颁布单行法 ,即形成一部体系开放的实质上的民法典 ,而非传统民法所倡导的形成一部逻辑性极强 ,容纳内容有限的形式上的民法典 ,以符合当代的社会、经济的发展需求     

Theft in Sweden 1831?1998

This paper on theft in Sweden analyses crime and reactions to crime in non-individual, structural terms. The data used stems from Swedish convictions statistics which are available for the period since 1831. Swedish trends in theft convictions follow an international pattern with reductions during the second half of the 19th century and settling at a comparatively low level during the decades around the turn of the 20th century. A sharp occurred after the mid-1920s until the mid-1980s. Upon closer examination, this increase took the form of an S-curve whose course resembles that of goods production. One interpretation is that once a basic level of material security had been guaranteed, theft convictions followed the availability of goods; with more to consume, there is more to steal, and levels of control tend to diminish. Howthat ever, this interpretation may not apply to a smaller proportion of convictions ? those which concern persistent offenders. Their development differed in one decisive manner from that of casual offenders ? the steep rise is very sudden and occurred first after the Second World War. An explanation based on the relationship between livelihood, excessive alcohol consumption and theft is put forward.     

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.     

中英刑法上强奸罪之比较

英国自上世纪中叶至本世纪初对强奸罪做过多次修改,当今英国强奸罪的概念与过去相比已有本质上的区别。从纵向评析英国强奸罪概念的发展过程,横向比较中英两国强奸罪的概念和构成,有助于深入探讨我国有关强奸罪法律所存在的问题。例如,强奸罪受害人是否仅限于女性,性行为指向是否仅限女性生殖器,婚内强奸是否构成犯罪,以及如何立法保障男性免受鸡奸等行为的侵害。     

Kinship,ritual kinship and political milieus in an alpine Valley in 19th century

In my paper I will present some results about ritual kinship and political mobilization of popular groups in an alpine Valley: the Val de Bagnes, in the Swiss canton of Valais. There are two major reasons to choose the Val de Bagnes for our inquiry about social networks: the existence of sharp political and social conflicts during the 18th and the 19th century and the availability of almost systematic genealogical data between 1700 and 1900.

The starting point of my research focuses on this question: what role did kinship and ritual kinship play in the political mobilization of popular groups and in the organization of competing factions? This question allows us to shed light on some other uses and meanings of ritual kinship in the local society. Was ritual kinship a significant instrument for economic cooperation? Or was it a channel for patronage or for privileged social contacts? The analysis highlights the importance of kinship and godparentage for the building of homogeneous social and political networks.

If we consider transactions between individuals, the analysis of 19th century Val de Bagnes gives the impression of quite open networks. Men and women tried to diversify their relations in order to avoid strong dependency from powerful patrons. Nevertheless, when we consider the family networks, we can notice that most relations took place in a structured social space or a specific “milieu”, were intense contacts enhanced trust, although political allegiances and social choices were not fully predictable on the basis of such preferential patterns.

In a politically conflictual society, like 19th century Bagnes, ritual kinship interacted with kinship solidarities and ideological factors shaping dense social networks mostly based on a common political orientation. Such milieus sustained the building of political factions, which show surprising stability over time. In this sense, milieus are important factors to understand political and religious polarization in 19th century Switzerland.     

Kinship,ritual kinship and political milieus in an alpine Valley in 19th century

In my paper I will present some results about ritual kinship and political mobilization of popular groups in an alpine Valley: the Val de Bagnes, in the Swiss canton of Valais. There are two major reasons to choose the Val de Bagnes for our inquiry about social networks: the existence of sharp political and social conflicts during the 18th and the 19th century and the availability of almost systematic genealogical data between 1700 and 1900.The starting point of my research focuses on this question: what role did kinship and ritual kinship play in the political mobilization of popular groups and in the organization of competing factions? This question allows us to shed light on some other uses and meanings of ritual kinship in the local society. Was ritual kinship a significant instrument for economic cooperation? Or was it a channel for patronage or for privileged social contacts? The analysis highlights the importance of kinship and godparentage for the building of homogeneous social and political networks.If we consider transactions between individuals, the analysis of 19th century Val de Bagnes gives the impression of quite open networks. Men and women tried to diversify their relations in order to avoid strong dependency from powerful patrons. Nevertheless, when we consider the family networks, we can notice that most relations took place in a structured social space or a specific “milieu”, were intense contacts enhanced trust, although political allegiances and social choices were not fully predictable on the basis of such preferential patterns.In a politically conflictual society, like 19th century Bagnes, ritual kinship interacted with kinship solidarities and ideological factors shaping dense social networks mostly based on a common political orientation. Such milieus sustained the building of political factions, which show surprising stability over time. In this sense, milieus are important factors to understand political and religious polarization in 19th century Switzerland.     

Assessing the Impact of Leather Industries on Groundwater Quality of Vellore District in South India Using a Geochemical Mixing Model

Abstract

Deterioration of groundwater quality is one of the most critical issues in twenty-first century. The direct relations of water with all the living beings make it an extremely important commodity. Sources of pollution may be of natural or anthropogenic origin. Nowadays anthropogenic sources of pollution are much more than natural sources. India has 1083 tanneries, in which 577 are in Tamil Nadu which accounts for 44% of the total production of India. Vellore district has an indispensable place in the list. Over the 30–40?years groundwater around tanneries has become seriously polluted.     

美国企业法人的言论自由权与竞选资金规制

竞选资金规制是20世纪70年代以来美国言论自由诉讼的三个焦点问题之一。2010年的“联合公民案”提出了公司法人的言论自由权问题，其核心在于：竞选资金是否是言论？公司法人是否是言论自由权的主体？本文分析议会与最高法院在公司法人的竞选资金规制问题上的分歧，对“联合公民案”中的法律争议进行评析，并在此基础上探析公司法人言论自由权法律争议的深层次原因。     

Bequests to widows and their property in early modern England

This paper analyses those wills made by persons with the surname Farrer between 1500 and 1849 that mention both a widow and children in order to see how different testators divided their property when the interests of more than one family member had to be considered. It is argued that the economic position of women following widowhood was weaker in the eighteenth century than it had been earlier. In the eighteenth century, fewer widows were appointed executrix of their husband's estate and fewer received a share of the residue of the estate. Relatively more bequests of houses and land went to children and not to the widow. These trends occurred in all regions we examined and were experienced by all social groups who made wills. However, while husbands in the eighteenth century were relatively less generous to their widows in their wills than their predecessors, their widows were far from destitute, often receiving some land, cash and goods in addition to a house.     

Bequests to widows and their property in early modern England

This paper analyses those wills made by persons with the surname Farrer between 1500 and 1849 that mention both a widow and children in order to see how different testators divided their property when the interests of more than one family member had to be considered. It is argued that the economic position of women following widowhood was weaker in the eighteenth century than it had been earlier. In the eighteenth century, fewer widows were appointed executrix of their husband's estate and fewer received a share of the residue of the estate. Relatively more bequests of houses and land went to children and not to the widow. These trends occurred in all regions we examined and were experienced by all social groups who made wills. However, while husbands in the eighteenth century were relatively less generous to their widows in their wills than their predecessors, their widows were far from destitute, often receiving some land, cash and goods in addition to a house.     

Turning the Tables on Legal History: Parker's Common Law,History, and Democracy in America

Parker's Common Law, History, and Democracy in America joins an ongoing effort to turn the tables on “law and …” by replacing the familiar question “What can history, sociology, and cultural studies tell us about law?” with a new line of inquiry asking “What can law teach us about the reach and limits of disciplinary thinking?” In his study of the reception of common law into nineteenth‐century American jurisprudence, Parker unearths a notion of time based on stability and repetition that challenges the dominant modernist and historicist approach to the writing of law and history. Parker, however, shies away from drawing the full implications of this move and it remains unclear whether, in the final analysis, he escapes the spell of legal historicism.     

Farm transmission and the commercialization of agriculture in northern Maine in the second half of the 19th century

The transition to capitalism has been one of the most discussed issues in the historiography of the rural United States in the 18th and 19th centuries, but the typology, and the “market revolution” construed upon it, are problematic. The article explores some of these problems by examining the commercialization of eastern Canadian agriculture, which was a prolonged process starting in the beginning of the 19th century in the St. Lawrence–Great Lakes axis and ending during the 1960s in the outlying parts of Quebec, Ontario, and the Maritime Provinces. It is difficult to identify clear trends in the numbers yielded by evidence from this region for the time period in question. Highly commercial farms were more likely than the others to transfer all their property to their children. Deficit farmers were much more likely than the others to transfer all their property to outsiders. But the data do not support the view that farmers who were keen on turning their farms into moneymaking businesses adopted property transmission practices that were markedly different from the others. And before the 1830s, there was really no need to have strategies in place because land was plentiful.     

再议宪政

18世纪晚期以来,民主一直是人类政治生活的主题,民主化进程成了社会进步的主要评判标准,然而,实现了民主并不能保证没有了政治迫害,现实的民主远没有实现人类赋予它的使命。民主不能使任何个人的利益都得到切实的实现和保障。为了切实的保障个体的权利和利益,人类在反对一切特权民主的同时不得不对民主本身(民主本身也是一种特权,多数人的特权)加以限制,这就是宪政。那么宪政的真正涵义是什么?宪政的基本精神是什么?它与宪法到底是什么样的关系?宪政与民主到底是什么样的关系?本文将就这几个问题作出初步的回答。     

Effect of family rupture and recomposition on the children of New France

Using the biographies of nearly 10,000 children born in New France during the seventeenth century, this study looks at the phenomenon of single parenthood from the children's point of view. Since separation and divorce were uncommon during this period, marital disruptions only occurred through the death of one of the partners. In New France, half of all children witnessed the disruption of their parents' marriage before having reached emancipation. The article examines the impact on family characteristics (family size and number of emancipated children), as well as the contribution of age-ranking within the family to the likelihood that the children would live in a reconstituted family.