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1.
To marry has never been an egalitarian option or everybody's wish. There have always been calculations or considerations, structural or individual hindrances and even societal restrictions for individuals to get married despite wishing to do so. Without any doubt and apart from the debate on determination or love and free choice in former times, to marry has always been a societal event, a mutual relationship between personal wishes and societal environmental expectations.And apart from all the debates on paradoxes in modernization processes, it is clear that in pre-modern times societal marriage restrictions were widespread.It is very unlikely that people should have been forbidden to marry because they should not have sexual contacts, just for morality reasons. The keys have been considerations and calculations on reproductivity, economic and social resources, social and human capital. This paper deals with aggregated vital data from four parishes in Styria, Austria, covering the outgoing 17th century until the end of the 19th century, in order to detect hints of marriage restrictions.The paper proves the well-known variety of marriage systems in pre-industrial and pre-modern times. It supports the idea that the presence of marriage restrictions hindered population growth, but the absence of such restrictions did not automatically foster more societal transparency and developmental chances in a modern sense, as mortality and inequality were very strong factors in pre-modern agrarian societies. In the end, the question of marriage restrictions was apparently posed and answered by privileged groups.  相似文献   

2.
To some extent the nature of the marriage contract has always been ‘about’ sex. Yet it is only in recent years that sex has become an explicit aspect of the legal test of capacity to marry. This paper explores how that test has been developed by the courts since the late 19th century. Through an examination of the case law it traces the nature of the relationship between sex and the capacity to marry; explores how capacity to consent to sexual relations has become a prominent strand within capacity to marry; and asks whether one effect of that prominence has been to marginalise the necessity for an individual to understand certain other important aspects of the marriage contract when assessing his or her capacity to marry.  相似文献   

3.
Under the legal restrictions on marriage in the Tyrol and Vorarlberg region of Austria between 1820 and 1920, members of the lower classes could marry only with the prior consent of the village authorities. Local and provincial politicians justified the necessity of these laws on the basis of the overpopulation and widespread impoverishment, which, they alleged, had resulted from the rise in lower-class marriages since the onset of industrialization. An analysis of the background and objectives of these legal interventions into marital behavior, however, reveals a different picture in regard to their effect and their effectiveness. The limitations on marriage affected life most profoundly in precisely those areas where people already tended to marry less often and later in life. Where changes in marital behavior did occur, they did not conflict with traditional behavior but rather resulted from the adaptation of the latter to altered living and working conditions. Thus it was material considerations that led the group of new wage-earners to delay or even forego marriage. The analysis shows that the limitations on marriage were directed less against the supposed causes of impoverishment than towards the continuation of social inequality in marriage and the stabilization of the status quo.  相似文献   

4.
Under the legal restrictions on marriage in the Tyrol and Vorarlberg region of Austria between 1820 and 1920, members of the lower classes could marry only with the prior consent of the village authorities. Local and provincial politicians justified the necessity of these laws on the basis of the overpopulation and widespread impoverishment, which, they alleged, had resulted from the rise in lower-class marriages since the onset of industrialization. An analysis of the background and objectives of these legal interventions into marital behavior, however, reveals a different picture in regard to their effect and their effectiveness. The limitations on marriage affected life most profoundly in precisely those areas where people already tended to marry less often and later in life. Where changes in marital behavior did occur, they did not conflict with traditional behavior but rather resulted from the adaptation of the latter to altered living and working conditions. Thus it was material considerations that led the group of new wage-earners to delay or even forego marriage. The analysis shows that the limitations on marriage were directed less against the supposed causes of impoverishment than towards the continuation of social inequality in marriage and the stabilization of the status quo.  相似文献   

5.
ABSTRACT

While marrying was an expected event in 19th-century Western society and has been subject to much historical research, there are few studies on how disabilities influenced people’s marriage patterns and spouse selection. The aim of this analysis is to contribute clarification on this issue by examining with whom disabled men and women married and the marital age and socio-demographic characteristics of them and their spouses. In total, 188 disabled individuals born in the first half of the 19th century and who married in the Sundsvall region, Sweden, are studied. The results reveal that disabled men and women did not marry each other, and they entered into marriage at a slightly higher age than the average, although there was usually no marked age gap between them and their spouse. Endogamous patterns were primarily found regarding the socio-spatial background of the two spouses. This analysis is one of the few studies identifying the marriages among a comparatively large number of disabled people using demographic data. Their participation in the partner pool highlight their agency historically and emphasize that disability did not lead to distance from social life in past society.  相似文献   

6.
This paper studies the formation of marriage relationships between households in 19th century, Tama, Japan. Previous studies on marriage market or partner selection in the Japanese past tended to rely either on information from a single village in case of statistical analysis, or on collection of oral histories. By using the information from a household register that covers 35 villages, and applying a method of social network analysis, this paper goes beyond the limitation of previous studies. Our empirical results show that there was a tendency for socioeconomic homogamy and endogamy (within kinship and within village) among peasants in the mid 19th century Tama, Japan.  相似文献   

7.
This paper studies the formation of marriage relationships between households in 19th century, Tama, Japan. Previous studies on marriage market or partner selection in the Japanese past tended to rely either on information from a single village in case of statistical analysis, or on collection of oral histories. By using the information from a household register that covers 35 villages, and applying a method of social network analysis, this paper goes beyond the limitation of previous studies. Our empirical results show that there was a tendency for socioeconomic homogamy and endogamy (within kinship and within village) among peasants in the mid 19th century Tama, Japan.  相似文献   

8.
This essay examines the ways in which women lawyers of two generation–the pioneer generation of the 1880s and the "new woman" generation of the 1910s–confronted the dilemma of marriage and career. Members of the Equity Club in the 1880s revealed three distinct sets of attitudes toward balancing marriage and career: the separatist approach that a professional woman must remain single; the Victorian attitude that a married woman must sacrifice her career; and the integrated approach that a woman could have both marriage and career. Women lawyers surveyed by the Bureau of Vocational Information in 1920 revealed that the "new woman" generation of women lawyers lived in an era of transition. While they shared the same separatist, Victorian, and integrated views toward marriage and law practice as did women lawyers in the 1880s, they also embraced the new values of the early 20th century which shaped both the contours of the legal profession and the parameters of women's lives. Set within the context of the new values of the era, the separatist, Victorian, and integrated approaches to resolving the dilemma of marriage and career, which were originally formulated by women lawyers in the late 19th century, assumed new meanings for women lawyers in the early 20th century.  相似文献   

9.
江毅 《时代法学》2007,5(1):110-120
日本内缘婚又被称为事实婚姻,产生于19世纪后期日本民法典颁布之后,并随着日本社会的发展而处于不断的演变之中。从内缘保护的法的形成、内缘关系成立的要件及内缘婚的法律效果三个方面来看,中日两国的事实婚姻制度既具有相同之处,也有不同的地方。  相似文献   

10.
The article addresses the belief that the Early Modern period and the early 19th century were characterized by “many” remarriages. The confusion in the analysis, however, between proportion and intensity has led much research down the wrong track. The evolution in remarriage intensity and in some other sociodemographic remarriage characteristics was measured for the period 1800–1913 in Leuven, Aalst, and Bierbeek—three areas with different socioeconomic structures and cultural climates. Comparison of the age-specific ratios shows that the remarriage probability of widowed people was often lower than first-marriage probability of those not previously married, even in the first half of the 19th century. In so far as our data are representative of the Early Modern period, the claim that “many” remarriages took place then must be put into perspective. In fact—with the exception of young widowers—fewer remarriages than first marriages often occurred. The proportion of remarriages fell from 20–25% in the first half of the 19th century to 10–15% by the end of the century. The most frequently occurring remarriage type was that between a widower and an unmarried woman; the least common was between a widower and a widow. An additional cultural factor was that from approximately the mid-19th century on, first marriage was so central to the development of a private social environment and was so highly valued that a watered-down version, in the form of remarriage, was held in low esteem and even rejected.  相似文献   

11.
The article addresses the belief that the Early Modern period and the early 19th century were characterized by “many” remarriages. The confusion in the analysis, however, between proportion and intensity has led much research down the wrong track. The evolution in remarriage intensity and in some other sociodemographic remarriage characteristics was measured for the period 1800–1913 in Leuven, Aalst, and Bierbeek—three areas with different socioeconomic structures and cultural climates. Comparison of the age-specific ratios shows that the remarriage probability of widowed people was often lower than first-marriage probability of those not previously married, even in the first half of the 19th century. In so far as our data are representative of the Early Modern period, the claim that “many” remarriages took place then must be put into perspective. In fact—with the exception of young widowers—fewer remarriages than first marriages often occurred. The proportion of remarriages fell from 20–25% in the first half of the 19th century to 10–15% by the end of the century. The most frequently occurring remarriage type was that between a widower and an unmarried woman; the least common was between a widower and a widow. An additional cultural factor was that from approximately the mid-19th century on, first marriage was so central to the development of a private social environment and was so highly valued that a watered-down version, in the form of remarriage, was held in low esteem and even rejected.  相似文献   

12.
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.  相似文献   

13.
14.
Intermarriage is generally regarded as the litmus test in the process of assimilation of ethnic-minority groups. The Jewish community in Amsterdam was a religious minority. When a Jew married a Gentile it was assumed that Judaism lost a family. Odds ratio calculations based on marriage tables for 1911–1941 show that the rate of intermarriage among Jews was much lower than among Catholics, Protestants and religious unaffiliated. Although the Jewish community might still be more homogeneous than the Protestant and Catholic communities, it was rapidly assimilating as the log odds ratios for Jews dropped more heavily. While mutual aversion is reflected in the remaining high log odds ratios for Jewish–Catholic marriages, Jewish–Protestant marriages and Jewish–unaffiliated marriages increased because of the higher propensity among Protestants to marry a Jew and the higher propensity among Jews to marry an unaffiliated spouse from the 1920s onwards. Next, we created life courses for a sample of 480 descendants from Jewish grandparents living in Amsterdam in 1941 of whom we know were married to a Gentile or to a Jew. The collected data from the Amsterdam registry allow us to test several hypotheses on preferences, opportunities and third parties in a logistic regression analysis. One's own affiliation significantly influenced the preference to marry a Gentile or a Jew. Successive marriage cohorts showed a higher chance to marry a Gentile among those who had Jewish parents at birth. A similar but weaker effect is found for those born in the old Jewish neighborhood. These differences in effect on later marriage cohorts indicate that religious and social barriers within the Jewish community had largely diminished. Opportunities like the social network of the mother and the living district during one's adolescents' age also significantly influenced the choice of a spouse.  相似文献   

15.
A study of reconstituted families reveals that in the 19th century, Basque women from propertied families appear to have migration patterns different from their brothers and from sharecroppers' daughters. When these women could not inherit the family property or marry an heir in the village, they frequently chose the urban option rather than emigration to America, often remained single, mainly took unskilled jobs, and returned to the villages of their birth upon retirement. Those who married in the cities did so to maintain or improve their social status through endogamous or exogamous marriages. Examples of differing Basque inheritance practices among the moderately wealthy – the traditional firstborn versus one of the younger siblings of either sex – are offered. The case study of S–M family illustrates women's rural and urban migration trends over three generations.  相似文献   

16.
This article examines how migrants settled and formed families in two Swedish towns—Linköping and Sundsvall—with different occupational structures during industrialization. Sex- and socio-economic differentials in the rural–urban and urban–urban migration are discussed, as well as persistence rates in the new urban environment among different social groups. Analysis of in-migration and marriage patterns shows that social and geographical endogamy are equally significant in the two towns. Migrants tended primarily to marry migrants and town-born primarily to marry town-born. Moreover, relatively closed marriage boundaries were found among the in-migrants: those that came from an urban background tended to find an “urban partner.”  相似文献   

17.
This article examines how migrants settled and formed families in two Swedish towns—Linköping and Sundsvall—with different occupational structures during industrialization. Sex- and socio-economic differentials in the rural–urban and urban–urban migration are discussed, as well as persistence rates in the new urban environment among different social groups. Analysis of in-migration and marriage patterns shows that social and geographical endogamy are equally significant in the two towns. Migrants tended primarily to marry migrants and town-born primarily to marry town-born. Moreover, relatively closed marriage boundaries were found among the in-migrants: those that came from an urban background tended to find an “urban partner.”  相似文献   

18.
In this article a comparison is drawn between the historical Western European marriage pattern (WEMP), and more recent trends in nuptiality in Arab countries. This comparison makes clear that marriage behavior in the present-day Arab world shows striking similarities to nuptiality patterns which have been described by Hajnal and adherents as typically Western European. Due to a combination of economic hardship, ever growing costs in the marriage ceremony, prolonged education and the emancipation of women, people in the Arab world have started to marry at ever higher ages during the past decades. Moreover, there are indications that universal marriage is in decline. Just as Western European couples in the nineteenth century had to spend years of saving in order to meet the economic requirements for marriage, young couples in today's Arab world have to postpone marriage as they are only at a more advanced age able to bear the economic burden involved in getting married. Striking is also the fact that marriage restriction in both societies started at a moment when the social and legal position of women was improving (in late Medieval Western Europe and today in the Arab world). However, in some ways the historical Western European marriage pattern differs from the contemporary Arab pattern. No other marriage regime has been able to completely reduce fertility and balance population growth to economic development. Whereas population growth in pre-twentieth century Europe was only restricted by nuptiality control, demographic expansion in present day Arab society is also restricted by modern family planning. Declining nuptiality in the Arab world can however not, as some might assume, be put under the header of the Second Demographic Transition observed in Western societies, from the 1960s on. After all, until today, a rise in cohabitation and extra-marital births has not occured in the Arab world.  相似文献   

19.
ABSTRACT

This contribution focuses on four periods in Iceland, from the early twentieth century until the time of writing, in order to document and analyse the struggles of people with intellectual disabilities to marry, have a family and maintain custody of their children. Each period is linked to specific pieces of legislation that governed the bodies and lives of disabled people and reflected larger social norms concerning issues of family life and parenthood. An emphasis is placed upon the perspective of contemporary critical disability studies in analysing the historical development of this struggle, and the voices of those who experienced this struggle first-hand, drawn from a number of research projects conducted in Iceland. Our main contention is that the weight of history still comes to bear upon matters of parenting and family life, even in the most recent shift toward a human rights approach to disability. There remains a strong socio-cultural resistance toward parenting with an intellectual disability, rooted in the ideology of early twentieth-century eugenics. Our goal is to document the development of these phases throughout the twentieth century in Iceland in order to illustrate how older ideas and prejudices still inform contemporary child protection practices concerning parents with disabilities.  相似文献   

20.
Marriage is central to theoretical debates over stability and change in criminal offending over the life course. Yet, unlike other social ties such as employment, marriage is distinct in that it cannot be randomly assigned in survey research to more definitively assess causal effects of marriage on offending. As a result, key questions remain as to whether different individual propensities toward marriage shape its salience as a deterrent institution. Building on these issues, the current research has three objectives. First, we use a propensity score matching approach to estimate causal effects of marriage on crime in early adulthood. Second, we assess sex differences in the effects of marriage on offending. Although both marriage and offending are highly gendered phenomena, prior work typically focuses on males. Third, we examine whether one's propensity to marry conditions the deterrent capacity of marriage. Results show that marriage suppresses offending for males, even when accounting for their likelihood to marry. Furthermore, males who are least likely to marry seem to benefit most from this institution. The influence of marriage on crime is less robust for females, where marriage reduces crime only for those with moderate propensities to marry. We discuss these findings in the context of recent debates concerning gender, criminal offending, and the life course.  相似文献   

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