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1.
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   

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Difficulties in securing convictions in nineteenth-century Ireland led the authorities to resort to various methods of ensuring that petty juries delivered guilty verdicts in cases where this was clearly warranted by the evidence. This article examines some of the ‘stratagems’ put forward by David Johnson and suggests a number of other practices which were used, arguing that many of these mechanisms centred around controlling the composition of trial juries. Examples included altering the property qualifications for jurors, the system of asking jurors to ‘stand by’, and the use of fines to compel attendance. While some of these were the legitimate exercise of established procedures, it will be seen that the Crown on occasion abused or over-used its powers.  相似文献   

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In the past decade, the number of rural-to-urban migrant adolescents in urban China has soared. Official criminal justice statistics point to their higher level of deviance compared to urban adolescents. This study examines whether rural migrant children are more delinquent than their urban peers in the school sample. It provides explanations for the gap by linking Hirschi’s social bond theory with the literature on migration in China. Moreover, it formally tests which elements of social bonds mediate the relationship between migrant status and delinquency. Based on a large-scale survey in Guangzhou involving 470 rural migrants and 838 urban junior high school students, our analysis shows that migrant adolescents engage in slightly more delinquent behavior and have weaker social bonds than local adolescents. Attachment to parents and school, commitment to education, and belief in law fully mediate the positive relationship between migration and delinquency. Such findings indicate that within China’s dual urban–rural structure, rural-to-urban migration can increase these adolescents’ exposure to risk factors that undermine their social bonds to conventional society and thus lead to higher levels of delinquency.  相似文献   

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Most research on historical migration patterns has focused on more long-range migration processes such as rural–urban, interregional, or intercontinental flows, neglecting the more local migration patterns, which could also have a profound impact on the rural preindustrial economy. This article analyzes the migration of rural families in 19th century southern Sweden using a longitudinal data set at the microlevel. The analysis shows a rather high mobility of families, the overwhelming majority of whom migrated very short distances. Factors determining the migration decision of these families included access to land and social networks and family composition as well as family type. The results clearly show that migration was an important part of the lives of preindustrial families and that the new migration pattern emerging in the second half of the 19th century, when rural–urban as well as international migration increased considerably, was not so much the result of higher mobility in general but rather a response to changing incentives making long distance migration more attractive.  相似文献   

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This study examines the rates of trial of women on charges of murder at five yearly intervals from 1845 to 1900. Most women in the nineteenth century were charged with murdering their new-born infants or older children, though few were convicted. Also discussed are the rates of trial for charges of "concealment of birth," a charge frequently used when a jury was reluctant to convict an accused woman of the more serious charge of murder.  相似文献   

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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.  相似文献   

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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.  相似文献   

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In the early decades of the nineteenth century the small European societies in Madras (now Chennai) and Bombay (now Mumbai) were divided by disputes of such intensity that the authorities in London feared for the future of British power in India. The divisions were legal and social. In law, the Governors and the Supreme Courts of both cities contested the scope of their respective roles with the arguments focusing on the rights of Indians. Again and again, government took alarm at the ‘pro-Indian’ views of reforming judges. The debates were reflected in European social divisions, thereby making them all the more intransigent; legal allegiance became linked to social allegiance. It was this mixture of the legal and the social which gave the wives and other female relatives of the judges a role in the process of reform. Normally confined to multiple pregnancies and restrained social functions, the divisions in European life gave these women an opportunity to influence legal change. Without making official public statements they took part in the development of ideas about Indian rights.  相似文献   

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Scholars of emotion and the law have sought to demonstrate the significant role emotion plays in shaping the operation of courtrooms, the development of legal theory and practice, and the possibilities for justice. This paper contributes to the discussion by exploring what happens when emotion is ignored or underplayed in trial narratives, seeking to demonstrate that whose emotion is considered to be important can shed light on power dynamics, law and the cultures in which law operates. It does so through a case study of women on trial for murdering their husbands in early nineteenth-century Ireland. It argues that emotion is not simply another species of evidence that can be used in criminal processes, but itself a type of narrative – emotion is constructed and performed by actors in legal dramas and forms a competing story to others in the courtroom space.  相似文献   

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In the late nineteenth and early twentieth centuries, throughout the Pacific Rim, European and American colonizers reorganized indigenous systems of property rights in land to make them look more like European property systems, with disastrous effects for the indigenous people involved. The very first of these schemes, however, was the Māhele of 1845–1855, which took place not in a colony but in the independent Kingdom of Hawaii. Why did the Hawaiians do this to themselves? I argue that the Māhele was a sophisticated and partially successful response to the prospect that Hawaii would soon be colonized. The object of the Māhele was to ensure that in the event of annexation, Kamehameha III and other elite Hawaiians would not be dispossessed of their landholdings. The strategy was to convert those landholdings into a legal form that would be recognized by an incoming colonial government—whether American, British, or French—as private property.  相似文献   

14.
If we use the word land to refer to the physical substance, and reserve the word property for the intellectual apparatus that organizes rights to use land, we can say that in colonial New Zealand, the British and the Maori overlaid two dissimilar systems of property on the same land. That difference in legal thought structured each side's perception of what the other was doing, in ways that illustrate unusually clearly the power of law to organize our aware' ness of phenomena before they reach the level of consciousness. Over the course of the nineteenth century, as the balance of power gradually swung to the side of the British, they were largely able to impose their property system on the Maori. The centrality of property within the thought of both peoples, however, meant that the transformation of Maori into English property rights involved much more than land. Religious belief, engagement with the market economy, political organization–all were bound up in the systems by which both peoples organized property rights in land. To anglicize the Maori property system was to revolutionize Maori life.  相似文献   

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Four domestic murder cases of a fairly similar character are described: a man killing his child or children, and in one case also his wife. They occurred in three neighbouring rural parishes in northern Sweden in the mid-nineteenth century within a period of about 20 years.

The four offenders showed all the signs of being seriously mentally deranged. Three of them made either unsuccessful attempts to commit suicide or expressed the intention of committing suicide. The motives of the offenders contain elements of a father's wanting to spare his children from social, economic, or religious suffering.

The key question is why the outcomes of the similar cases differed. Legal, religious, medical, and some popular, normative standards are considered. As well as elements used in the medico-legal examinations, other considerations obviously contributed to the different outcomes, such as the various backgrounds of the offenders and whether they showed regret or not in court.

The different outcomes illustrate a recurring problem, namely how to reconcile ideas emanating from various professional traditions and standards. This is of current interest as evidenced by the number of recent cases where a legal way of thinking is sometimes contrary to prevalent medical ones.  相似文献   

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This study covers all persons under the age of 20 who were suspected of having committed a crime in the Swedish city of Borlänge (approx. 50,000 inhabitants) during the years of 1975–1977. The juveniles (575 in all) were followed up during a total of 10 years. A sociometric method based on police data was developed for studying co-offending patterns. The method was validated through a smaller number of interviews with the juveniles. This study shows that a large majority of the most delinquency active juveniles was associated with a large network of delinquent relations. The stronger the connection to this network, the more substantial, serious, and long-lasting were the delinquency and other asociality. This network also seemed to be very important with regard to the reproduction of juvenile delinquency in the municipality. At the end of the follow-up period juvenile delinquency in Borlänge had basically the same character as at the beginning, even though the juveniles included in the network were, to a large extent, new. The young offenders who were central figures in the new network had successively learned their roles from the network's old members.This paper is based on results published initially in a report entitledDelinquent Networks (Sarnecki, 1986).  相似文献   

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论刑事和解事实观   总被引:1,自引:0,他引:1  
林志毅 《现代法学》2011,33(2):116-124
刑事和解作为一种司法行为,以一定的事实为基础。刑事和解的事实观应当有别于普通程序的事实观,分为入案事实和出案事实。入案事实只要达到立案标准即可,出案事实定位为基本事实清楚为宜。同时,在刑事和解中也应当承认合意事实的存在。与刑事和解事实观相适应,关于破案和错案的观念也应当作相应的调整。  相似文献   

19.
The primary goal of censuses has always been to collect reliable information on the state’s population and provide a basis for governmental decision-making. This study examines the categories used in the 1930 census and links them to the context in which they were generated. We treat the census as a tool of state power, which can be discerned from the definitions of its categories and the way in which statistics are collected and used. The guiding question of the study was “how does the 1930 census differ from previous censuses and how can these differences and changes be explained?” We find that as in earlier censuses, Statistics Sweden used extracts from the parish books on the individual level to collect information for the 1930 census, but also used diverse supplementary sources including tax registers, income tax returns and language surveys. Thus, unlike in most countries, Sweden did not send out census takers or questionnaires to the population. Many of the new or updated variables we see in the 1930 census such as income, wealth, and number of children born, can be related to the political and social debate concerning the poor working class and the establishment of the welfare state. The inclusion of categories such as ethnicity, religion, and foreign nationality can be seen as part of a normative approach wanting to control, monitor and correct deviant elements of the Swedish population.

Sweden has several extraordinary longitudinal population databases built on the country’s excellent parish registers dating back to the 18th century. While the Swedish censuses have rarely been used as sources of data for historical analysis, this work demonstrates that the 1930 census has great potential to support new research.  相似文献   

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