From immigrants to stayers: Micro-demography of a historical lineage in Sichuan,China

This paper studies the demographic profiles of Chinese domestic immigrants during the Qing era, using the genealogy of one lineage in Sichuan, Yunyang Tu-shi Zupu. The genealogy records individual life history beginning with the immigrant ancestors to Sichuan. This study mainly uses the vital dates recorded in each member's individual entry to the genealogical table, analysing change in demographic indices over time and their causal relationship with individual/family characteristics. The micro-demographic analyses show that the fertility and nuptiality were initially high but on the decline over time while the mortality might have followed the opposite path. This result indicates that the founding generations of the lineage enjoyed a relatively rich life but living standard gradually deteriorated as population pressure on food production became strong. The differential of the initial and terminal generations can be regarded as that of immigrants and stayers. The demographic trend reported in the study shows the assimilation process of immigrant lineages to natives. The higher population growth rate of immigrants derived in this argument may help to mitigate the controversy of the high population growth during the Qing and the low fertility estimates obtained from sedentary populations in the previous studies.     

Moving Children through Private International Law: Institutions and the Enactment of Ethics

This article examines how the Hague Convention on the Protection of Children and Co‐operation in Respect of Intercountry Adoption (Hague Adoption Convention) plays a central role in justifying the institution of legal adoption. The Hague Adoption Convention has often been regarded as a response to the challenges that the “global situation” brings to adoption practice. Based on private international law, the agreement contains protocols and norms to ensure the protection of the child in intercountry adoption. In the article, I propose that the Hague Convention can be understood as a “transparency device”; a complex assemblage working in pursuit of global “good governance.” The device, however, also operates as justification within the institutional domain, allowing adoption agencies to make distinctions between legitimate and illegitimate adoptions. Idemonstrate how the logic of transparency disguises as much as it promises to reveal. While the doctrine's aim is to validate adoptability and combat trafficking, it also helps to mainstream Euro‐American adoption knowledge to other parts of the world.     

Long way to headship, short way to retirement: Adopted sons in a northeastern village in pre-lndustrial Japan

The article examines adoption practices from the perspective of the individual life course using a longitudinal population register (1716–1869) from an agricultural village in northeastern Japan. Adoption was never rare and was used to ensure succession in son-less households. A series of life-table analyses shows that adoption did not mean automatic headship. Adopted sons were often sent back (divorced) to their original households before acquiring headship. If they attained headship, they did not keep it as long as native sons. These results suggest that adoption mattered a great deal to villagers and to kinship organization, as folklore studies also attest.     

清代的立继规则与州县审理——以宝坻县刑房档为线索

宝坻县档中的争继案件反映出,民间立继和县衙审理都遵循着"长房次子"、"立继人拨产给亲支近房"等规则。这些规则在国法中没有,但已经是民间和州县官吏的共识。另外,葬祭仪式规定着哪些人有资格入继和入继应有哪些程序性的行为,因此,葬祭仪式本身就是一种重要的立继规则。从立继事件及其县衙审理来看,清代州县审理并不仅仅依靠国法,而且是围绕着规则作出裁决,而"情理"则往往是规则的笼统表述。     

论清代的继子孙责任——以顺天府宝坻县刑房档为线索

从宝坻县衙档案中的继书和案件看,清代继子孙对家庭的责任包括两大类:一类是对已故尊直系亲属的,一类是对在世家属的。前者包括主持已故亲属的丧葬和祭祀仪式,后者包括对尊亲属的赡养。通过个案分析发现,家业传承与"父债子还"是相联系的,承继是指整个家庭的所有内容向下辈移交;因此,继父母考察继子孙能否承继,不是就事论事,而是综合地考察继子孙的行为。只要继子孙有影响家业承继的不良行为,就可能导致废继,由此,我们认为,清代子孙的这些责任是综合的、整体的。     

和谐精神与清代科举立法

清代的科举立法是中国封建科举立法的集大成者.清代科举立法体现了一定的和谐精神,如追求社会阶层和谐、民族团结、地域平衡等.     

Free and unfree labor in Qing China

Though internal migration in China during the Qing era (1644–1911) was mostly unrestricted, the government tightly controlled the movement of peasants who worked state lands in frontier regions and certain other locations. Such peasants accounted for 5–10% of China's population. In the state farms of northeast China, households could move legally only from one place to another within the system. Departure from the system was illegal. In this article, one of the first quantitative studies of migration in late imperial China, we apply discrete-time event-history methods to longitudinal, nominative household register data from six northeast Chinese state farm systems to compare how characteristics of the farm system, village, and household influenced the chances of legal moves and illegal departures. We show that among these state peasants, who were supposedly “unfree,” migration was not uncommon. We also show that the determinants of legal and illegal migration differed substantially. We conclude with a discussion of the implications of these findings for our understanding of migration processes in late imperial China.     

Free and unfree labor in Qing China: Emigration and escape among the bannermen of northeast China, 1789–1909

Though internal migration in China during the Qing era (1644–1911) was mostly unrestricted, the government tightly controlled the movement of peasants who worked state lands in frontier regions and certain other locations. Such peasants accounted for 5–10% of China's population. In the state farms of northeast China, households could move legally only from one place to another within the system. Departure from the system was illegal. In this article, one of the first quantitative studies of migration in late imperial China, we apply discrete-time event-history methods to longitudinal, nominative household register data from six northeast Chinese state farm systems to compare how characteristics of the farm system, village, and household influenced the chances of legal moves and illegal departures. We show that among these state peasants, who were supposedly “unfree,” migration was not uncommon. We also show that the determinants of legal and illegal migration differed substantially. We conclude with a discussion of the implications of these findings for our understanding of migration processes in late imperial China.     

Judge Julia Domna? A Historical Mystery and the Emergence of Imperial Legal Administration

This article analyses a problematic passage from Cassius Dio (78.18.2–3) where Julia Domna is depicted as answering petitions and correspondence on behalf of her son, Caracalla, in AD 214–215. Through a reading of the relevant sources and the emerging tradition of Roman imperial adjudication, the article seeks to answer the question: what did this reference to an empress using imperial power mean? Was it merely a sign of the emperor's ineptitude or could it be seen as a reference to the centrality of answering appeals in the duties of the emperor? Is it even possible that she should be seen as a judge of some kind? By analysing the conventions of imperial jurisdiction, the article maintains that there was an ambiguity where responding and judging on behalf of the emperor or posing as the emperor involved many different figures in the administration. It is argued that while an official role was not likely, it is possible that Julia Domna would have held a supervisory position in the administration as well as acting as an interlocutor, but that like others who were appointed to judge in the place of the emperor, her work would have been largely invisible, noted only by petitioners expecting to meet the emperor.     

Making and Breaking Family Life: Adoption, the State, and Human Rights

This article explores the extent to which the state's duties and responsibilities in the context of adoption are framed and reinforced by a rights-based discourse. It argues that the human rights paradigm plays an invaluable role in the pre-adoption process by identifying and imposing ever more exacting obligations on the state - obligations which are currently not being fully met by the Adoption and Children Act 2002. The application of a rights-based discourse to the post-adoption context proves, however, to be considerably more problematic. Indeed, it is argued that rather than extend and strengthen the state's responsibilities towards the child and the adopted family, liberal rights-based doctrine tends towards a more traditional model of adoption in which a minimalist state and the privacy, autonomy, and self-sufficiency of the new adoptive family are further entrenched. It is thus concluded that a human rights analysis provides no secure basis for challenging the Adoption and Children Act's rather limited provisions on post-adoption support.     

论清代的“违禁取利”罪

我国历史上许多朝代是通过法律手段来限制官府与民间通过借贷谋取暴利,维护正常的社会经济秩序,保护正常的借贷关系的.明律中出现"违禁取利"的罪名,清代,进一步在法律上调整借贷关系,在一定程度上促进了社会经济的发展.清代的借贷活动空前活跃,不仅存在着生活性和消费性借贷,也存在着生产性和经营性借贷,更存在着官吏、兵丁借贷,以及各种因官吏勒索及制度性缺陷而引起的借贷,而在"违禁取利"方面,统治者一味实施限制与打击,最终不但没有建立起他们期待的社会经济秩序,反而使朝廷失去经济控制能力,王朝的政治与社会发展受到严重的阻碍.     

The Malthusian intermezzo: Women's wages and human capital formation between the late Middle Ages and the demographic transition of the 19th century

The paper offers a new explanation for ‘the great conundrum’, the acceleration of population growth in England in the second half of the 18th century. It is argued that it was not only population growth that was ‘different’ in England, but the stagnation of the rise of literacy and of human capital in general, seems to be an anomaly of this period. This ‘conundrum’ has been explained in the following way. It is demonstrated that in England the gender wage gap increased a lot during the early modern period, which was caused by: (a) the switch from post Black Death labour scarcity to labour surplus, which in particular harmed the economic position of women, and (b) changes in the structure of agriculture, leading to the rise of large-scale, capital intensive and labour extensive farms, which had a very limited demand for female (wage) labour. This is also suggested by the fact that on the Continent (in the Netherlands) a much smaller decline of female wages occurred, because there family farms continued to be quite important. Moreover, the decline of English wages had important effects on its demographic development. It helps to explain the decline of the average age of marriage of in particular women between 1600 and 1800, and the related increase in fertility that occurred in this period — resulting in a much faster rate of population growth after 1750 than elsewhere in Western-Europe. It also helps to explain the stagnation in human capital formation that occurred during the 18th and early 19th century — again a feature peculiar for the English development in these years. The explanation of ‘the great conundrum’ is therefore intimately linked to the changing position of women on the labour market and within marriage.     

Autopoietic Law and the 'Epistemic Trap': A Case Study of Adoption and Contact

This paper examines autopoietic theory with reference to functionally differentiated social sub-systems, particularly law, science, and politics. It sets out to 'test' the practical relevance of autopoietic theory in relation to ongoing debates about post-adoption contact and personal identity issues. Law has resisted social scientific pressure to regulate post-adoption contact in the context of a social policy approach, which emphasizes the relationship between identity development and genealogical continuity. I argue that law's response to this pressure relates to the particular nature of adoption as this is expressed through legislation and case law. Law's refusal to intervene in post-adoption contact reflects its self-referential operations and its attempts to avoid epistemic entrapment by a social scientific discourse. Applying autopoietic theory to law's practical operations in adoption clarifies its explanatory value, provides a conceptual framework for understanding the relationship between law, politics, and social science and indicates areas that require theoretical refinement.     

THE CASE FOR ADOPTION ALTERNATIVES

In this article, the author takes a unique approach to adoption, criticizing the law's heavy emphasis on adoption while not promoting other permanency alternatives. The author advocates the use and promulgation of subsidized guardianship and cooperative adoption as positive alternatives to traditional adoption. First, the author considers the Adoption and Safe Families Act (ASFA). Discussions of therapeutic jurisprudence and preventive law follow. Then, she talks about family systems theory and cultural competence, leading to discussion of her two favorite alternatives. After examining these theories and approaches, she concludes that these options do a better job of maintaining family relations and correspond more closely with psychological theory.     

论广东贩毒犯罪案件的特点及查缉对策

由于广东所处的特殊地理位置和特定的社会经济环境,改革开放以来贩毒犯罪案件较为突出。为了有效地侦查贩毒案件,本文具体分析了贩毒犯罪案件的一些特点,并在此基础上提出缉毒的具体侦查对策。     

Adapting Adoption: A Case of Closet Politics?

The Adoption and Children Act 2002 addressed problems of delayin the adoption process, particularly with regard to childrenlooked after in the care system. This article reviews the backgroundto the Act and considers critically its emphasis on administrativereform. While the problem of delay was addressed mainly in administrativeterms, the issue could not be entirely separated from politicaldebate. In the lead-up to the Act political controversy centredon racial matching; during its passage, it focused on the legalizationof same-sex adoption. The Government effectively diffused oppositionon both counts through its emphasis on pragmatic reform to promotethe welfare of the child. The article characterizes this approachas ‘closet politics’ and suggests that such pragmatismmay exact a price in terms of implementation. The failure toaddress or resolve underlying issues of principle may mean thatlegislative change has only a limited effect on professionalpractice and public prejudice.     

清末君主立宪话语中的帝制问题

君主立宪改革是清廷再造儒家思想的一次尝试,也是清廷翻新帝制传统的最后努力。在立宪求富强的语境下,清廷希望新宪法能实现政治的转型、统治权的合理化、新的规训秩序和国家的统一与强盛。1908年的《宪法大纲》甚至出现了将皇位变成一个公共职位的趋势。同时,这部宪法也致力于创建新的官僚制度、将全体人民"民族化"、"公民化"以及实现皇权功能的法律化。     

The dissolution of the large complex households in the Balkans: Was the ultimate reason structural or cultural?

The article examines three village communities—Lekenik in Civil Croatia, Bobovac in the Croatian Military Border, and Orašac in Serbia—to answer the question of why the inhabitants of these villages experienced radical changes in their collective lives and their household organization during the nineteenth century. Complex households had developed in these villages in previous centuries, but a series of political, social, and economic changes, starting in the middle decades of the century, combined to make the continuation of the large complex household unfeasible. In the final analysis, the process of transformation of the large and complex households was rooted in economic change, particularly in the arrival of a monetized economy and mercantile capitalism. The cultural values of complex households still existed after the dissolution of the large complex households, and continued to be important well into the twentieth century.     

Service to servitude? The decline and demise of life-cycle service in England

Life-cycle service was an essential institution in early-modern England that slowly died during the transition from a pre-industrial to a fully industrial economy. A socially pervasive and culturally broad movement of young people from their parental homes to live and serve in the homes of others, life-cycle service was integral to the demographic, economic, and social framework of the era and could not survive when that framework changed. This article examines the institution of life-cycle service, some of the underlying demographic, economic, and social structure that supported it, the changes in that structure that led to its demise, and the ramifications for young people of that demise. Although inevitable, the loss of life-cycle service with its broad social base denigrated service as an institution and was not without other costs especially for young women.     

Family history in canada

Life-cycle service was an essential institution in early-modern England that slowly died during the transition from a pre-industrial to a fully industrial economy. A socially pervasive and culturally broad movement of young people from their parental homes to live and serve in the homes of others, life-cycle service was integral to the demographic, economic, and social framework of the era and could not survive when that framework changed. This article examines the institution of life-cycle service, some of the underlying demographic, economic, and social structure that supported it, the changes in that structure that led to its demise, and the ramifications for young people of that demise. Although inevitable, the loss of life-cycle service with its broad social base denigrated service as an institution and was not without other costs especially for young women.