汉代继承问题刍议

汉代身份继承一般是在被继承人生前置后或立嗣子。后可以是直系，也可以是旁系；既可以是卑幼，也可以是尊。汉代身份继承是在先秦时期“立子”与“立弟”两种继承方式中进行选择的结果，以“立子”为主，以“立弟”为补充，并逐渐过渡到唐宋法律中严格的“立嫡立长”的规定。在财产继承方面，准确地讲应该是分家析产，随着宗法大家庭的解体，嫡长继承制面临挑战，诸子均分制尚未建立。     

Gender differences in the dispersal of children in northern Sweden and the northern USA in 1850

In the course of time families disperse and kin relationships change. In this study gender differences in spatial dispersion of adult children from their fathers were investigated in two areas of the world in 1850: the Skellefteå region in northern Sweden and the northern part of the USA, both largely rural populations. The results from the Skellefteå region where data on both genders were available were used to estimate gender differences among a native born population in the northern USA where women were often not followed in the sources after marriage. Most adult children resided in the same place as their fathers, but the distances separating relatives were greater in the USA. However, the proportion of adult sons living in the same locality as their fathers was the same in both. More daughters than sons were located elsewhere in Skellefteå and probably also in the USA. Although sisters in Skellefteå joined each other in places separate from their parents, men lived in patrilineal clusters to a greater extent than women due, in part, to patrilineal inheritance and virilocal marriages. Various reasons for these patterns are discussed and their implications for kin networks discussed.     

Gender differences in the dispersal of children in northern Sweden and the northern USA in 1850

In the course of time families disperse and kin relationships change. In this study gender differences in spatial dispersion of adult children from their fathers were investigated in two areas of the world in 1850: the Skellefteå region in northern Sweden and the northern part of the USA, both largely rural populations. The results from the Skellefteå region where data on both genders were available were used to estimate gender differences among a native born population in the northern USA where women were often not followed in the sources after marriage. Most adult children resided in the same place as their fathers, but the distances separating relatives were greater in the USA. However, the proportion of adult sons living in the same locality as their fathers was the same in both. More daughters than sons were located elsewhere in Skellefteå and probably also in the USA. Although sisters in Skellefteå joined each other in places separate from their parents, men lived in patrilineal clusters to a greater extent than women due, in part, to patrilineal inheritance and virilocal marriages. Various reasons for these patterns are discussed and their implications for kin networks discussed.     

Power and inheritance: Male domination,property, and family in eastern Europe, 1500–1900

A widespread inheritance pattern in eastern and southeastern Europe was based on equally partible male inheritance and excluded women from inheritance and dowry. The western transition zone to the other predominant European inheritance systems coincided with the Hajnal line, which divides the distribution of European marriage patterns in historical times. New evidence is added to the historical depth of the cultural–historical transition zone already postulated by Mitterauer. Since the early Middle Ages, this zone also marked the border region of two basic European agrarian systems: the western Grundherrschafts system, which led to the intervention of landlords into inheritance patterns and family structures of the serfs and the non-interventionist tributary systems, which left inheritance practices based on customary laws untouched until the second half of the 19th and beginning of the 20th centuries. The above-mentioned inheritance pattern, which was also widespread in Asia, allocated a huge amount of power to the agnatic core of the family and was part of a patriarchal system shaped by patrilineality, patrilocality, low age at marriage, complex family forms, and fragmentation of the soil when demographic transition set in.     

Power and inheritance

A widespread inheritance pattern in eastern and southeastern Europe was based on equally partible male inheritance and excluded women from inheritance and dowry. The western transition zone to the other predominant European inheritance systems coincided with the Hajnal line, which divides the distribution of European marriage patterns in historical times. New evidence is added to the historical depth of the cultural–historical transition zone already postulated by Mitterauer. Since the early Middle Ages, this zone also marked the border region of two basic European agrarian systems: the western Grundherrschafts system, which led to the intervention of landlords into inheritance patterns and family structures of the serfs and the non-interventionist tributary systems, which left inheritance practices based on customary laws untouched until the second half of the 19th and beginning of the 20th centuries. The above-mentioned inheritance pattern, which was also widespread in Asia, allocated a huge amount of power to the agnatic core of the family and was part of a patriarchal system shaped by patrilineality, patrilocality, low age at marriage, complex family forms, and fragmentation of the soil when demographic transition set in.     

Placing sons and daughters in the church: Strategies used by the gentry of Central Catalonia to maintain social status in the 17th and 18th centuries

This study analyses strategies for placing sons and daughters used by Notaries, Doctors of Law and Honorary Citizens of Manresa in the 17th and 18th centuries. Reconstructions of several family trees show that all of the sons, except the heir, went into the church and many of the girls remained single or went into convents. The consistency of this behaviour has led to an interpretation in terms of how these families maintained their social status, given their particular way of gaining access to resources. This study traces the way the younger generations entered the church and how they returned resources to the families they came from. Celibacy excluded many sons and daughters from inheriting the family patrimony and opened the way to combining patrimonies with other families. This happened if the heir had no children and the inheritance went to the eldest daughter married to the heir of another family. Combining patrimonies was one of the strategies used to deal with the problem of declining incomes suffered by these families.     

WHY DID YOU CHANGE YOUR NAME? Name Changing Patterns and the Life Course in Early Modern Japan

Many legal documents of the early modern period of Japan's history contain references to common people changing their personal legal names. This article is a first report of an effort to discover why men changed their names and the social structures behind this behavior. The study uses the population registries of Nishijo village in Central Japan to trace the name changes of men in the village, and the life courses of men who changed their names and of those who did not. It analyzes the relation of name changers to life events, to their family members, and to family structure. Name changing was strongly related to succession to the headship and inheritance in the stem family. In some families, specific names were inherited together with the headship. However, name changing seems to have been more commonly used to mark heirs and eldest sons who did not inherit and thus reveals the maneuvering within families to ensure the capable lineal continuity of the family. Name changing patterns may be an important tool for understanding the development of the stem family.     

Leaving home in a stem family system: Departures of heirs and non-heirs in pre-industrial Japan

To clarify the rules in a stem family, this study investigates the patterns of childrens' departures from home, using the 1870 household register of South-Tama, Musashi Province (4,787 individuals). Sons and daughters followed a schedule for home departures in their life course related to their sex and to sibling composition. Life-table analysis revealed that the ‘stayers’ were children without siblings, eldest sons, and eldest daughters with only sister; while the ‘leavers’ were younger sons with elder brothers and younger daughters. This pattern was present regardless of economic status, with some variation in the speed of leaving home among sons. The leavers in general left for various destinations via marriage, adoption, service, and work migration. Larger proportions of sons than daughters remained in the home village. Examination of the exceptions to the rule showed that they tended to be incapable of following the main pattern. Analysis of the timing of a child's departure in relation to the heir's marriage or to the birth of the heir's first child revealed that within the standard schedule, sons and daughters were retained or released for the advantage of the family. Sisters were replaced by in-marrying brides. Brothers were kept in the home until the next generation was secured. The departure of children, or heirs and non-heirs, can be a good variable for comparing the rules of family systems.     

Introduction: Household and family contexts in the Balkans

The structural study of the Balkan family began in the United States in the 1940s, producing several generations of scholars. Such scholarly continuity is much more recent on the European continent. Findings to date suggest the Balkan pattern of male equal partible inheritance could lead to four distinctive household formation patterns. But though it seems that the inheritance system played a key role, it was only in combination with additional elements that a distinctive pattern evolved. These additional elements were neolocality or patrivirilocality; environmental factors (abundance or scarcity of land, remote mountainous regions, islands); economic factors such as forms of pastoralism, mixed production or fishing; and agnatic kinship as opposed to community ties. Future research will have to continue to address the question of Balkan familial diversity, as well as how the Balkans compare to the rest of Europe with respect to crucial familial characteristics.     

Introduction: Household and family contexts in the Balkans

The structural study of the Balkan family began in the United States in the 1940s, producing several generations of scholars. Such scholarly continuity is much more recent on the European continent. Findings to date suggest the Balkan pattern of male equal partible inheritance could lead to four distinctive household formation patterns. But though it seems that the inheritance system played a key role, it was only in combination with additional elements that a distinctive pattern evolved. These additional elements were neolocality or patrivirilocality; environmental factors (abundance or scarcity of land, remote mountainous regions, islands); economic factors such as forms of pastoralism, mixed production or fishing; and agnatic kinship as opposed to community ties. Future research will have to continue to address the question of Balkan familial diversity, as well as how the Balkans compare to the rest of Europe with respect to crucial familial characteristics.     

Family succession through adoption in the Chosun Dynasty

Using a unique data source of genealogies of upper-status families, called Bulcheonwye families, we assess how the extent of family succession through adoption changed over five centuries from 1450 to 1949 in Korea. Our analysis shows the continued increase in the share of adopted sons among total family successors up to the end of the 19th century when three out of ten family successors were adopted. The trend of the increasing role of adoption is closely related to the declining number of sons per family, suggesting that not only the rising influence of Confucian culture but also demographic changes increased the demand for adoption. Finally, our comparison provides evidence that the likelihood of achieving high social status was significantly higher among adopted sons than biological ones, suggesting that the socioeconomic potential of adopted sons could be an important factor for adoption decision.     

Family succession through adoption in the Chosun Dynasty

Using a unique data source of genealogies of upper-status families, called Bulcheonwye families, we assess how the extent of family succession through adoption changed over five centuries from 1450 to 1949 in Korea. Our analysis shows the continued increase in the share of adopted sons among total family successors up to the end of the 19th century when three out of ten family successors were adopted. The trend of the increasing role of adoption is closely related to the declining number of sons per family, suggesting that not only the rising influence of Confucian culture but also demographic changes increased the demand for adoption. Finally, our comparison provides evidence that the likelihood of achieving high social status was significantly higher among adopted sons than biological ones, suggesting that the socioeconomic potential of adopted sons could be an important factor for adoption decision.     

完善我国继承权丧失制度的若干思考

继承权丧失制度是继承制度不可或缺的组成部分.它直接关系到继承权丧失人和其他继承人的切身利益,而且对于保障家庭职能的实现,弘扬法律的公平价值理念,维护和睦文明的家庭关系,构建和谐社会,均具有重要的作用.我国现行的继承权丧失制度过于原则、简单,缺乏可操作性.一直以来学界对该问题也少有涉足.对继承权丧失制度进行较为深入、系统的探讨,并有针对性地提出了完善该制度的建议.     

Behavior of genetic markers in recipients after bone marrow transplantation and problems in forensic medicine

The authors report studies on four pairs of donors and recipients in bone marrow transplantation (BMT). A broad range of gene markers at 41 gene loci, including 11 red blood cell markers, 5 human lymphocyte antigen (HLA) types, 12 serum protein markers, 5 red cell enzyme markers, and 8 salivary markers were evaluated before and after BMT over 2 months. As a result, 9 out of 41 gene loci of genetic markers in recipients were transformed into the donor type. BMT between family members may lead to transformation of gene markers, but within a pattern compatible with family inheritance patterns, and no genetic paradox will be found in later surveys of familial genetic relationships. However, in a personal identification system in forensic medicine using genetic markers as an index, the appearance of a phenotype incompatible with a blood relationship is possible after BMT with a non-blood-relative donor. This result is similar to the inheritance pattern observed after artificial insemination by a donor's semen (AID), a more complete out-of-family cross.     

Situating the family of Ottoman Bulgaria within the European pattern

The article seeks to reassess the traditional stereotype of the complex Balkan family, especially in Bulgaria, on the basis of published and unpublished materials. On most measure features, such as population structure, marriage patterns, fertility and mortality rates, family and household size and structure, and inheritance patterns the Balkans show a great deal of variety and, on some measures, are more like the western and central parts of Europe than the easter-part. But all attempts to argue for the historical predominance of the zadruga in southeastern Europe (and in Bulgaria in particular) are presumptious, because the zadruga has been firmly documented only for the period from the late eighteenth to the early twentieth century, when it was not statistically predominant. Its appearance (or recurrence) and decline could be explained by different factors, and almost promising area of exploration seems to be the possible connection between a stockbreeding economy and multiple families of the zadruga type.     

Gender aspects of inheritance strategies and land transmission in rural Scania,Sweden, 1720–1840

This study deals with gender aspects of land transmissions in pre-industrial Sweden. Although not supported by law, a clear mentality of male primogeniture among peasants existed in the Swedish countryside in the 18th century. In many cases, however, this ideal could never be realized, making the idea of the “family farm,” handed down from father to son for generations, more of a myth than a reality. This study uses postmortem inventories linked to tax registers and family reconstitutions for a sample of parishes in southern Sweden to show that various strategies were chosen when transferring the farm after the death of the husband or wife. Although sons were more likely to take over the farms, daughters (or more correctly sons-in-law) also frequently did so, as did, sometimes, more distant kin and non-kin. Moreover, it was not the case, as has sometimes been maintained, that daughters took over the farm only when no able-bodied sons were available. On the contrary, daughters (sons-in-law) quite frequently took over the farm even when sons were present. The decision on land transmission was part of a more general family strategy concerning reproduction (access to marriage and household formation) as well as old-age security.     

Naming practices and the importance of kinship networks in early nineteenth-century iceland

The article argues that parents in early nineteenth-century Iceland felt inclined to strengthen kinship ties by naming children for their grandparents. This was particularly the case with oldest children in the family. Moreover, naming traditions indicate that parents tried to preserve the patrilineage by naming their first-born sons for grandparents on the father's side. Parents felt much freer in the choice of names for their youngest children, often giving them rather unusual names. It was also rather common to name youngest daughters after their mothers. These practices conformed to the naming patterns in societies with patronymic naming systems: by naming children for grandparents or great-grandparents, parents are able to keep particular forenames within the family and thus preserve an important link to the past.     

Continuity and change among the Rhemish proletariat

Textile workers formed a major part of the population in Rheims at the end of the Old Regime. Traditionally, many pieces of cloth were woven both in urban and rural families for Rhemish manufacturers (fabricants). With economic changes during the 18th century, the French cottage proto-industry was in crisis. Unemployed textile workers, young males and females, moved to town. Family workshops had difficulties surviving in Rheims. One of the sons inherited the family loom, but he rarely kept his independence. Family histories presented in this study show how weavers relied on their family network in and outside the city in order to deal with irregular demand. The market required that production be diversified. At the same time, a concentration of the workforce developed in new, larger family enterprises. The role of female workers in textile production was often elusive. Single women and widows, women alone without a spouse, worked hard to survive and could rarely keep their children at home.     

Continuity and change among the Rhemish proletariat: Preindustrial textile work in family perspective

Textile workers formed a major part of the population in Rheims at the end of the Old Regime. Traditionally, many pieces of cloth were woven both in urban and rural families for Rhemish manufacturers (fabricants). With economic changes during the 18th century, the French cottage proto-industry was in crisis. Unemployed textile workers, young males and females, moved to town. Family workshops had difficulties surviving in Rheims. One of the sons inherited the family loom, but he rarely kept his independence. Family histories presented in this study show how weavers relied on their family network in and outside the city in order to deal with irregular demand. The market required that production be diversified. At the same time, a concentration of the workforce developed in new, larger family enterprises. The role of female workers in textile production was often elusive. Single women and widows, women alone without a spouse, worked hard to survive and could rarely keep their children at home.     

Regional standardization in the age at marriage

Age at marriage is an important issue in family, population, and socioeconomic history as well as in cultural anthropology. In preindustrial Japan, regional differences in inheritance customs determined the regional diversity of marriage patterns. The age at marriage in preindustrial Germany also showed a regional diversity, but compared to Japan, it was standardized within the European marriage pattern. The author contends that there were two different patterns of standardization in marriage behavior in Germany, one being the historical consequence of official institutionalization and the other occurring as a process on a macroeconomic level and resulting in a concentration of age at marriage around a mean age. The distribution of the ages at marriage and its historical change in this context is an important variable for the analysis of marriage behavior.