Women who shared a husband: Polygyny in southern Albania in the early 20th century

In Europe little attention has been paid to polygyny, though it occurred in the Balkans in the recent past. Data from an Austro-Hungarian census of two-thirds of Albania taken in 1918 give a rare opportunity to examine it. As elsewhere in the eastern Mediterranean, the extent of polygyny was modest, but it was more widespread in rural areas than in towns. This article looks at polygyny in Mallakastër, one area of southern Albania. While not specifically provided for by customary law, polygyny was accommodated within it. Marriages were contracted in the same way as monogamous marriages, and both co-wives lived as part of the family. There is no direct evidence of the reasons why some marriages were polygynous. It may have been a response to childlessness in some cases, but this was neither a universal justification nor a universal explanation. It was probably also a means by which families augmented their labor supply in the absence of an institution of servants. A law enforcing monogamy in 1929 and changes that made polygyny less acceptable and less necessary have resulted in its disappearance.     

Influence of the Code Civil in the Netherlands

The subject of this paper is the influence of the Code Civil in the Netherlands. First, the history of the codification in the Netherlands is examined. Then, attention is paid to the Burgerlijk Wetboek (BW) of 1838, the predecessor of the Dutch civil code of the present day. It is investigated whether this BW is a copy of the Code Civil or a work on its own. Within this framework, the reasons why the Code Civil had an extraordinary influence are shortly mentioned. Finally it is explained how this BW has developed to our BW of 1992. The Code Civil was the model for the BW of 1838. This does not mean that the BW is a copy of the Code. It was not simply a translation. The BW is influenced by the Code Civil, but this does not justify the view that the Netherlands adopted French law. On the contrary: some French rules were removed. Former Dutch law was inserted instead of the French rules or as a supplement to the BW. A large part of the Code is based on joint roots, and the most important common background is Roman law. Those rules cannot be qualified as French law. Besides this there are also typical French provisions, some originated by the French Revolution. With regard to this rules the question is whether these are French rules or universal rights. It can be argued that the BW of 1838 is an improved version of the Code Civil.     

Household structures in urban Albania in 1918

This article intends to shed further light on urban household structures in Albania as far less is known about them compared with rural households. The population census of 1918, which was forgotten for decades, is used for this purpose and proves to be a very valuable source. After a look at the theoretical framework of household formation patterns in this region and at comparative studies in other countries of the region, the size and composition of households in Albania are analysed and differences within the urban population recognised. These urban households were smaller and less complex than rural households in Albania. This investigation into the lives of urban dwellers regarding their living jointly with other members of the household adds to the picture of households frequently being divided between brothers. Nevertheless, multiple-family households also existed in an urban environment and more so in Albania than in neighbouring countries. One can find many differences within the urban population concerning the size and complexity of their households, but a higher status tended to be necessary to increase the complexity of the household. The different economic and spatial environment in cities made living in a multiple-family household more difficult to achieve and therefore richer rather than poorer people more usually lived in such constellations.     

Household structures in urban Albania in 1918

This article intends to shed further light on urban household structures in Albania as far less is known about them compared with rural households. The population census of 1918, which was forgotten for decades, is used for this purpose and proves to be a very valuable source. After a look at the theoretical framework of household formation patterns in this region and at comparative studies in other countries of the region, the size and composition of households in Albania are analysed and differences within the urban population recognised. These urban households were smaller and less complex than rural households in Albania. This investigation into the lives of urban dwellers regarding their living jointly with other members of the household adds to the picture of households frequently being divided between brothers. Nevertheless, multiple-family households also existed in an urban environment and more so in Albania than in neighbouring countries. One can find many differences within the urban population concerning the size and complexity of their households, but a higher status tended to be necessary to increase the complexity of the household. The different economic and spatial environment in cities made living in a multiple-family household more difficult to achieve and therefore richer rather than poorer people more usually lived in such constellations.     

Regulating Dutch–Chinese marriages and relationships in the Netherlands (1920–1945)

ABSTRACT

This paper aims to contribute to The History of the Family by researching the historical relationship between family and state, and the roles that the concepts of 'race' and 'mixture' played. To this end, it analyzes the regulation of Chinese–Dutch marriages in the interwar period and Second World War in the Netherlands. It argues that the ways in which these interracial marriages were regulated were informed by colonial discourses on the Chinese as racialized others. This resulted in a systematic pattern of exclusion of Chinese migrants in the Netherlands, in which they were registered, fingerprinted, counted and deported. Part of these discourses focused on Chinese 'interracial' marriages with Dutch white women. This resulted in the 'regulation of mixture' in which state officials aimed to prevent such marriages, through migration law, document requirements and premarital counseling. During the war, these marriages were considered a 'racial shame' and relationships were broken up by arresting Chinese husbands before marriage. More research is needed to learn more about the extent of these practices and to know whether they were applied to racialized groups other than Chinese.     

Sacred Spaces,Sacred Words: Religion and Same‐sex Marriage in England and Wales

This article provides an analysis of the ways in which the spatial and illocutionary requirements of English marriage law – which regulate the spaces in which marriages may be solemnized and the words the parties being married must speak – have been used to maintain distinctions between same‐sex and opposite‐sex couples. It shows how religious opponents of same‐sex partnership recognition have relied upon historically entrenched differences between the spatial and illocutionary aspects of ‘civil marriage’ and ‘religious marriage’ to argue in favour of the enactment of law that enables organized religions to exclude same‐sex couples from religious premises and ceremonies that are open to opposite‐sex couples for the purpose of solemnizing marriage. It extends recent international debates about how faith‐based discrimination against same‐sex couples is accommodated by legislators and legitimized by law, and concludes with a consideration of how English law could be amended to end discrimination based on sexual orientation.     

Household structures in Albania in the early 20th century

This article attempts to shed light on household structures in Albania based on the census of 1918. Quantitative data enable the investigation of patterns of household formation and marriage in a region where such research previously has been missing. The results confirm eastern European marriage patterns for women but not for men in Albania. Northern Albania lies in the core zone of the Balkan patriarchy and joint family households have prevailed in rural Albania, despite a tendency toward frequent divisions of households among brothers. Most important, there existed a great variety of types of households in different villages in Albania in 1918.     

The Principle of Universalizability and its Semiosis

The article illustrates the universal nature of lawby phenomenologically considering some legalcategories: legal subject, legal interpretation, legalmeaning, and third person. The starting-point is theuniversalizing nature of some fundamental rules ofpractical discourse, respectively of legal reasoning.Like universalizability, this is a process that can besemiotically explained. Semiosis itself presupposesmediation; besides, it posits that the principle ofuniversalizability has no direct effect. It usesmediators. The instance of `third' as such amediator is clarified in various aspects and levels.This instance refers to impersonality. The positionalcharacteristic of semiosis excludes any participationof subjectiveness. This universalizability is backedup both by the reference itself and by its referenceto law. Relation to law is a relation of likeness. Asa relation it is a predication, i.e. universal. Itrefers to the normative quality of law, which isuniversal, too. Substantially, the co-relations oflikeness are explained like a shifting of legalmeaning from one position of semiosis to another. Themeaning is universal unlike the sense. Through itsmediation the principle of universalizability rulesover the semantic continuity of law, including itsknowledge. Beginning with a universal, through theplay of semiosis, the subject can perceive theuniverse of law.     

Household structures in Albania in the early 20th century

This article attempts to shed light on household structures in Albania based on the census of 1918. Quantitative data enable the investigation of patterns of household formation and marriage in a region where such research previously has been missing. The results confirm eastern European marriage patterns for women but not for men in Albania. Northern Albania lies in the core zone of the Balkan patriarchy and joint family households have prevailed in rural Albania, despite a tendency toward frequent divisions of households among brothers. Most important, there existed a great variety of types of households in different villages in Albania in 1918.     

Care and Justice in the Global Context

Abstract. Morality is often dismissed as irrelevant in what is seen as the global anarchy of rival states each pursuing its national interest. When morality is invoked, it is usually the morality of justice with its associated moral conceptions of individual rights, equality, and universal law. In the area of moral theory, an alternative moral approach, the ethics of care, has been developed in recent years. It is beginning to influence how some see their global responsibilities.     

English Matrimonial Law on the Eve of Reform (1828–57)

The ecclesiastical courts, which until 1857 administered English matrimonial law, could not dissolve marriages, but they had important powers, including the power to decree a permanent separation, to order payment of alimony, to make an order for restitution of conjugal rights, and to annul a marriage on certain restricted grounds. The work of these courts deserves attention: though the amount of litigation was, by later standards, comparatively small, this is not a reliable indication that the influence of the law was slight; moreover, the ecclesiastical courts often showed considerable sympathy with the interests of women, inclining to some extent in their favour on several important points of law and practice.     

论海盗罪普遍管辖权机制的局限性与变革

对国际社会来说,海盗仍然是一种严重威胁,尤其是在索马里地区,海盗异常猖獗。由于海盗对国际贸易和世界安全的破坏,对海盗罪的普遍管辖权已得到各国的普遍承认,但现行国际法关于海盗罪的规定却存在许多＂空白＂,普遍管辖权不能涵盖所有的海盗行为,因此,国际法应该进行相应的变革以应对海盗的威胁。这些变革应包括对海盗罪重新定义,建立危险海域的护航机制,推动区域性打击海盗机制的建立及由安理会提供必要的授权。     

特免权规则：美国的制度与实践——兼论特免权规则的普遍性与差异性及中国语境下特免权规则的确立

英美证据法上设立特免权规则的目的在于保障特定的国家政策和具有普遍性的价值观念。特免权规则不仅存在于英关法系国家，而且也存在于大陆法系国家。但我国法律并没有明确地确立任何特免权规则，因此，我们应当审慎地对待特免权规则的移植问题。对于那些体现全人类共同价值的特免权规则，应当毫不犹豫地加以移植；对于尚无生活基础的特免权规则，暂时可不予考虑；对于相应制度具有类似功效且在实践中尚无显著问题的领域，也可以维持现状。     

Applications of economic analysis to marital law: concerning a proposal to reform the discretionary approach to the division of marital assets in England and Wales

In this paper, I apply the economic analysis of law to examine recent proposals in England and Wales for the reform of the law affecting financial settlement after divorce. The starting point is an examination of the wide discretion currently afforded to the courts and the impact this has on incentives for divorcing parties and their legal representatives. Two specific reforming measures have been proposed to reduce this judicial discretion. First, a mathematical formula, such as a rebuttable presumption to divide equally the whole pool of assets upon divorce—a form of community property—could be used. It would be applied in the absence of agreement between the parties dividing assets, as in many countries in continental Europe. Second, legal enforceability could be accorded to prenuptial agreements, again after a continental pattern. Broadly, I conclude that changing to community property and enforceable agreements should be welfare improving but would need to be forward looking and applied to marriages, rather than divorces.     

Islamo-Arabic Culture and Women’s Law: An Introduction to the Sociology of Women’s Law in Islam

The present paper addresses the mutual relationship between society and law in shaping women’s law in Islam from the perspective of the sociology of law. It analyzes the role of pre-Islamic social, political, and economic structures in the Arabian Peninsula in modeling women’s law and highlights some customary laws which were rejected or revived and integrated in Islamic jurisprudence. In this regard, the paper reviews issues such as polygyny, rights to inheritance, marriage, the process of testimony and acceptable forms of evidence in legal matters, diyya (blood money), the exclusion of women from the judiciary and the system of issuing fatwa (legal opinion), natural right of guardianship (wilāya) of underage children after divorce, and regulations related to the veil. Finally, referring to the manner of the Prophet of Islam, the paper suggests that ?urf (custom) can be considered as a source of Islamic legislation alongside other commonly known sources of fiqh (Islamic jurisprudence).     

Troublesome Differences—Dealing with Gendered Violence,Ethnicity, and ‘Race’ in the Finnish Welfare State

Forced marriages, honour-related violence, and violence in transnational marriages have been the focus of public interest in the Nordic welfare states for over a decade. The article analyses how authorities and welfare practitioners discuss differences, ‘race’, ethnicity, and gendered violence in families in this sometimes controversial societal setting. Based on 35 interviews with representatives of the police, social work, shelter movement, and NGO-led projects, it is argued that the main ways to approach the issue are ‘culture speech’ and ‘universalist speech’. In culture speech, differences can be constructed as dichotomous and hierarchical (culturalization), but also in a variable and lateral way. The universalist discourse has paradoxical effects. It functions as a counter-force to culturalization, but it also discourages and prevents discussion about how to take into account the different starting-points of the diverse clientele. The welfare state plays an important role in both. While the universalist discourse is embedded in welfare state ideologies, the culturalist discourse (re)produces welfare state nationalism. Finnish authorities and practitioners distance themselves from cultural relativism but have developed forms of practical multiculturalism to reach migrant clients. The dominant discourses are questioned by approaches that emphasize individual and multiple differences.     

Corporate Crime in Albania: Building the Path to Face a New Form of Criminality

The vital role of the private entities activity was an undeniable reality for the Albanian post-totalitarian society. The economic regime based on the freedom of economic initiative led to the creation and operation of an increasing number of private companies performing their activities in various areas of life. With the passing of time, the positive impact of these activities performed by privately owned entities was associated with some illegal conduct that contained elements of criminal offences. Breach of environmental and work safety regulations, smuggling, corruption in the private sector, as well as laundering of criminal proceeds were among the main violations which began to take place in the framework of privately owned businesses. First, this paper aims to present some of the main speculations and trends of corporate crime in Albania and the possible institutional and practical aspects contributing to illegal corporate behaviour. Further, the study is focused on the legislative actions taken to respond to the challenges of a new form of crime carried out in complex collective organisations. The conclusion of this paper addresses some policy matters. On a first glance, a special emphasis covers the essential role of the companies in promoting internal incentives which encourage lawful conduct, and on the other side is noted that the authority of the law and proper law enforcment in the respective area, remain determinant factors for encouraging and ensuring compliance to law provisions.     

特免权规则:美国的制度与实践——兼论特免权规则的普遍性与差异性及中国语境下特免权规则的确立

英美证据法上设立特免权规则的目的在于保障特定的国家政策和具有普遍性的价值观念。特免权规则不仅存在于英美法系国家,而且也存在于大陆法系国家。但我国法律并没有明确地确立任何特免权规则,因此,我们应当审慎地对待特免权规则的移植问题。对于那些体现全人类共同价值的特免权规则,应当毫不犹豫地加以移植;对于尚无生活基础的特免权规则,暂时可不予考虑;对于相应制度具有类似功效且在实践中尚无显著问题的领域,也可以维持现状。     

First systematic evaluation of the potency of Cannabis sativa plants grown in Albania

Cannabis products (marijuana, hashish, cannabis oil) are the most frequently abused illegal substances worldwide. Delta-9-tetrahydrocannabinol (THC) is the main psychoactive component of Cannabis sativa plant, whereas cannabidiol (CBD) and cannabinol (CBN) are other major but no psychoactive constituents. Many studies have already been carried out on these compounds and chemical research was encouraged due to the legal implications concerning the misuse of marijuana. The aim of this study was to determine THC, CBD and CBN in a significant number of cannabis samples of Albanian origin, where cannabis is the most frequently used drug of abuse, in order to evaluate and classify them according to their cannabinoid composition. A GC-MS method was used, in order to assay cannabinoid content of hemp samples harvested at different maturation degree levels during the summer months and grown in different areas of Albania. This method can also be used for the determination of plant phenotype, the evaluation of psychoactive potency and the control of material quality. The highest cannabinoid concentrations were found in the flowers of cannabis. The THC concentrations in different locations of Albania ranged from 1.07 to 12.13%. The influence of environmental conditions on cannabinoid content is discussed. The cannabinoid content of cannabis plants were used for their profiling, and it was used for their classification, according to their geographical origin. The determined concentrations justify the fact that Albania is an area where cannabis is extensively cultivated for illegal purposes.     

Legal Recognition of Plural Unions: Is A Nonmarital Relationship Status the Answer to the Dilemma?

Intimate relationships involving three or more adults are increasingly visible in American society. Multiparty relationships, which are also known as plural unions, mainly take two different forms: systemic polygyny and polyamory. Family law currently denies recognition to all plural unions. Granting legal recognition to multiparty relationships would advance the goal of family pluralism and expand access to valuable legal protections. However, the possibility of granting official recognition to plural unions must be approached with caution, because systemic polygyny poses a serious risk of harm to women and children arising from the imposition of oppressive gender roles. A possible solution to this dilemma lies in offering a formal nonmarital status (such as civil union, domestic partnership, reciprocal beneficiary, or designated beneficiary) to participants in plural unions. As a result of their differing attitudes toward marriage, polyamorists would be likely to embrace a nonmarital relationship status, while participants in systemic polygyny would most likely reject it. Thus, providing a nonmarital status for plural unions could allow polyamorists to obtain the benefits of relationship recognition, without placing the government's seal of approval on the oppressive aspects of systemic polygyny.