Patrilines,surnames, and family identity:

The Imperial decrees emancipating the serfs of the Russian Baltic provinces (1816–1820) included the requirement that serfs, who would now become free peasants and obtain legal standing, have both a first name and a surname, the latter of their own choosing. The article examines the process through which Baltic peasants obtained surnames and analyzes the choices they made. In the Pinkenhof estate, in the province of Livland, emancipated serfs most often chose surnames that reflected their place of residence, but also frequently chose names from the natural world, occupations, and other similar sources. The acquisition of surnames helped to consolidate family and lineage identity, which had been difficult in the pre-emancipation perion when individuals bore only a first name plus the name of the place in which they were currently residing, the latter changing as they moved.     

The 1881 census in the Russian Baltic provinces: An inventory and an assessment

The 1881 census of the Russian Baltic provinces of Livland, Estland, and Kurland was the first modern-type systematic population enumeration in the Baltic area. It had been preceded by enumerations of other kinds—land cadastres that included aggregate population counts (during Swedish control of the area) in the 17th century, and fiscal revisions (during Russian control of the area) that did list residents by name but did not follow any principles of modern census-taking. The Baltic German politico-economic elite, which controlled public affairs in the Baltic provinces, decided to carry out a census of a modern kind, and produced the 1881 count. Although initially the initiative was coordinated by the statistical specialists of the three provinces, the publication of results was decentralized, resulting in a series of volumes that supplied different tables for each province. The article analyzes the contents of the census, some of its shortcomings, as well as its strengths.     

The 1881 census in the Russian Baltic provinces: An inventory and an assessment

The 1881 census of the Russian Baltic provinces of Livland, Estland, and Kurland was the first modern-type systematic population enumeration in the Baltic area. It had been preceded by enumerations of other kinds—land cadastres that included aggregate population counts (during Swedish control of the area) in the 17th century, and fiscal revisions (during Russian control of the area) that did list residents by name but did not follow any principles of modern census-taking. The Baltic German politico-economic elite, which controlled public affairs in the Baltic provinces, decided to carry out a census of a modern kind, and produced the 1881 count. Although initially the initiative was coordinated by the statistical specialists of the three provinces, the publication of results was decentralized, resulting in a series of volumes that supplied different tables for each province. The article analyzes the contents of the census, some of its shortcomings, as well as its strengths.     

From france to new france: Quebec family names,past and present

The history of family names is directly linked to the history of populations. In the French-Canadian case, this history has two main features: a small number of founding members of a population, and a rapid increase due to a high reproduction rate, without any significant new influx of immigrants. Other factors intervened in the success of certain names: differential reproduction rates between regions, how early the name was established; and the use of surnames, which in some cases replaced the original name. With respect to names, France and New France were very different. Research in France on the names of a sample of pioneers going to the New World shows little expansion of several names, particularly in the immigrants' region of origin.     

Migration,households, and agrarian reform in the Baltic provinces of Russia: 19th and 20th centuries

Earlier research has shown that migration flows affect household size and that these measures in turn are affected by local and regional legal systems that seek to regulate migration. This article explores these connections in those areas of the 19th century Russian Baltic provinces of Livland and Kurland that in the 20th century became the country of Latvia. Different data bases are used to link variables during the decades after the agrarian reforms of the 1816–1819 period, in the decades after the 1860s reforms that made possible the purchase of farmland by peasants, and in the decades after 1920 when the new country of Latvia nationalized land heretofore owned by estates and redistributed it to landless peasants and small farmers. The findings are tentative because the data sources differ substantially from period to period, but the present analysis suggests strong enough connections between agrarian reform, migration, and household size and structure to require a more thorough project.     

Migration,households, and agrarian reform in the Baltic provinces of Russia: 19th and 20th centuries

Earlier research has shown that migration flows affect household size and that these measures in turn are affected by local and regional legal systems that seek to regulate migration. This article explores these connections in those areas of the 19th century Russian Baltic provinces of Livland and Kurland that in the 20th century became the country of Latvia. Different data bases are used to link variables during the decades after the agrarian reforms of the 1816–1819 period, in the decades after the 1860s reforms that made possible the purchase of farmland by peasants, and in the decades after 1920 when the new country of Latvia nationalized land heretofore owned by estates and redistributed it to landless peasants and small farmers. The findings are tentative because the data sources differ substantially from period to period, but the present analysis suggests strong enough connections between agrarian reform, migration, and household size and structure to require a more thorough project.     

Family Group Conferencing Comes to the U.S.: A Comparison with Victim-Offender Mediation

A boy hesitantly appears in the doorway to a meeting room. A large man wearing a name tag greets him thoughtfully and points out where he should sit in the horseshoe of chairs in the room. The boy crosses the room, picks his name tag up off the chair, puts it on crookedly, and sits down. On his face apprehension alternates with bravado. As his mother and sister, done with hanging their coats, enter the room the boy begins to fidget quietly. The large man greets them and points out their places in the horseshoe of chairs; they find their name tags on their chairs and sit down on either side of the boy. Other people that the boy and his family are close to appear in the doorway, are greeted, and move to their seats farther down the arch of the horseshoe: his grandfather and cousin, his basketball coach, his school social worker, an elderly neighbor, and a member of his mother's church. Their faces, and those of his mother and sister, betray various emotions; grim calm, hopefulness, solemnity, foreboding, sadness, and quiet interest. When they are seated, the chairs on one side of the horseshoe arch are full. The investigating officer enters, and sits at the apex of the arch. When they are all seated, the large man leaves the room and comes back with a group of people who have been waiting in a nearby room. The boy's victim enters the room first; she is a small, white-haired woman who shakes a little as she crosses the room and sits in a chair directly across the horseshoe from the boy. The boy glances quickly at her and then looks down and away to avoid her eyes. On her face, anxiety is swiftly replaced by surprise, relief, and then anger as she openly studies the boy across from her. Her daughter, a middleaged woman, sits down on one side of her, and her teenaged grandson takes his place on the other side of the victim. The older woman's minister, two elderly women neighbors, and a middle-aged male friend find their name tags on chairs further down the horseshoe's arch. When they sit down they fill the last vacancies in the horseshoe of chairs. The large man who greeted them all takes his place on a chair at the open end of the horseshoe. He is the conference coordinator and the only one with whom every person present has spoken about this meeting. He smiles quietly, looks around the circle of faces, clears his throat, and begins the family group conference.     

New Perspectives from the Oldest Profession: Abuse and the Legal Consciousness of Sex Workers in China

Although prostitution is illegal, millions of women sell sex in China. In the process, they experience significant abuse and harm at the hands of clients, madams, pimps, the police, and health officials. This article examines the legal consciousness of Chinese sex workers through their interpretations of these abusive experiences. It reveals how they think and talk about them, and how their reactions sometimes translate into concrete actions. My evidence shows that sex workers name abuse as harmful, blame others for it, and occasionally make claims. They also have strong opinions about prostitution policies, and the relationship between these regulations and their experiences of abuse. These findings place scope conditions on previous theories of marginalized people and the law, which suggest that powerless individuals perceive a more peripheral role of the law in their lives. In addition, this evidence enriches our understanding of legal consciousness in China by showing how debates around the concept apply more broadly than previously recognized.     

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.     

论我国农村土地权利制度的完善

新中国成立以来,农村土地权利制度出现过数次变迁,最终形成了农村土地集体所有的制度。农村土地权利制度的不足主要表现在,因为集体所有权概念本身的模糊性,导致集体所有权的主体不明确、农民权利虚化。《物权法》试图通过引入成员权概念来明确集体所有权的主体。成员集体所有在性质上类似于总有,它是完善我国集体土地所有权制度的途径,也是保护农民权益的制度基础。成员权是私法上的权利,不同于村民自治的权利。关于成员资格的认定,原则上应当以户籍为标准,在此之外还应当考虑其他因素。成员权可以分为共益权和自益权两部分,应当完善其救济制度。     

论农民进城落户后集体土地“三权”退出

支持引导进城落户农民自愿有偿退出土地承包(经营)权、宅基地使用权和集体土地股权的政策表达与法律规定,尚存农民进城落户后应否以及何时丧失集体成员资格规则不明、丧失集体成员资格前支持引导退出规则不足、丧失集体成员资格后不自愿退出的应对之策缺失、大量农民进城落户且丧失集体成员资格后集体土地所有权归属之惑等问题。在承包地"三权分置"、宅基地"三权分置"与集体产权制度改革中,宜通过健全集体成员资格丧失标准和程序、完善集体土地"三权"之(最先)优先受让权与土地承包经营权和宅基地使用权之股权化方案、借助土地经营权和使用权乃至非本集体成员继承股权之类别股设计、大量农民进城落户且丧失集体成员资格后集体土地适时国有化等方法,化解上述问题。     

Surnames: History of the family and history of populations

A meeting on surnames was recently held in Lyons, gathering searchers from different scientific horizons such as sociology, history, anthropology, demography and population genetics. We selected the six following papers because of their major interest to history of the family and history of populations. Surnames appear as an important and convenient tool for the study of marriage patterns or of geographical mobility. We also provide some general comments about the different uses of surnames in the current works in the field of historical demography and population genetics. We also mention some examples revealing the social significance of surnames in some specific historical context.     

From france to new france

The history of family names is directly linked to the history of populations. In the French-Canadian case, this history has two main features: a small number of founding members of a population, and a rapid increase due to a high reproduction rate, without any significant new influx of immigrants. Other factors intervened in the success of certain names: differential reproduction rates between regions, how early the name was established; and the use of surnames, which in some cases replaced the original name. With respect to names, France and New France were very different. Research in France on the names of a sample of pioneers going to the New World shows little expansion of several names, particularly in the immigrants' region of origin.     

云南边疆民族地区毒品犯罪透视

云南边疆民族地区毒品犯罪猖獗，农民（包括少数民族）是贩毒的高发群体。这除了跟特殊的地缘位置有紧密联系之外，还与他们自身的弱势地位有关。各种能力的弱势和地理、文化的边缘性在一定程度上推动他们参与贩毒，从而在贩毒方面表现为多体能型、马仔型的特点。要想遏制毒品犯罪，就必须加强边疆地区经济的快速发展，为弱势群体赋权，加强其各方面能力建设。     

Living dangerously: a defense of Mortal Peril

As one of the most controversial writers of our time, just the name Richard Epstein draws immediate attention from all sectors of academia. But if the hallmark of great ideas is the criticism they engender, Professor Epstein's words and thoughts are powerful indeed. In Mortal Peril, Professor Epstein outlined a fundamental shift in thinking that he claimed needed to occur before any discussion of health care could take place. The final consensus of the validity of Professor Epstein's views may still be a matter for history to judge, but in many ways, he has already won; with the strength of his logic and convictions, he has forced other scholars to address his concerns, and in doing so, he has refocused the debate on health care. At the symposium, Professor Epstein proved his indisputable eloquence and debating skill in answering and refuting the various points made by his many critics. Now, in writing, he thoughtfully considers and analyzes the views submitted by his colleagues, and solidifies the ideas that first found their expression in Mortal Peril.     

地名管理中若干法律问题探微——兼对一起楼名权行政诉讼案件评析

地名是用以确定或代表某个地方并与其他地方相区别的文字符号和标记。地名权的本质属性是人身权。地名经过一段时间使用后会获得一定的商业价值,由此而转化得来的利益应是一个派生权,其原生权仍属人身权。因此大楼更名权的诉讼,是具有人身权内容的行政诉讼。地名权属准共有的范畴,为所有权人共有,应适用所有权共有制度中的有关规定。     

‘Mixt marriages’: Ethnic and Religious Intermarriage among German-Speakers in Eighteenth-Century Pennsylvania

ABSTRACT

Civil and religious authorities in eighteenth-century America grew increasingly concerned over the freedom with which young people chose their marriage partners. Correlating racial, religious and cultural similarity in marriage to a stable society, these authorities attempted to limit marriage and sexual choices by requiring parental authority for marriage, distributing permits to a select few to perform marriages, and criminalizing racial miscegenation. Eighteenth-century Pennsylvania German authorities supported this attitude because they associated ethnic and religious out-marriage with the weakening of the body and the destruction of society. My study uses the marriage and birth records of eighteenth-century Pennsylvania Germans to examine their marriage and sexual relationships. I discovered that Pennsylvania Germans overwhelmingly chose to marry other German-speakers, out of proportion with their population. By examining the then available works on marriage and procreation, I discovered that Pennsylvania Germans read works that emphasized the necessity and importance of intra-ethnic and religious sex and marriage for the health of their children. Pennsylvania Germans chose their marriage partners in alignment with their community’s attitudes towards those of other ethnicities and religions. A small data set further suggests that relationships with non-Germans occurred but rarely became formalized. This complicates what we know about the sexual and emotional revolutions in the seventeenth and eighteenth centuries; far from a linear progression of attitudes towards sex, marriage, and others, eighteenth-century Pennsylvania Germans expressed multiple, contextually-driven perspectives, and in the process they created and maintained strong ethnic communities.     

Making the movies real: The death penalty & local TV news

Media organizations, particularly the broadcast media, have become extremely important actors on the public stage over the last three decades. As a result, what the media chose to cover and how they chose to cover it is an important question. That is magnified when the media turn their attention to a public policy issue like the death penalty that already possesses profound social significance. In no other area of public policy can the state impose its will so completely and finally on an individual citizen. Therefore, the public should understand the issues that surround capital punishment. That understanding is virtually always communicated through media organizations because very few of us have first-hand knowledge of the death penalty. In this paper, I explore how television broadcast organizations cover the imposition of the death penalty. How did they carry it out? What themes did they convey? What did the public learn?     

Theorizing the Third Way: Qualified Consequentialism, the Proportionality Principle, and the New Social Democracy

The third way (or new social democracy) occupies a place of prominence in the contemporary political landscape. But it requires, according to one of its leading proponents, Anthony Giddens, theoretical elaboration. In this essay, the third way is identified as being informed by a form of moral philosophy to which the name qualified consequentialism is given. Further, the proportionality principle and associated case law are identified as yielding guidance on how to operationalize qualified consequentialist moral philosophy. Qualified consequentialism is also identified as being open to the criticism that it is insensitive to the interests of individuals. Hence, its application in contexts like the criminal justice system and the workplace can be expected to attract criticism. Finally, the third way is distinguished from earlier (classical) forms of social democratic thought. This is because the new social democracy is not, unlike earlier variants, strongly oriented towards the radical alteration of the liberal societies in which it has gained currency.     

论农民工权益的法律保护

农民工问题的核心在于农民工的生存权和发展权问题。具体到法学语境考察,承认并正视农民工承受的不平等待遇,挖掘出农民工权益缺失的深层原因,以富有人文价值的法律来保障当代中国农民工的平等权利,乃是中国社会全面进步和稳定和谐之关键所在,亦系亿万农民工福祉所求。