人之发展与法的规制

从技术上说,人有三个基本属性,即生死、财产和性。当代社会与初民社会在这三方面有不同侧重,在初民社会（特别是中国社会）是＂家庭——国家＂同构关系,在当下则是＂公司——国家＂同构关系。中国的法治、甚至政治体制的现代化在一定程度上就是从家国同构,走向公司与国家同构,至少在经济领域应该如是。在中国的现代化过程中,必须以人为中心,以实现人内在三大基本属性为主旨;在创设各种新的组织以及随附而来的法律规制中,必须贯穿上述理念。     

弃婴与收养:计划生育与村落生育文化的冲撞与耦合——对1990年代赣南农村计划生育政策运行逻辑的一项微观解读

20世纪末赣南农村涌现的弃婴潮和收养高峰在一定程度上消解了国家计划生育政策的实施绩效。弃婴与收养的潮起潮落,不仅折射出村落生育文化的转变,更裹挟着国家与农民关系的转型意味。在这个意义上,计划生育政策背后所隐藏的实际上是国家与农民关系问题,亦即国家权力该如何与数量众多且又高度分散的小农相对接的问题。由此,国家计划生育目标的实现不仅依赖于政策制度的设计,而且要充分考量政策运行的社会基础。     

“…everywhere she went I had to tag along beside her”: Family,life course,and everyday mobility in England since the 1940s

Mobility is one of the most important constituents of everyday life, yet it is rarely studied historically and we know little of how it relates to changing family and life course constraints. Using data drawn from oral life histories, this article examines changes in everyday mobility over the past 60 years focusing both on changes over the life course and on the constraints imposed by family structures. We argue that, like residential migration, daily mobility has been closely related to the life course, with women especially affected by the constraints of motherhood and marriage. However, there is evidence that such constraints have changed over time, and that some older people today enjoy more mobility than they did at earlier life stages. We also argue that the independent mobility of children was closely related to the family structure in which they were situated, but that these constraints have changed much less over the past 60 years. The oral testimonies examined also highlight the variability of mobility experiences and the role of the individual in fashioning mobility behavior.     

Age and family structures among the Jews of Mitau,Kurland, 1833–1834

The article analyzes an 1834 listing of the Jewish inhabitants in the city of Mitau in the province of Kurland, one of the Baltic provinces (the other two were Estland and Livland) of the Russian Empire. From Catherine the Great's reign onward, the Jewish population of the Baltic provinces rose steadily throughout the 19th century, but microstudies of Jewish communities in the region are virtually nonexistent, especially for the first half of the century. The Mitau list shows that the Jewish population there was very young, with about 45% being in the age group 0–14. Age at first marriage for males was about 24 years, and for females 21. From about age 35, 93% of males and 97% of females were married. The mean size of the family group was 5.8 persons, and about a third of all families were either extended (containing unmarried relatives beyond the nuclear family) or multiple (more than one kin-linked conjugal family unit). Judging by kinship terms in the source, the kin system tilted toward patrilineality, as would be expected. These characteristics need to be compared to other Jewish communities before and after 1834—in the Baltic area and surrounding regions—but the paucity of local studies suggests that some time will pass before the Mitau findings can be placed in an adequate comparative framework.     

Children in the 20th-century family economy: From co-providers to consumers

The position of children in the family economy changed fundamentally from the 19th century onward. In the Netherlands, the first child labor act was introduced in 1874; compulsory schooling was established in 1901. Since then, the economic contribution to the family income by children has gradually disappeared. Until the 1960s, in working-class families, the financial contribution of adolescents to the family income remained of great importance. Young workers gave their whole wage to the family in exchange for housing, food, clothes, and some pocket money. This article describes how the economic role of teenagers has changed since then. Nowadays, children and adolescents do not contribute to the family purse any longer.     

Choices and constraints in the migration of families: The central Netherlands, 1850–1940

This study investigates the lives of the women and children who accompanied the soldiers to the British garrison at Gibraltar during the last decades of the 19th century. Marriage in the army was controversial, and officials were divided on the subject: some saw the benefits of married life and realized the large amount of unpaid labor contributed by the women of the regiments; others believed that marriage was the “serious evil of marching regiments.” This study uses a military census taken in 1878 to analyze the age and sex structure of the military population at Gibraltar. Its structure is distinctive with no elderly individuals and few children in their teens. This pattern was the result of army directives, such as those governing the age of dependents and controlling marriage among the troops.     

The family strategies concept: An evaluation of four empirical case studies

In this article, the preceding case studies are evaluated from the perspective of the family strategies concept. The studies have yielded new insights in the relationship between the family and the labor market and in the labor allocation within families. In addition, they have shown the tensions between individual life plans and collective needs. It has been difficult, however, to reach firm conclusions about which strategies were deployed by families. One of the problems is that the motives of the family members remain hidden. In addition, our databases need to be more finely tuned to the strategies concept. In particular, we know too little on the range of (strategic) options of families in the past.     

Graves and families in Japan: Continuity and change

The population aging in Japan has been accelerated not only by the nation's longest life expectancy at birth but also by its falling fertility rate. As the existence of a Japanese family's grave presupposes the continuity of the family line, Japan's current low fertility rate has increased families without progeny who now face problems of their family graves becoming “disconnected.” In this study, historical trends of graves in Japan were analyzed — how the idea of traditional family grave was socially constructed and how it has transformed society, culture, and families. In addition, analyzing the Japanese General Social Survey (JGSS) 2001, it addresses the importance of gender on people's expectations about burial partners in current Japanese society. The analysis of JGSS-2001 data revealed that although the majority of people chose graves with succession across generations, younger generations were more likely to support diversified graves than were older generations, and this difference was greater for women than for men. Finally, understanding problems and limitations of current Japanese graves, future issues of Japanese graves will be addressed.     

Cooperation and coordination among siblings: Brothers' migration in France, 1870–1940

Recent works emphasize the role of the family in migration decisions. They particularly insist on the specific schedule of mobility that depends not only on an individual life cycle but also on the situation of the whole family at a given time. French military registers provide us with very detailed longitudinal information on migrations, scarcely available in other sources. We consider the smallest family group, male siblings, and focus on their migration behaviours. We start by testing the simplest family indicator, birth rank, and we show that, by itself, it has no effect on migration decisions. We then study whether or not there is competition among siblings and, in particular, if the migration of one of them encourages or prevents mobility of the others. Comparing the chances for an individual to move before and after the migration of his brother, we show that brother mobility did have a positive influence on someone's own mobility. However, we find little evidence of the use of networks when looking at migrants' place of destination. Sons are more prone to move in a given family than in another but they don't go to the same places. Therefore, we argue that mobility appears as a collective decision that depends on family strategies. This approach sheds new light on the migration process while insisting on its family component.     

Family breakdown and the ‘Welfare Child’ in 19th and 20th century Britain

This article traces new cycles of interest in past children as distinct from past childhood. Recent work highlighting that a conceptualisation of childhood existed even in periods with few written records closes the chapter begun by Philippe Ariès in 1960. Instead, there has been a new surge of interest in children on the edges of family life, as well as children in similarly liminal positions between the worlds of adults and children: runaways, delinquents and orphans. Several themes in the literature are identified, based on the conflicting ideas of ‘body/mind’, ‘victim/threat’, ‘needs/rights’. It is noted that researchers are using more imaginative ways of reaching the lived experience of children than the family or institutional framework, and that an increasing link is drawn between historical and modern concerns such as child abuse and the care of ‘at risk’ children.