转型时期中国的法律与社会论纲

社会转型必然要求法律转型 ,相应地必然逐步促使法学理论的更新。作者强调 ,政治文明就百一种知识政治和法治政治 ,知识经济必然要求知识政治 ,适应新经济的新法制是政治文明的表现 ;在可持续发展、法律全球化、农村法治建设等问题上 ,法理学要主动适应、有所作为。尤其是 ,法理学要把西部开发法治和民族法研究作为极其重要的学术研究方向 ;在不久的将来 ,“应用法理学”将应运而生。本文提出了中国法理学正面临的九大课题。     

邓小平对二十世纪末中国社会的十大贡献

20世纪末,中国社会的崛起、民族的振兴和经济的腾飞,令世界瞩目,邓小平为中国社会发展做出了巨大的贡献。他带领中国人民开辟了一个崭新的时代,实现了党的工作中心的转移,促进了人们解放思想,创立了中国特色社会主义建设新模式,确定了社会主义民主政治建设的方向,树立了"抓紧时机发展自己"的发展观,设计了"三步走"的战略目标,赋予了中华民族伟大复兴的强大生机,引导中国融入了世界先进潮流。     

Beyond the census. Reconstructing Dutch women's labour market participation in agriculture in the Netherlands,ca. 1830–1910

Many historians have pointed out for various countries that nineteenth-century national censuses do not accurately reflect women's economic activity. This was no different for the Dutch national censuses. In this article, we argue that under-recording was especially severe in agriculture, and that this problem increased towards the end of the century. The rise in under-recording was partly due to an increased irregularity of women's work on farms, but it also reflected changing living standards and ideologies, in which work was increasingly defined as undesirable for women. In relative terms, agriculture did become less important to men and women alike because of mechanization and industrialization. Nevertheless, agriculture continued to employ many women, especially married women and daughters working on their husbands' and fathers' farms. By offering additional source material and methods for estimating women's labour force participation in agriculture on a regional level, such as relating their occupational status to their husbands', and estimating the number of days worked, we aim to offer an enhanced methodology for gauging the work of women in agriculture, which may be applied to future research.     

Spectacular Death: Sheng Xuanhuai's Funeral Procession in 1917

This article focuses on the extravagant funeral procession of Sheng Xuanhuai (1844–1916) in November 1917. This mile-long procession attracted over a million spectators and, thereby, lent the residents and sojourners in Shanghai of the day a unique visual sensibility of the modern urban milieu. Various parties to the funeral procession—namely the colonial authorities, the bereaved family, businessmen, and lower-class spectators—developed various tactics to manipulate the spectacle of the procession for political control, commercial gains, and visual pleasure. The author argues that the spectacularization of daily life, as exemplified by the 1917 funeral procession, and a collective will to look and to be looked at in early twentieth-century China, contributed to binding together otherwise segregated people, thus restructuring interpersonal relationships in the modernized city of Shanghai.     

We were conscious of the sort of people we mixed with

In the Republic of Ireland, the family is both a private entity and a construct of the state, and the relationship between family and state is outlined in the Irish constitution. In the Northern Irish state a similar conviction that the family unit is essential to the welfare of society has been implicit in social policy and legislation, as has the classification of women's place. Access to financial resources has played a significant role in situating the family in society and income and social class were inextricably interwoven.

This paper explores how social attitudes have shaped family behaviour and identity in mid twentieth century Ireland, particularly in terms of the part played by women. Class consciousness and definitions of “respectability” are considered, using oral history testimony from a number of women remembering when they were young in the 1930s and 40s. The interviewees accepted the domestic role assigned to them by popular consensus and social policy. Their stories contain frequent references to their reluctance to associate with people whose occupations were judged to be inferior because of the lower status accorded to certain kinds of work. The paper will consider the extent to which legislators and policy makers shared such class awareness and how that might have influenced the shaping of the family unit in Ireland in the middle decades of the twentieth century.     

Domestic servants and diffusion of fertility control in Flanders, 1830–1930

This article uses a mixed method approach to analyse whether urban domestic service functioned as a diffusion channel in the fertility decline. The central hypothesis is that nineteenth century female, rural-born domestic servants were influenced by the reproductive habits of their middle and upper-class employers, who were vanguards in the adoption of family size limitation within marriage. This happened via a process of social learning, a mechanism of social influence in heterogeneous social networks. Female domestic servants are an excellent research population to study reproductive ideas and behaviour because they were large in number and had a particular social position in between the working and upper classes and in between rural and urban environments. This paper is unique in its use of qualitative information to analyse social fertility diffusion and in the incorporation of geographical mobility in the statistical part.     

Public affairs,privacy, and family stress: a case study in rural northern Sweden in the mid-nineteenth century

This article is a case study based on court records. What seems initially to be a petty theft gives rise to remarkable events. Affairs that are initially private later become public. Various events in and around the court throw light upon the way court and community respond to family stress in a mid-nineteenth century rural northern Swedish community. Testimonies by a large number of witnesses in court reveal a society in transition with elements of a money market, which means here a huge amount of ready money in circulation and arenas ready to shelter private transactions.     

Another Baltic Postcolonialism: Young Latvians,Baltic Germans,and the emergence of Latvian National Movement

This article looks at the emergence of Latvian nationalism in the mid-nineteenth century from the intercultural perspective of postcolonial theory. The writings of early Young Latvians, and the reaction to them from the dominant Baltic German elite, show that the emergence of a modern Latvian nationalism is to a large extent due to postcolonial mimicry, as described by Homi Bhabha. Attempts to imitate German cultural models and to develop a Latvian high culture lead to hostile reactions from the German side, which, in their turn, lead to increasing consolidation of Latvian nationalism. Since the Baltic German elite increasingly legitimized its rule in terms of cultural superiority, the Young Latvians' alliance with the Russian Slavophiles led it to treat the Latvian nationalists as culturally inferior and partly Asiatic, like the Russians.     

16～17世纪老挝世俗文学及其特点

16～17世纪是老挝世俗文学的蓬勃发展时期,出现了长篇叙事诗、寓言、诗体小说、纪事体散文等文学体裁,并涌现出大量的优秀文学作品。这些作品在内容和形式上与印度文学和佛教文学相互渗透融合,呈现出佛教化、民族化、同质化等特点。作品既充盈着浓厚的佛教色彩,又贯穿着老挝本土的伦理文化和道德文明。     

全国外国法制史研究会第十八届年会综述

就2005年8月在西宁市召开的全国外国法制史研究会第十八届年会上与会学者就其中心议题“20世纪外国刑事法律的理论与实践”提交的一些重要论文及就此展开的学术讨论进行了概括性和综合性的介绍。