浅析婚生子女推定和否认制度的完善

纵观世界各国立法,我国在今后的婚姻立法上要吸收国外经验,从婚生子女的概念研究入手,完善婚生子女推定和否认制度,使法律更具有操作性,更多地保障婚姻当事人的合法权益及未成年人的利益,又可维持良好的社会秩序和家庭的稳定。     

The persecution of German Romanies: the case of Osnabrück, 1933–46

Studies of racial persecution in Germany, particularly during the Nazi period, now appear on almost a daily basis, so that every victimized minority has received attention. Antisemitism remains the main focus of research but the Romanies have now begun to attract scholars. While historians have studied Jews in virtually every location and over short time periods, they have tended to examine the situation of the Romanies at the national level using a longer time frame, recognizing the continuities of racial persecution that link the Nazi years with the rest of the twentieth century. Panayi brings out these longer-term patterns by focusing on the case of Osnabrück. He begins with an account of the historiography of Romanies at both the local and national level, and contrasts this with the general attention that German history of the first half of the twentieth century, especially the Third Reich, has received. The narrative then moves on to use the limited information available on the Osnabrück Romanies to carry out a detailed examination of the realities of their everyday life and the attitudes of the authorities towards them in the town between 1933 and 1946. Panayi’s study falls into the German social history approach of Alltagsgeschichte, which uses the specific to draw out the realities of the general national picture.     

Ararat and the politics of ‘preserving’ denial

ABSTRACT

Daldal analyses Atom Egoyan's film Ararat (2002) in terms of its ‘truth claims’ and its ostensible critique of the politics of denial of the Turkish authorities. Her essay is not an apologia for Turkish attitudes but claims that, while searching for the ‘truth’ amid denial and deception, the film creates its own ‘official history’, which is presented as the history, mostly based on nostalgia and ‘post-memory’. The Armenian diaspora still relies heavily on the genocide in order to build consciousness and cohesion, and Ararat contributes further to the need for sacred codes, sacred lands and sacred myths. Although the Turkish denial of the genocide is unacceptable, by demonizing the Turks and Turkey, the film contributes to the preservation of that denial, which has been helpful in the creation of diasporic Armenian identity.     

Reviews

Book reviews: Robinson, Cedric J., Black Marxism: The Making of the Black Radical Tradition (reviewed by Frederick Knight); Robinson, Cedric J., Black Movements in America (reviewed by Frederick Knight)     

Contours of Memory in Post-Nazi Austria

Knight discusses both domestic and foreign aspects of the post-war Austrian 'landscape of memory', going back to the Anschluss and the antisemitic violence that followed it. In the years after 1945 this memory was sidelined, first by the West in the interests of the Cold War and then by the Soviet Union, although it has persisted in a subterranean sort of way. Since the 'Waldheim affair' it has surfaced to join a new international politics of sensibility about the Holocaust and related issues. Austria started in 1945 from a position similar to that of Germany but thereafter took a different course in respect of the 'national question' and the creation of a governing party coalition. Paradoxically, at a time when Austria has ceased to be exempt from scrutiny, sections of its society have become more sensitive about the magnitude of Nazi crimes than they ever were before.     

Fighting with phantoms: a contribution to the debate on antisemitism in Europe

ABSTRACT

The point of departure of this paper is the polarization of ways of thinking about antisemitism in Europe, between those who see its recent resurgence and those that affirm its empirical marginalization and normative delegitimation. The historical question raised by this polarization of discourses is this: what has happened to the antisemitism that once haunted Europe? Both the current camps—‘alarmists’ and ‘deniers’, as they are sometimes known, or, perhaps more accurately, new antisemitism theorists and their critics—have the strength to challenge celebratory views of European civilization. One camp sees the return to Europe of an old antisemitism in a new and mediated guise. The other sees the return to Europe of a rhetoric of antisemitism that is not only anachronistic but also delusory and deceptive. Overshadowing this debate is the memory of the Holocaust and the continuing presence of the Israel–Palestine conflict. The aim of this paper is to get inside these discourses and deconstruct the dualism that generates homogenizing and stigmatizing typifications on either side. The spirit of Hannah Arendt hovers over this work and the question of the meaning of her legacy runs through the text.     

Constructing the 'Jew', Writing the Holocaust: Hungary 1920-45

Jewish and non‐Jewish French intellectuals have tried to prove that antisemitism has no firm roots in France. In fact, much current research shows quite the opposite. Biblical Israel was a source of inspiration; modern Jewry is often seen as an unacceptable anomaly.     

Real Denial Rates: A New Tool to Look at Who Is Receiving Mortgage Credit

ABSTRACT

The observed mortgage denial rate (ODR), calculated from Home Mortgage Disclosure Act (HMDA) data, is often used to measure mortgage credit availability, but it does not account for shifts in applicants’ credit profiles. In this article, we develop an additional tool, which we call the real denial rate (RDR), as a way to account for credit differences and hence more consistently measure denial rates and mortgage credit accessibility. We match HMDA data with CoreLogic proprietary data to obtain both borrower demographic information (e.g., income and race and ethnicity) and mortgage credit characteristics (e.g., loan-to-value ratios, debt-to-income ratios, and credit scores). We account for shifts in applicants’ credit profiles by considering only the denial rate of low-credit-profile applicants. Our RDR results show that conventional mortgages have higher denial rates than government mortgages do, racial and ethnic differences are smaller than the ODR indicates but are not eliminated, and small-dollar mortgages have higher RDRs, particularly in the government loan channel.     

Rebuttal versus Unmasking: Legal Strategy in R. v. Zundel

Conventional scholarly wisdom has it that most Italian Americans in the United States were loyal supporters of the policies of Fascism in the inter-war years but eventually rejected the antisemitic measures that Benito Mussolini's regime adopted in their ancestral country in 1938. Contrary to such an interpretation, Luconi argues that many Italian Americans themselves held antisemitic attitudes and, therefore, did not distance themselves from Fascism after Mussolini launched his campaign against Italian Jews. He also contends that these attitudes resulted less from an ideological commitment to Fascism than from both the strained relations between Italian Americans and Jewish Americans, and the antisemitic climate of opinion that characterized American society in the 1930s. Italian Americans and Jews were partners in the labour movement and the Democratic Party. Yet the former resented the latter's distrust in Italian Americans' labour militancy, as well as the earlier rise of Jews in the hierarchies of the unions and the Democratic Party. Furthermore, Italian Americans and Jews competed for jobs, political patronage, cheap housing and relief benefits, especially during the Depression years. Such ethnic rivalries and the appeal of right-wing organizations to Italian Americans contributed to make the latter prone to antisemitism. As a result, few Americans of Italian descent came out against the racial policy of the Fascist regime.     

Selective Perceptions: The Stockholm International Forum on the Holocaust

Abstract

Adamson's conference report focuses on those speeches delivered at the Stockholm International Forum on the Holocaust that evinced a nationalistic tendency, particularly those given by delegates from Bulgaria, Latvia, Hungary and Turkey. He addresses the relationship between social conditions and solidarity with local Jewish communities, and shows, for instance, that whereas the representatives from Latvia and Turkey suggested that hardship was likely to threaten solidarity, the representative from Bulgaria argued rather that hardship was likely to enhance it. Another issue taken up concerns how moments from the historical past are put to use as constituents of national myths: whereas the speakers extolled resistance against the Nazis as the heroic acts of individuals, any collaboration was drained of intelligibility and a sense of responsibility, and reduced to being merely an episode of the national tragedy. Adamson also observes that the representatives from Latvia and Hungary put considerable emphasis upon their respective domestic legal statutes and their prohibition of racial hatred; this, he argues, is a very weak source of moral justification. Adamson then goes on to analyse and criticize the speeches delivered by the Bulgarian and Latvian delegates. On this subject he concludes that, in terms of, for instance, self-sacrifice or resistance against the Nazis, the former's speech considerably exaggerated the benevolent character of the Bulgarian people as a whole; it also, falsely, suggested that deportations of Jews in particular areas outside Bulgarian borders were not carried out by ‘Bulgarians’, and described, contrary to the evidence, the Bulgarian parliament as unanimously opposed to antisemitism. The Latvian delegate, in her turn, offered a rather subjective theory of the origins of ‘barbarity’ that was historically dubious.