格头村苗族习惯法中的婚姻制度

雷山县是全国最集中的苗族聚居县之一,由于特殊的地理环境和历史背景,较好地保留了原始苗族习惯法文化。保留得最好,能够形成完整系统的最典型习惯法制度就是当地的婚姻制度。历史上传承下来的游方规则、结婚限制规则和结婚形式等制度与国家法多元并存,仍然发挥着重要的作用。     

Family reproduction and stem-family system: From Pyrenean valleys to Norwegian farms

The article presents a comparative study of two stem-family European systems: on the one hand, the well-known central Pyrenean family as found in the Barony of Esparros, and, on the other hand, the one prevalent in highland farms of South-East Norway. In the two communities, the continuity of the “house” was maintained over generations through non-egalitarian practices of transmission to a privileged heir or heiress. Other siblings received compensations or stayed at home unmarried. Comparing long-term mechanisms of the Norwegian odal farm and of the Pyrenean house permits identification of similar strategies of co-residence and more-or-less controlled family reproduction through choice of marriage partner and regulated fertility. These mountainous rural communities developed efficient responses to preindustrial and early-industrial demographic changes, facing and absorbing demographic growth and transition. They had to open to new markets, new techniques of production and exploitation of natural environment – particularly the forest – and adapt to social and legislative change. In both agro-pastoral systems, population pressure created a large group of landless or semi-landless families-cottars, day labourers or servants-whose reproduction strategies (age at marriage and fertility rates) diverged from those of the owners of land.     

Natural population movement and marriage restrictions and hindrances in Styria in the 17th to 19th centuries

To marry has never been an egalitarian option or everybody's wish. There have always been calculations or considerations, structural or individual hindrances and even societal restrictions for individuals to get married despite wishing to do so. Without any doubt and apart from the debate on determination or love and free choice in former times, to marry has always been a societal event, a mutual relationship between personal wishes and societal environmental expectations.

And apart from all the debates on paradoxes in modernization processes, it is clear that in pre-modern times societal marriage restrictions were widespread.

It is very unlikely that people should have been forbidden to marry because they should not have sexual contacts, just for morality reasons. The keys have been considerations and calculations on reproductivity, economic and social resources, social and human capital. This paper deals with aggregated vital data from four parishes in Styria, Austria, covering the outgoing 17th century until the end of the 19th century, in order to detect hints of marriage restrictions.

The paper proves the well-known variety of marriage systems in pre-industrial and pre-modern times. It supports the idea that the presence of marriage restrictions hindered population growth, but the absence of such restrictions did not automatically foster more societal transparency and developmental chances in a modern sense, as mortality and inequality were very strong factors in pre-modern agrarian societies. In the end, the question of marriage restrictions was apparently posed and answered by privileged groups.     

Reproduction and family building strategies in early modern Japan: Evidence from two northeastern farming villages

Drawing data from the local population registers called “ninbetsu-aratame-cho," this study examines the patterns and covariates of reproduction and family building in two farming villages in northeastern Japan in 1716–1870. Marriages in these villages were very early and universal for both sexes, but reproduction within marriage was very low, due in part to curtailment of reproduction at relatively young ages, but also to long intervals between recorded births. Stopping and spacing of family building were achieved primarily by an extensive use of sex- and parity-specific infanticide, which enabled peasant couples to control the size and gender-sequence of their progeny. Women's positions within their household and in the village also influenced their family building processes. Peasant couples in these preindustrial Japanese farming villages were active planners of their reproductive life.     

Procreation,family and ‘progress’: Administrative and economic aspects of Ottoman population policies in the 19th century

The making of the modern Ottoman state in the 19th century was closely interrelated with population issues and policies. ‘Population’ became an important component of Ottoman history throughout the 19th and early 20th centuries. As the state identified the ‘population’ as a source of income after the Tanzimat, it tried to protect and procreate it through certain institutional arrangements and regulations. These policies consisted of protecting the existing population, controlling population movements, promoting procreation, and giving subsidies and lending money at interest to peasant families. The procreation policies included enforcement of marriages and encouragement of reproduction within marriages while they discouraged traditional birth control methods and practices. As in any other context, Ottoman families resisted the policies of procreation and pressures coming from the central government. This paper will examine the state's policies toward families and individuals as well as the responses of the people to these policies. I will attempt to construct a model based on the protection and the procreation policies of the modern Ottoman state, which will be an important springboard toward building a basis for conducting comparative analysis with other European states. By doing this, I will try to challenge some of the established assumptions on the nature of the ‘modern state’ in the 19th century.     

Marriage and power: Age at first marriage and spousal age gap in lesser developed countries

This paper examines age at first marriage for women and spousal age gap as an indicator for female agency from 1950 to 2005. Using a dataset of 77 LDCs this paper seeks to explore which variables determine differences at a country level in marriage patterns. We look at the influence of urbanisation, education, percentage population of Muslim faith, and family type. We find that education is a key in determining at what age women marry, having as would be expected a positive effect on age at first marriage and depressing spousal age gap. Urbanisation is significant, with a positive effect on age and negative on spousal age gap, although the effect is not very large. The percentage Muslim variable depresses female age at first marriage and increases spousal age gap but only when family type is not controlled for. The initially strong negative effect of percentage population Muslim over the period under consideration on age of first marriage has decreased, which raises some interesting questions about the role of Islam in female empowerment.