Societal openness during the urban crisis. Partner selection in the 19th-century Belgian textile cities Ghent and Verviers

This paper examines the partner selection of the lower classes during an urban crisis period in early industrial Belgian cities. It was found that in this period characterized by an economic transition, overpopulation, migration and a low standard of living, social heterogamy was high, whereas social homogamy increased, or was ‘restored’, in the subsequent period. The urban crisis effect on partner selection contradicts the claims of modernization theory that there was a gradual increase in societal openness and that societal openness was typically modern, but it fits the idea of the informalization of marriage, a process marked by an increase in unmarried cohabitation and illegitimacy.     

Marriage patterns in 19th-century Vila do Conde: The study of an urban centre in northwest Portugal

This article investigates marital patterns in the urban town of Vila do Conde, northwest Portugal, during the 19th century. The analysis, which is based on the application of the family reconstitution method, reveals differences in marital patterns between rural and urban settlements. It was observed that Vila do Conde displayed different patterns of marriage than those that have often been described for the northwestern region of Portugal, with an emphasis on lower levels of celibacy, as well as lower fertility rates. It was discovered that migration played a very important role in these dynamics. It is a fact that the increasing outflow of male emigrants had a distortion effect on the marriage market. Nevertheless, the influx of in-migrants to the town contributed to alleviate the adult male shortage and resulting gender imbalance, generating lower proportions of celibacy and higher levels of total fertility. Although several important publications have already identified demographic trends in many parishes of the region in focus, few have been concerned with urban parishes. This research aims to contribute to a better understanding of the population dynamics of urban centres in northwest Portugal when set within the context of a number of the structural changes specific to that region and Portugal as a whole in the 19th century.     

Differing patterns of marriage between a city and villages in 18th century Korea: The case of Taegu Area

While the urban area was increasingly filled with middle- and low-status residents, the rural area was dominated by high-status settlers whose number increased because of migration from the city and natural growth. Remarkable differences existed between urban and rural marriage features such as marriage age and rate of remarriage. The more sincere adoption of the high-status marriage culture in the rural area may be attributed to its occupational homogeneity. In the rural agrarian settings, landlords, self-cultivators and tenants shared a similar living pattern and value system based on the agricultural cycle. The urban area, however, exhibited a variety of work patterns of local functionaries, artisans and merchants. Many middle- and low-status people might well have found the high-status culture of the rural area incompatible with their own.     

Abolishing Marriage: Can Civil Partnership Cover it?

This paper argues that all adult intimate relationships should be regulated under one single statute. This statute should be the Civil Partnership Act 2004 (which currently applies to same sex couples). The Matrimonial Causes Act 1973 (which applies to opposite sex couples), should be repealed; it should not be amended to include same sex couples. There would, as a consequence, be no such thing as (legal) marriage. Marriage as a legal construct is a heterosexual and patriarchal institution and is therefore so fundamentally flawed it is beyond the possibility of successful reform or repair. The present system of having two distinct legal means of relationship recognition is akin to sexual apartheid and is therefore unsustainable in the long term. Having a legal system which recognises only one form of legal partnership would therefore formally end a discriminatory system. Despite its drawbacks, Civil Partnership does not have the same extent of symbolic and practical degree of flaws as Marriage.

Science Parks’ tenants versus out-of-Park firms: who innovates more? A duration model

We study the successfulness of Science Parks (SPs) as seedbeds of innovation. We investigate whether SPs enhance the innovative output of their tenants and if tenants outperform comparable outside-SPs firms. We rely on original matching datasets regarding in- and out-SP Finnish firms and their patenting activity over 1970–2002. We estimate and compare the ‘before-versus-after’ hazard rates of patenting of both samples. The results suggest that, given the existence of a common tendency to slow down the pace at which all firms patent during their life cycle, Park tenants exhibit a comparatively better performance. Results are robust to various model specifications and to Wald tests performed over the pooled samples.

从《琉璃宫史》看东吁王朝的王族婚姻

在封建社会,王族婚姻不仅具有一般的社会意义,还具有政治上的意义.本文通过梳理缅甸最权威史书<琉璃宫史>中所记载的东吁王朝王族婚姻状况,对当时的王族婚制、后妃身份、婚礼、婚姻观念等进行文化意义上的分析,由此揭示王室婚姻对政治和社会的影响.     

新婚姻法的进步性与缺陷

修改后的婚姻法具有极大的进步性:体现了法律与道德的融合,克服了原有婚姻法的一些弊端,完善了法律体系。修改后的婚姻法仍存在缺陷:内容不够全面,有些制度不够完善,法律条文存在逻辑上的错误。本文对修改后的婚姻法的进步性与缺陷进行了分析,并希望立法机关制定单行法或最高人民法院作出司法解释弥补缺陷。     

论“君子协定”下的婚内强奸——从婚姻本质说起

一般情况下丈夫与妻子发生性关系并不构成强奸罪.但在有正当理由下妻子可以拒绝丈夫的请求权,若丈夫使用暴力、胁迫或其他手段强行与妻子发生性行为应视情况以虐待罪、侮辱罪或故意伤害罪处罚.若夫妻处于诉请离婚阶段时,夫妻之间的婚姻契约因向法院起诉而宣告有随时解约的可能性,此时丈夫强行与妻子发生性关系属违背妇女意志,应视为强奸罪,但应转为告诉罪以区别一般的强奸罪.     

影响《婚姻登记条例》实施的因素分析

<婚姻登记条例>于2003年10月1日开始实施至今,在实施过程中逐渐暴露出一些问题和隐患,影响到了法律的实效.在实践中有的放矢地切实解决存在的问题,就会改善法律实效,提高法律效果和法律效益.     

我国非常夫妻财产制之建构

夫妻财产问题愈渐在亲属法领域受到瞩目,因它兼具身份法与财产法之双重属性之特点,既引发研究者对亲属法基本理论的思考,又引发其对婚姻家庭制度的审视。基于完善我国夫妻财产制之目的,本文立足于《婚姻法司法解释三》1第4条之规定,既肯定其立法意义,又指出该条的立法不足,同时借鉴域外立法的科学合理性,在必要性与可行性基础上对我国非常夫妻财产制度做了简要建构。