Between Christian and multicultural democracy: religious legacies and minority politics

The article presents a comparative analysis of the religious underpinnings of 19 liberal democracies in the West and their relevance for contemporary minority politics. The democratic relevance of religion is conceptualised as stemming from actors (churches, religious parties) and from historical and structural factors such as confessional patterns, relationships between state and church and degrees of secularisation in 19 democracies with a Christian background. The article’s historical mapping demonstrates that democratic development has occurred in distinct patterns rooted in the Catholic?Protestant divide. It then demonstrates that there are distinct effects of this divide on minority politics. It is hypothesised that in line with the confessional patterning of democratisation, Catholic countries and actors seem to be more resistant to the pressures arising from religious pluralisation than Protestant ones and that, even after 9/11, there is no cross-national or cross-confessional convergence in these responses.     

Scottish Independence,State Religion and the Monarchy

The plans of the Scottish Executive/Government for the independence of Scotland, which are very sketchy, are explored in relation to desire to retain the monarchy. The Scottish Parliament has expressed support for the removal of religious discrimination from succession to the throne and instituted an alternative state religion—measures which suggest an alternative relationship between religion and the monarchy will be required in an independent Scotland. Repealing the Act of Union will require decisions as to whether the monarchy remains as Christian, Protestant and Presbyterian in Scotland or whether some alternative religious or secular arrangements will be developed. Accepting the existing religious settlement of the monarchy, or varying it, will generate challenging issues for a Scottish administration that is seeking to be more religiously inclusive.     

‘Til death do us part’: surviving spouses,civil partners and provision on intestacy in Ireland

The Succession Act 1965 brought, it was said, a ‘revolutionary change’ in the law of succession to Ireland (Re Urquhart [1974] IR 197 at 208). However, despite the enormous impact it has had on citizens, in the 50 years since its enactment, the Act has never been subject to a comprehensive review or reform. This lack of legislative engagement in Ireland stands in marked contrast to a number of other common law jurisdictions. In the past decade alone, the Law Commission for England and Wales, the Scottish Law Commission, the New South Wales Law Reform Commission and the British Columbia Law Institute have each placed their respective succession law regimes under the microscope. Responding to this gap in the literature, this article considers the extent to which surviving spouses or civil partners are adequately protected on intestacy, specifically, in Ireland. Highlighting the potentially serious shortcomings of the Irish fractional share approach, and drawing on the experience of a number of common law jurisdictions, the article presents a proposal for reform. In this regard, it places a particular focus on the need to strike an appropriate balance between the competing interests of spouses/civil partners and children in the distribution of an intestate estate.     

Planning for the succession of digital assets

Estate planners’ current strategies for the disposition of digital assets are quickly becoming out-dated. This is largely the result of ambiguities concerning proprietary rights of digital assets after death. When advising clients on how to plan for the succession of digital assets, it is important for estate planners to understand the nature of digital assets today and to recognize how these assets may evolve. In failing to take into account the evolving nature of digital assets, estate planners are liable to craft short-sighted and thus ineffective succession plans. As the popularity of digital executor businesses increases, estate planners ought to caution clients on their shortcomings. Additionally, legislatures must create statutes which outline the rights of individuals vis-à-vis online service providers.     

继承权放弃相关问题之探析

实践中绝大多数的继承纠纷源于继承人对遗产的争夺,但是放弃继承在实践中亦不鲜见,是继承法律制度研究的一项重要内容。我国关于继承权放弃的立法较为抽象和原则,实务中缺乏可操作性,有必要对继承权放弃的相关理论与实务问题进行阐述和探讨。     

Family succession through adoption in the Chosun Dynasty

Using a unique data source of genealogies of upper-status families, called Bulcheonwye families, we assess how the extent of family succession through adoption changed over five centuries from 1450 to 1949 in Korea. Our analysis shows the continued increase in the share of adopted sons among total family successors up to the end of the 19th century when three out of ten family successors were adopted. The trend of the increasing role of adoption is closely related to the declining number of sons per family, suggesting that not only the rising influence of Confucian culture but also demographic changes increased the demand for adoption. Finally, our comparison provides evidence that the likelihood of achieving high social status was significantly higher among adopted sons than biological ones, suggesting that the socioeconomic potential of adopted sons could be an important factor for adoption decision.     

Succession strategies in the Pyrenees in the 19th century: The Basque case

Basque customs in the Old Regime dictated the traditional succession rules of aînesse intégrale, which entitled the first-born male or female child to inherit all family assets (house and land) upon marriage. He or she was then to cohabit with the parents as a stem family, thus securing the transition and continuity of the house. With the implementation of the Civil Code in the 19th century, these ancient succession practices were abolished, forcing families to partition their assets equally among their children. Family reconstitution, succession records, and land registers of the 19th century indicate that, despite the new law, Basque families circumvented the law to transmit their property to one child, thus avoiding partitioning and securing continuity of the house. To perpetuate their ancient succession practices, families elaborated new strategies, showing flexibility toward traditional practices (especially aînesse intégrale) and making concessions to the heir or heiress, spouse, and siblings. They adapted the customs to the new law while maintaining the most essential prerogatives of ancient family traditions (single inheritance) for the survival of the “house system”.     

Radical Protestantism and doux commerce: the trials and tribulations of Nantucket's Quaker whaling community

Abstract

This paper discusses the complex relationship between morals and markets and uses the case of Nantucket as an illustration. I argue that it was a specific Protestant work ethic promoted by Quakerism that facilitated the rise of Nantucket to become the capital of the American whaling fleet for more than a century. However, I also argue that the same morals and values that helped to give birth to the Quaker whaling empire contributed significantly to the downfall of the Quaker community, decades before whaling in general got into crisis. In more general terms this paper attempts to be a historical case study that illustrates the complexities of Albert O. Hirschman's doux commerce argument and particularly the way the Protestant spirit fits into Hirschman's explanation.     

复行为理论下对轮奸“共同正犯说”之反思

我国刑法将轮奸定位为强奸犯罪的加重情节,而非独立的罪名。因强奸犯罪属复行为犯,复行为中的强制行为之上可成立共同正犯,而奸淫行为具有亲手性和排他性,不能成立共同正犯,各犯罪人只能轮流地、各自地实施奸淫行为。轮奸不是典型意义上的共同正犯,而是数个独立意义上的强奸犯罪之叠加,也只能在宏观上被拟制成为"共同正犯",即多犯罪人"在实现各自轮流奸淫被害人的目的支配下"通过参与实施"团体性"强制行为而实现每个犯罪人对被害人的奸淫行为。     

An exploration of testamentary behaviour in twentieth-century Ireland

This article highlights trends in testamentary behaviour in modern Ireland derived from registers of probate cases. Primary findings show a consistently high level of intestacy in modern Ireland. It argues that such rates were more closely related to popular perceptions rather than an understanding of succession law. It also highlights that while real property was not normally divided pre-mortem transfer of non-fixed assets complicated efforts to understand how estates devolved. Testamentary behaviour also shifted significantly in favour of pious bequests in the period under review.