Professions,absolutism and the role of widows

This article explores the role of widows in the transfer of occupations from one man to the next. The growing Civil Service is especially focused on, with its conflicts between bureaucratic demands, personal and family considerations, and the absolutist state. Within the Civil Service, as well as within public services connected to private business, succession was modelled after practices in the peasant society and in the urban trades, where a widow could continue in business and hand it over to a new husband, a son-in-law or a son. This solved the problem of support for the widows, by making the next man in office responsible. However, it created other problems, which in turn made the development of public pensions necessary.     

A thirteenth-century Anglo-Jewish woman crossing boundaries: visible and invisible

In 1242, the private life of an Anglo-Jewish couple, Muriel and David of Oxford, became very public when David asked the royal curia to intervene in the Jewish court (bet din) which had either refused or stalled his divorce from the childless Muriel. The curia not only agreed to force the divorce, but used it as an excuse to ban all betai din, catching the whole Anglo-Jewish community in the growing anti-Judaism of the time. Though David married a fertile widow who bore him a son shortly before his death in 1244, Muriel lived on in growing poverty. David was the most prominent financier of his time but examining the story from Muriel's usually silent point of view allows us insights into the life of a woman in a growing academic town. Her story especially highlights how she might have interacted with both male and female Christians in her daily life as well as in seeking help with her especially feminine problem of infertility.     

‘NOBLESSE DE ROBE’ IN A CLASSLESS SOCIETY

This article deals with the effect of ownership and control of land on women's remarriages in early modern Western Norway. Marrying a tenant widow gave her new husband the right to tenure. On freeholder farms the eldest son, according to Norwegian odelsrett and åseterett, had the right to inherit the farm. When land-seeking youngsters obtained tenure by marrying tenant widows, these widows became highly attractive marriage partners, in contrast to widows of freeholder peasants where no secure position could be obtained for the new husband. Legal succession rights thus highly restricted the decisions of freeholder peasants' widows. Tenant widows had a wider range of choices closely linked to their control over land and land transfer. They were not mere passive marriage objects. In an open tenant land market widows could choose between running their farm by hired labour or with assistance from their children, they could remarry and thus acquire male labour in their household or they might benefit from giving up their tenure. Their decisions to a considerable degree influenced succession patterns on Norwegian tenant farms in the early modern period.     

Widows’ Men: The Admiralty Board,Precedent, and Pensions for the Widows of the Lost Franklin Expedition

When the British Admiralty announced in January, 1854 that it intended to strike the names of the officers of Sir John Franklin's missing polar expedition off the active Navy List, it had years of legal precedent to support its right to do so. The Board used such precedent to its advantage in ending a search its members had considered fruitless since 1849, the year the expedition's food would have run out. However, in their treatment of the widows made from that decision, Board members consistently pushed against established practice in order to do what they felt was right: to give the widows as generous a pension as the Treasury would approve, and to do so in defiance of the strict rules of eligibility. In 1844, only months before Franklin and 128 men set forth to discover the Northwest Passage, new eligibility guidelines were set that both limited women's access to pensions, and hampered the Board's ability to grant them. Archival evidence that forms the core of this article shows, however, that compassionate treatment of the expedition's widows was central to all discussions of how the Admiralty might move forward on the Franklin disaster, between promoting officers in absentia in order to augment pensions, to waiving the need for proving the date of death in order for families to collect the explorers’ back pay. As this article argues, the 1854 Admiralty Board had powerfully split loyalties: on the one hand, as the press acknowledged, the Board had a duty to perform on behalf of the public, to avoid wasting the nation's money on frivolous or useless searches for men assumed to be long dead; on the other hand, it felt equally strongly the obligation to support those widows who were the product of such imperial adventuring, even in defiance of its own rules. Through an analysis of legal precedent, Naval Instructions, and private Admiralty Board documents, in the case of the Franklin expedition's widows one can perceive a few naval administrators who tried to keep some of the nation's most vulnerable citizens in view even as they managed the bottom line.     

基于小产权房居住满意度的实证研究——以南京迈皋桥地区小产权房社区为例

小产权房是一个涉及广泛民生,持续受到关注的社会热点问题。小产权房交易屡禁不止,是目前政策的难点之一。本文从城乡规划的视角出发,通过对南京市城郊结合部典型小产权房小区的实证调查,了解小产权房居民的居住状况和居住满意度。研究内容涉及小产权房居住区的社会构成,居民对小区外部环境、小区建设状况、小区社会生活的满意度状况,以及小产权房小区违规建设导致的问题,并针对居住品质改善提出建议。最后,从城乡规划的角度对现存小产权房的治理提出一些建议。     

银川城市生活需求的性别差异及规划建议——基于女性主义视角的研究

本文在引入西方女性主义地理学以及城市居民行为空间和生活需求研究的基础上,以银川市为案例,实地调研和问卷调查分析了当今城市社区生活需求的性别差异,对中国两性居民在城市中的生存状态及其对满足生活需求的基础设施的评价,总结居民生活需求的性别差异特征。文章充实了国内关于生活需求性别研究的实证研究,指出性别差异在城市社区规划和建设中被忽视和女性通常处于弱势地位的现实,提出今后城市建设需重视公共交通和步行交通的规划,强调公共设施的人性化和多元化,加大社区服务力度,提高女性居民的社区参与度。     

Eliza’s Babes: Poetry ‘Proceeding from Divinity’ in Seventeenth–Century England

This article examines the poetry and prose meditations in the anonymous 1652 volume Eliza’s Babes: or The Virgins–offering. The article begins by reconsidering Liam Semler’s recent assertion that Eliza was a Parliamentarian and religiously radical, arguing instead that she was a centrist, loyalist Protestant. The article then examines the handbooks to devotion and meditation from this loyalist tradition that helped define Eliza’s understanding of public and private and how these concepts were gendered. In keeping with writers such as Joseph Hall and Daniel Featly, Eliza views her private devotion as on a continuum which leads to public worship, or ‘thanks’ as she terms it. Eliza uses this paradigm of public and private to justify both the printing of her poems and her very unusual theology of marriage, in which she considers Christ her only true husband. The final section of the article considers whether Eliza’s understanding of public and private offers her more ‘freedom’ than other women writers, and concludes that any judgement of her freedom must be carefully calibrated to the religious and political contexts of her book.     

Uxores, ancillae and dominae: women in thirteenth-century Hungary in the Register of Várad

Women’s history for Árpád-era Hungary (1000–1301) has generally been restricted to legal issues and the royal court. This study addresses these deficiencies by examining women in the Register of Várad in regard to three areas of investigation: marriage practices and the involvement of the Church, access women had to property and the access women had to authority. Evidence from the register indicates that by the thirteenth century, ecclesiastical ideas regarding marriage were barely making themselves felt. Ideas of consent and even the indissolubility of marriage were at times unimportant. Though priests were occasionally present at marriages, their role was not decisive. Women had three primary means of obtaining property. They could receive gifts or dower on the event of their wedding, and they could receive a portion of the patrimony. This inheritance was termed the quarta filialis as it amounted to no more than one-quarter of the father’s property. These gifts came under the control of the woman’s husband, and she could not access them until his death. Widowhood combined with guardianship of a minor son could allow women to exert considerable power and, just as elsewhere in Latin Europe, women’s access to public and private authority most approximated that of men’s as a widow. Not all women, of course, had access to such power. The Register of Várad shows numerous instances of women slaves who were under the complete control of their master.     

Early modern ideas about artistic geography related to the Baltic Region

The paper analyses the gradual changes in assistance offered to widows and widowers between 1900 and 1964. It highlights the conflicts between the principle of the family as provider of welfare and the principle of self-help embodied in poor relief, in varying municipal pensions during the inter-war period and in the right to economic assistance legitimised through the Mothers' and Widows' Pension Act in 1964. The development is seen as part of the construction of a welfare society, built on the perception of men as wage-earners and providers, women as wives and mothers. These perceptions of masculinity and femininity resulted in gender-differentiated needs in the case of widowhood, and in gender-differentiated means of covering such needs. Civil status had no importance for men's role as wage-earners, while it was decisive for the economic situation of women. Focusing on the problem of economic support, the paper discusses solutions at the individual private level, at the municipal level and at the national level. The different weighting of widows as mothers or as providers is taken into consideration, and so are consequences of demographic changes in the widowed population.     

The Social and Legal Status of Jews in the Grand Duchy of Lithuania and its Influence on the Status of Tatars and Karaites

Abstract

At the end of the fourteenth century, when Lithuania was baptized, three non-Christian communities — Jews, Tatars, and Karaites — began to settle in the territory of the Grand Duchy of Lithuania, and their legal and social status began to take shape. The segregation of Jews from Christians was legitimized in the first privilege granted for the Jews of Brest in 1388 by the Grand Duke Vytautas (Witold, Vita&?t) the Great. This privilege, which adapted Western variations of the Judenrecht to Lithuanian realities and introduced some local improvements, began the process of the formation of the legal and social status of non-Christians in the Grand Duchy. The expulsion of Jews to the margins of the estate system of the Grand Duchy of Lithuania, the establishment of the incumbency of the iudex iudeorum and internal community court, and the fully formed relations between the Jews and the legal system of the Grand Duchy were used as reference points in trying to define the legal status of the Tatars and the Karaites. In the case of Karaites, Magdeburg law, which was already known in Lithuania, was adopted. Grand Duke Casimir Jagiellon granted such a privilege to the Trakai (Troki) community in 1441, and the Karaite community’s life was organized according to the principles of the existing model of urban self-government. For some time the legal status of the Karaites differed from that of the Jews. Despite its uniqueness, Magdeburg law was not applied to the community’s everyday life, and the Karaites gradually absorbed the privileges granted for the Jews (especially that of 1646). The Tatars, who were socially stratified within their community and thus had different interests, were never granted a common privilege. Those ‘Jewish’ legal and social models, which were adapted for the Tatar community, were best revealed in the Third Lithuania Statute of 1588, which contained more regulations for non-Christians than its two predecessors. The content of its articles shows similarities of the social and legal status of non-Christians and the entrenchment of the social strata of non-Christians. The features of the model applied for regulating the state’s relations with the Jewish community might also be observed in the state’s relations with the Roma (Gipsy) community, which, although Christian, was considered unacceptable in the Grand Duchy of Lithuania because of its way of life.     

Uxores,ancillae and dominae: women in thirteenth-century Hungary in the Register of Várad

Women’s history for Árpád-era Hungary (1000–1301) has generally been restricted to legal issues and the royal court. This study addresses these deficiencies by examining women in the Register of Várad in regard to three areas of investigation: marriage practices and the involvement of the Church, access women had to property and the access women had to authority. Evidence from the register indicates that by the thirteenth century, ecclesiastical ideas regarding marriage were barely making themselves felt. Ideas of consent and even the indissolubility of marriage were at times unimportant. Though priests were occasionally present at marriages, their role was not decisive. Women had three primary means of obtaining property. They could receive gifts or dower on the event of their wedding, and they could receive a portion of the patrimony. This inheritance was termed the quarta filialis as it amounted to no more than one-quarter of the father’s property. These gifts came under the control of the woman’s husband, and she could not access them until his death. Widowhood combined with guardianship of a minor son could allow women to exert considerable power and, just as elsewhere in Latin Europe, women’s access to public and private authority most approximated that of men’s as a widow. Not all women, of course, had access to such power. The Register of Várad shows numerous instances of women slaves who were under the complete control of their master.     

David J. Starkey,Chris Reid and Neil Ashcroft: England's Sea Fisheries. The Commercial Sea Fisheries of England and Wales since 1300. Chatham Publishing,London 2000, 272 pages

Abstract

This article explores the management practice of protection notices, fredlysning, in the traditional practice of eider down harvesting in Northern Norway. Previously, private initiatives were legitimate for protecting land and resources from public utilization, while today only the state authorities have this privilege. By juxtaposing empirical material from current eider down harvesting activities with childhood memories of growing up in this area during the 1960s, and available legal documents, the author finds that some quite radical changes have tacitly taken place, indicating rather tense dilemmas concerning local perceptions of land use issues. Analytically, Olwig's distinction between customary and natural law is used as a tool for addressing the political dimensions of the landscape concept historically. In this perspective, fredlysning fluctuates in and out of codified law through the centuries, and under growing impact of natural law rationale. Land issues, both concerning property rights and public access and use of the common resources of the outlying fields, utmarksressurser, are here understood as very powerful means to bind the people to the land, as a way of transforming the legitimate scale of polity, of building bonds to the nation.     

Locating widows in mid-nineteenth century Pictou County,Nova Scotia

This article takes up the challenge of how to begin to include women in the historical geography of the Maritimes. It makes an intervention through a case study of the place of widows in one mid-19th century county in Nova Scotia. For women, widowhood was a life-phase of conflicting emotions, replete with the contradiction that came from the loss of a patriarch. While it offered potential freedom, widowhood could also signal uncertainty, and often, dependence. The cultural identity and economic and legal treatment of widows represented a strongly patriarchal age in which the doctrines of a ‘cult of domesticity’ and an ideology of ‘separate spheres’ influenced the life-course of widows. Spatial change often accompanied widowhood, with widows moving into a room in their old house, or to a new location.     

Property and ‘publicness’: bishops and lay‐founded churches in post‐Roman Hispania

Accounts of how the church fits into broader narratives of socio‐economic change have been confused by two different issues: an unsystematic application of the terms ‘public’ and ‘private’ to various phenomena, and a separate tendency to elide the ‘public’ with the state. Visigothic thought on lay‐founded churches shows that the legal regime around ecclesiastical properties did not aim at simply enhancing episcopal power. Laypeople had important responsibilities and powers, especially in resisting bishops’ capacities for ‘private’ appropriation of donated property. There existed a sense of communal concern for church property, which was thought of as ‘public’ without reference to the state.     

Public Faith and the Common Good A Radical Messianic Proposal

Abstract

The article inquires into the implications of Christianity not being a religious perspective among others in the contemporary Western debate on religious pluralism. A quick glance at a recent debate in Sweden serves to demonstrate how Christianity, although marginalized in its traditional forms, remains a dominating cultural interpretative scheme that continues to influence the majority’s view on private and public, individual and collective, rational and irrational. Against this background, the author argues, it is imperative that any Christian theologian who engages in the question of religion in the public sphere in the Western world, also must critically confront the question of Christianity’s particular status. Not least in light of contemporary right-wing rhetoric about the West as an exclusively “Christian civilization,” theologians need to reflect on how to avoid articulations of the Christian vision of the common good that manifest themselves at the expense of other religious traditions. The article ends by sketching a possible direction for such reflection.     

A PUBLIC UTILITY APPROACH TO LAND USE

Escalating legal confrontations between private enterprise and government over land use controls are raising the costs of land development and slowly eliminating the potentials for reasonably priced family housing. Equally important, these confrontations are beginning to have more and more of the negative aspects of public utility control processes without any of the associated benefits. Now would seem to be an ideal time in which to review the “public utility” approach to land use controls since it can offer many more benefits than current control systems, while balancing society concerns and private developers' fair return objectives.     

Technology Transfer and the Federal Laboratories

Cooperative Research and Development Agreements (CRADAs) are at the heart of recent federal efforts to increase United States technological competitiveness through the commercialization of public technologies. CRADAs are comprehensive legal agreements for the sharing of research personnel, equipment, and intellectual property rights in joint government-industry research. Since 1986, over 2200 CRADAs have been entered into. This study provides a midterm evaluation of the CRADA process. It finds that important legal obstacles remain in the use of CRADAs. Progress is also impeded by a lack of industry familiarity with research in the federal laboratories, as well as inadequate federal funding for research collaboration.     

"随嫁田"与宋代富家妇女的经济地位

Prosperous families in the Song Dynasty maintained the custom that a daughter went to her husband’s household with a piece of land to ensure her economic position. During the Song Dynasty, the economic status of women from wealthy families was maintained at a high level. Neo-Confucian doctrines attempted to change the situation largely but they failed, even though during the Southern Song Dynasty Neo-Confucianism gradually rose to stand as the national ideology. Some people clamored for the Southern Song Dynasty regime to eliminate or to limit the custom of bridal dowry land in private, but the majority still favored the judicial practice in the protection of the wife’s right to her property.     

Debt Cancellation in the Classical and Hellenistic Poleis: Between Demagogy and Crisis Management

Abstract

This article discusses the way the ancient Greeks dealt with public and private debts, focusing on one specific aspect: debt cancellation. On the one hand, ancient Greeks were aware of the risks entailed in debt relief as a tool for fuelling civic strife: sources describe it as a demagogic or even criminal action often in association with the political agenda of tyrants. On the other hand, however, Greeks knew well also the benefic effects of debt cancellation in coping with financial and political crisis. In late accounts of archaic history, debt relief is the solution to civic strife and the foundation act of political order. Some public decrees of the Hellenistic period attest debt relief as a communal decision of the polis, dictated by the necessity of preventing or solving ongoing or imminent crises. This second meaning and purpose of debt cancellation should perhaps urge us to reconsider from a different perspective the “politics of debt” in today’s Europe.