Slaves, servants and wage earners: Free and unfree labour, from Grotius to Blackstone

This article provides an intellectual history of the status of wage earners as conceptualized within the natural law paradigm by European writers both on the Continent and in Britain. Historians of political discourse have mostly investigated the consequences of such a status for the political rights of labourers. This article shows that the crucial moves were made by different authors analysing the relation of servant to master either in the domestic sphere or in private contracts. The article further contends that that resulting deeply ambiguous analyses implied a far from complete personal freedom for wage earners. This had a decisive impact on different visions of commercial society in early modern times, and left a significant legacy for moderns.     

La persistance des relations pre-politiques entre agents de l'autorite et classes populaires pendant la revolution francaise (le discours public de l'autorite en situation d'emeute)

This article provides an intellectual history of the status of wage earners as conceptualized within the natural law paradigm by European writers both on the Continent and in Britain. Historians of political discourse have mostly investigated the consequences of such a status for the political rights of labourers. This article shows that the crucial moves were made by different authors analysing the relation of servant to master either in the domestic sphere or in private contracts. The article further contends that that resulting deeply ambiguous analyses implied a far from complete personal freedom for wage earners. This had a decisive impact on different visions of commercial society in early modern times, and left a significant legacy for moderns.     

完善合同解除制度的必要性和条件

合同解除是我国合同法中的一项重要制度。合法有效的合同,既对当事人有严格的法律约束力,当事人又可以依据合同法中的规定解除有效成立的合同。这就要求合同当事人既要尊重合同的严肃性,又可以结合合同订立后的实际情况行使合同解除权。     

中国高星级酒店业主与国际酒店管理集团的委托管理关系研究

本研究从委托管理视角,剖析中国酒店业主委托国际酒店管理集团管理的经营现状、动因及存在问题。研究结果表明：成功的委托管理是酒店业主与国际酒店管理集团管理方实力对等与利益平衡的结果。通过研究,本文构建了一个从酒店筹建到经营管理全过程、融合业主与管理方文化的共赢合作模式,以期为预防和化解国际酒店管理集团与中国业主合作中存在的矛盾提供新的思路。     

《徽州千年契约文书》契名考校

由中国社会科学院历史研究所收藏整理、王钰欣和周绍泉先生主编的<徽州千年契约文书>为徽学界提供了大量珍贵的历史文献资料,实属功德无量,然而由于种种客观原因,王、周二位先生整理契约文书的过程中,在立契人姓名、立契时间、契约内容等方面仍有些讹误和不足之处.本文对这些错误和不足进行逐一考校.恢复徽州契约文书的本来面貌,为徽学研究提供精确的文本.     

明代徽州木商经营实态——《万历郑氏合同分单账簿》研究

《万历郑氏合同分单账簿》为祁门奇峰郑氏木商经营的合同、分单、账簿的汇编,时间跨度大,内容丰富。账簿记载了郑氏木商历年木材砍伐的利润分配、股份形态,详细反映了徽商的经营实态,多层次、多分支的股份关系值得关注。账簿还揭示了商业经营与地方社会中宗族内部成员、异姓宗族之间的互动关系,也折射出了商业发展与社会变迁的历程。     

The Impact of Small-Scale Development Projects on Archaeological Heritage in Africa: The Tanzanian Experience

The governments in Africa implement various development projects to improve livelihoods. The projects are both large and small scale. Large-scale projects include construction of dams, railway lines, roads, industrial complexes, expanding cities and new mines. Small-scale ones include establishing new residential houses and maintenance of roads linking administrative divisions. Both large- and small-scale projects involve land disturbance and have the potential to destroy archaeological heritage particularly when not accompanied by salvage studies. Unfortunately, archaeological salvage studies largely focus on large-scale projects. Only a handful of studies may have investigated the impact of small-scale projects. This paper focuses on small-scale projects and investigates the seven-hectare archaeological site of Bweni in NE Tanzania. The project to build fishing ponds on an area of only 350 m² destroyed archaeological heritage including human remains and ceramics of the early Swahili period, ceramics and beads of the Swahili ‘golden age’ period, and archaeological records of the post-Swahili period.     

“Shop-lease Contract with Sar-qofli” in the Post-Iranian Revolution Era: Deletion of “Haqq-e kasb o pisheh o tejārat” from the Law of Lessor–Lessee Relationships

In contemporary Iran, many shops are under the “shop-lease contract with sar-qofli.” In this contract, sar-qofli, a strong usufructuary right supported by intangible assets such as the shop's reputation, is given to the tenant. The “shop-lease contract with sar-qofli” originated from a traditional merchants' custom in Iran's business quarters. After the 1979 Revolution, the Law of Lessor–Lessee Relationships, which provides a legal framework for the practice of “shop-lease contract with sar-qofli,” was completely revised, since Islamic jurists regarded haqq-e kasb o pisheh o tejārat as problematic. Haqq-e kasb o pisheh o tejārat, the legal designation of sar-qofli, was based on a heterogeneous value concept introduced into the Iranian legal system from abroad during World War II. As a result of this revision, another alternative for asset management was granted to shop owners. Nevertheless, “shop-lease contract with sar-qofli” remains the most widely employed form of lease in Iran's property lease market.