A Contested Inheritance: The Family and the Law from the Enlightenment to the French Revolution

2018 ◽  
Vol 37 (1) ◽  
pp. 61-87
Author(s):  
Hannah Callaway
Keyword(s):  
Eighteenth Century ◽  
French Revolution ◽  
Social Relations ◽  
Family Law ◽  
Family Relations ◽  
Old Regime ◽  
The Enlightenment ◽  
The Family ◽  
A Site ◽  
The Relationship

This article examines a particularly interesting inheritance case from late-eighteenth-century France to study the intersection of legal practices and Enlightenment ideas at the end of the Old Regime. The case, involving dispute around the estate of a deceased tax farmer, addresses family relations broadly within the specific context of inheritance and spousal assets. The five briefs produced on appeal to the Parlement of Paris show particular engagement with Enlightenment themes of reason, nature, and sentiment. The family was a locus of particular interest in eighteenth-century France because of its implications for social relations and its connection, through inheritance, to royal sovereignty. However, family law has been primarily studied from the perspective of practices, whereas the present article focuses on ideals. The article argues that the courtroom was an important site where the diverse implications of Enlightenment thought on family law were worked out. The argument that family law was a site for integrating ideals into practices has implications for how we think about the relationship between law and social change, as well as, in particular, the relationship between Enlightenment and Revolution.

scholarly journals On the doctrinal principles of family law (The case study of the principle of responsibility for violation of family law norms)

2021 ◽  
Vol 21 (2) ◽  
pp. 169-177
Author(s):  
Anatoly J. Ryzhenkov ◽  
Keyword(s):  
Family Law ◽  
Family Relations ◽  
Legal Responsibility ◽  
Protection Measures ◽  
The Family ◽  
Legal Sanctions ◽  
Relationship Of ◽  
The Relationship ◽  
Scientific Ideas

Introduction. The article proposes supplementing the system of principles of family law with a new doctrinal principle – the principle of responsibility for violations of family law. Theoretical analysis. The article explores scientific ideas about the system of principles of family law, the features of family legal responsibility, the relationship of protection measures and liability measures in family law. Result. The article concludes that only the sanctions of the moral nature should be attributed to the family-legal sanctions. Property sanctions (compensation for non-pecuniary damage, disinheritance, recovery of losses) are of a civil nature, although they reflect the specifics of family relations. In addition to specific sanctions, the essence of family law liability lies in the special composition of the subjects of these sanctions, as well as the special procedures under which they are subject to application.

Intergenerational Family Relations in Luxembourg

2013 ◽  
Vol 18 (1) ◽  
pp. 59-69 ◽  
Author(s):  
Isabelle Albert ◽  
Dieter Ferring ◽  
Tom Michels
Keyword(s):  
Family Relations ◽  
Family Values ◽  
Generation Gap ◽  
Intergenerational Solidarity ◽  
Acculturation Gap ◽  
Family Obligations ◽  
Mothers And Daughters ◽  
The Family ◽  
The Relationship ◽  
Model Family

According to the intergenerational solidarity model, family members who share similar values about family obligations should have a closer relationship and support each other more than families with a lower value consensus. The present study first describes similarities and differences between two family generations (mothers and daughters) with respect to their adherence to family values and, second, examines patterns of relations between intergenerational consensus on family values, affectual solidarity, and functional solidarity in a sample of 51 mother-daughter dyads comprising N = 102 participants from Luxembourgish and Portuguese immigrant families living in the Grand Duchy of Luxembourg. Results showed a small generation gap in values of hierarchical gender roles, but an acculturation gap was found in Portuguese mother-daughter dyads regarding obligations toward the family. A higher mother-daughter value consensus was related to higher affectual solidarity of daughters toward their mothers but not vice versa. Whereas affection and value consensus both predicted support provided by daughters to their mothers, affection mediated the relationship between consensual solidarity and received maternal support. With regard to mothers, only affection predicted provided support for daughters, whereas mothers’ perception of received support from their daughters was predicted by value consensus and, in the case of Luxembourgish mothers, by affection toward daughters.

THE “HARD FORM” OF SCULPTURE: MARBLE, MATTER AND SPIRIT IN EUROPEAN SCULPTURE FROM THE ENLIGHTENMENT THROUGH ROMANTICISM

2008 ◽  
Vol 5 (3) ◽  
pp. 455-486 ◽  
Author(s):  
LINDA WALSH
Keyword(s):  
Eighteenth Century ◽  
Theory And Practice ◽  
Early Nineteenth Century ◽  
External Appearance ◽  
The Enlightenment ◽  
Late Eighteenth Century ◽  
Late Eighteenth ◽  
Familiar World ◽  
A Site ◽  
Aesthetic Values

The apparently distinct aesthetic values of naturalism (a fidelity to external appearance) and neoclassicism (with its focus on idealization and intangible essence) came together in creative tension and fusion in much late eighteenth-century and early nineteenth-century sculptural theory and practice. The hybrid styles that resulted suited the requirements of the European sculpture-buying public. Both aesthetics, however, created difficulties for the German Idealists who represented a particularly uncompromising strain of Romantic theory. In their view, naturalism was too closely bound to the observable, familiar world, while neoclassicism was too wedded to notions of clearly defined forms. This article explores sculptural practice and theory at this time as a site of complex debates around the medium's potential for specific concrete representation in a context of competing Romantic visions (ethereal, social and commercial) of modernity.

“Untold Stories of Issei Women: Collective Images and Individual Experiences in Japanese American Oral History”

2020 ◽  
Vol 28 (1) ◽  
pp. 9-40
Author(s):  
Ryoko Okamura
Keyword(s):  
Oral History ◽  
Family Relations ◽  
Cultural Consensus ◽  
Japanese American ◽  
Men And Women ◽  
Audio Recordings ◽  
The Family ◽  
The 1960S ◽  
Redress Movement ◽  
The Relationship

Abstract This article examines the relationship between the Japanese American redress movement and the oral interviews of two Japanese immigrant women, known as Issei women. Focusing on the shared images of Issei women in the Japanese American community and the perspectives and self-representations of the interviewees in the oral interviews, it explores how cultural consensus produced stereotypical, collective images of Issei women as submissive, persevering, and quiet persons. As the redress movement progressed in the 1960s to the 1980s, the Japanese American community conducted oral history projects to preserve memories and legacies of their wartime experiences. There are dissimilarities between the original audio recordings and the published transcripts regarding the perspectives of Issei women. This article shows how the community’s desire to preserve idealized images of Issei men and women reduced the accuracy and nuances in the women’s self-representations and the complexities of family relations. Also, contrary to the collective images, Issei women demonstrated how they were independent, assertive, and open individuals expressing their perspectives, complicated emotions, and importance in the family.

الأمر بالعشرة بالمعروف في القرآن الكريم وأثره على العلاقات الأسرية

2021 ◽  
pp. arabic cover-english cover
Author(s):  
علي عبد العزيز سيور
Keyword(s):  
Analytical Approach ◽  
Family Relations ◽  
Good Practice ◽  
Family Relationship ◽  
Knowledge System ◽  
The Other ◽  
Legal Text ◽  
The Family ◽  
The Relationship ◽  
Shed Light

يجيب البحث عن إشكالية تتعلق بالعلاقات الأسرية من جهة الاحتكام للأعراف في النفقة والمسكن والملبس وغيرها، مما يترتب على ذلك خلافات تفضي ببعضها إلى المحاكم، وقد تنتهي بالطلاق. وقد هدف البحث إلى : 1 ـ تقديم منظومة معرفية متعلقة بدلالات العشرة بالمعروف من أجل الإسهام في إعادة تشكيل عقلية ناضجة للزوجين تضبط العلاقة بينهما عند الخلاف. 2 ـ تسليط الضوء على أبعاد وحدود المعروف نصًا والمعروف عرفًا في الأسرة. 3 ـ التأكيد على أن العشرة بالمعروف متبادلة بين كل من الزوج والزوجة، لا يقتصر هذا التكليف على واحد دون الآخر. وقد اعتمدت المنهج الاستقرائي عبر جمع الايات القرآنية ذات الصلة وذكر أقوال المفسرين والفقهاء، والمنهج التحليلي في فهم دلالات الألفاظ وتوجيهات المفسرين، والمنهج الاستنباطي بغية الوصول إلى ضوابط جامعة تخدم الهدف العام للبحث، وانتهى البحث إلى مجموعة من النتائج والتوصيات ومنها: اعتبار العرف الذي لا يخالف نصًا شرعيًا قاعدة من القواعد المعتبرة في ضبط العلاقات بين الزوجين. بشرط أن يقع تحت قدرة الزوج وطاقته، وأن يكون مما انتشر بين الناس، وينطبق على الأسرة مثله. القرآن الكريم ـ العشرة بالمعروف – العلاقة الأسرية – الحقوق بين الزوجين – العرف وأثره بين الزوجين. Summary The research answers a problem related to family relations in terms of resorting to customs in alimony, housing, clothing, and others...which results in disputes that may lead to some of them in the courts and may end in divorce. The aim of the research was to 1 - presenting a knowledge system related to the semantics of the good-natured in order to contribute to reshaping a mature mentality of the spouses that controls the relationship between them in the event of disagreement. 2 - and to shed light on the dimensions and limits of what is textually known and what is known by convention in the family. 3 - Emphasis on that good practice is mutual. Between both husband and wife, this assignment is not limited to one without the other. The inductive approach was adopted by collecting the relevant Qur’anic verses and mentioning the sayings of the commentators and jurists, the analytical approach in understanding the semantics of the words and the directives of the interpreters, and the deductive approach in order to reach comprehensive controls that serve the general objective of the research, and the research ended with a set of results and recommendations, including: Considering the custom that does not contradict A legal text is one of the considered rules in controlling relations between spouses. Provided that it falls under the husband’s ability and energy, and that it is something that has spread among people, and applies to the family like him. The Noble Qur’an - Ten Laws - Family Relationship - Rights between spouses - Custom and its effect between spouses.

PROTESTANTISM AND PROGRESS IN THE YEAR XII: CHARLES VILLERS'SESSAY ON THE SPIRIT AND INFLUENCE OF LUTHER'S REFORMATION(1804)

2012 ◽  
Vol 9 (2) ◽  
pp. 303-329 ◽  
Author(s):  
MICHAEL PRINTY
Keyword(s):  
French Revolution ◽  
Historical Context ◽  
Old Regime ◽  
Social Struggle ◽  
The Reformation ◽  
Relationship Of ◽  
The Relationship ◽  
Broad Interest ◽  
The French Revolution

This article examines Charles Villers'sEssay on the Spirit and Influence of Luther's Reformation(1804) in its intellectual and historical context. Exiled from France after 1792, Villers intervened in important French and German debates about the relationship of religion, history, and philosophy. The article shows how he took up a German Protestant discussion on the meaning of the Reformation that had been underway from the 1770s through the end of the century, including efforts by Kantians to seize the mantle of Protestantism for themselves. Villers's essay capitalized on a broad interest in the question of Protestantism and its meaning for modern freedom around 1800. Revisiting the formation of the narrative of Protestantism and progress reveals that it was not a logical progression from Protestant theology or religion but rather part of a specific ideological and social struggle in the wake of the French Revolution and the collapse of the Old Regime.

scholarly journals The principle of self-determination in the family law through history and today

2004 ◽  
pp. 159-178
Author(s):  
Gordana Kovacek-Stanic
Keyword(s):  
Parental Care ◽  
Family Law ◽  
Family Relations ◽  
Historical Context ◽  
Civil Code ◽  
Self Determination ◽  
200Th Anniversary ◽  
Parents And Children ◽  
The Family ◽  
The Moment

In the jubilee year 2004, Serbia marks the 200th anniversary of The First Serbian Uprising, structuring of modern Serbian state and its legal system comparatively speaking, France marks the 200th anniversary of passing the French Civil Code, one of the most significant civil codifications in the 19th century. It was an occasion to study certain institutions of family law through history and today. The used approach is modern, we studied the ways how the principle of self-determination influenced the family-legal solutions today, and we investigated if one could talk about the effect of this principle in the historical sense, too. The principle of self-determination implies the possibility for the subjects of family-legal relations to arrange their own relations themselves ? both the partner and parent relations. However, this principle undergoes significant limitations in the family law because the family relations are personal relations by character, as well as because of the need to protect the weaker participant, both the weaker partner or a child who needs protection stemming from his/her very status. Within marriage law, the principle of self-determination of the spouses (extramarital partners) is, among other things, made concrete through the possibility for an agreement about the effects of marriage (extramarital union), then through the possibility of agreed divorce, while the procedure of mediation in the marriage litigation contributes to the realization of the mentioned principle. As for the effects of marriage (extramarital union), the paper particularly discusses property relations, that is the marriage property contract, because it is at the moment a current issue in our domestic law. Within the relations between parents and children, the concretization of the principle of self-determination in parental care is significant, particularly in the situations when the relations between the parents were disturbed and resulted in a separation or a divorce with the joint parental care (application of the parental right). All institutions are analyzed in the positive law, in the historical context (solutions from the Serbian Civil Code the former Hungarian Law), and viewed comparatively in the European legal systems of the east and west European countries.

MATRIMONIAL PROPERTY RELATIONS IN THE INTERNATIONAL FAMILY LAW: METHODOLOGY OF REGULATION

2017 ◽  
Author(s):  
Yevhen Tkachenko ◽  
Keyword(s):  
Social Relations ◽  
Social Life ◽  
Family Law ◽  
Family Relations ◽  
Self Regulation ◽  
Essential Element ◽  
Legal Regulation ◽  
Legal Regime ◽  
Property Relations ◽  
Law Regulation

As a result of this study, the family law regulation of matrimonial property relations was found to have its specific mechanism which is defined as a single system of legal ways and means providing mainly dispositive legal influence on family relations that allows significant influence of individual self-regulation and restrictions of prohibitions. At the present stage of study, this mechanism is considered as a ‘complex’ phenomenon which has several layers. Therefore, different interpretations of the mechanism for family law regulation of matrimonial property relations, derived at various levels, show not only their distinctive but also their common features. Determination of heterogeneous circumstances affecting the matrimonial property relations requires an analysis of the content and legal regulation of the relations related to property ones, since they are influenced by the mechanism for family law regulation of matrimonial property relations. Therefore, the methodology is the most essential element of this mechanism: it reveals the basic legal principles of family law regulation and directly connects legal tools with the objectively determined needs of social life by using the regulatory functions of law. The structure of the methodology of the mechanism for family law regulation of matrimonial property relations includes permits, prohibitions, instructions, incentives, obligations, sanctions and other ways to influence proper relationships. Methods of family law regulation are determined as methods of legal influence on the relevant social relations. They reflect the essence of a particular legal regime of regulation, while serving as a unifying principle which groups the system of family law and other legal phenomena within the institutions of family law. In this sense, the main methods of legal regulation are the method of subordination and the method of coordination. As a result, it is determined that each family law method reflects a special legal regime of regulation and depends on the formation of a specific set of techniques and means of regulation, among which a special place is occupied by general permits and general prohibitions.

The Archaeology of the French Revolution

2007 ◽  
Author(s):  
Margarita Diaz-Andreu
Keyword(s):  
Eighteenth Century ◽  
French Revolution ◽  
Early Years ◽  
Political Scientist ◽  
Professional Discipline ◽  
The People ◽  
Nineteenth And Twentieth Centuries ◽  
The Common ◽  
The Relationship ◽  
The French Revolution

The nineteenth century saw the emergence of both nationalism and archaeology as a professional discipline. The aim of this chapter is to show how this apparent coincidence was not accidental. This discussion will take us into uncharted territory. Despite the growing literature on archaeology and nationalism (Atkinson et al. 1996; Díaz-Andreu & Champion 1996a; Kohl & Fawcett 1995; Meskell 1998), the relationship between the two during the late eighteenth and early nineteenth centuries has yet to be explored. The analysis of how the past was appropriated during this era of the revolutions, which marked the dawn of nationalism, is not helped by the specialized literature available on nationalism, as little attention has been paid to these early years. Most authors dealing with nationalism focus their research on the mid to late nineteenth and twentieth centuries, when the ideas that emerged during the era of the revolutions bore fruit and the balance between civic and ethnic nationalism (i.e. between a nationalism based on individual rights and the sovereignty of the people within the nation and another built on the common history and culture of the members of the nation) definitively shifted towards the latter. The reluctance to scrutinize the first years of nationalism by experts in the field may be a result of unease in dealing with a phenomenon which some simply label as patriotism. The term nationalism was not often used at the time. The political scientist Tom Nairn (1975: 6) traced it back to the late 1790s in France (it was employed by Abbé Baruel in 1798). However, its use seems to have been far from common, to the extent that other scholars believed it appeared in 1812. In other European countries, such as England, ‘nationalism’ was first employed in 1836 (Huizinga 1972: 14). Despite this disregard for the term itself until several decades later, specialists in the Weld of nationalism consider the most common date of origin as the end of the eighteenth century with the French Revolution as the key event in its definition.

The Loving Community

Caritas ◽  
2021 ◽  
pp. 31-59
Author(s):  
Katie Barclay
Keyword(s):  
Eighteenth Century ◽  
Early Modern ◽  
Social Order ◽  
Early Modern Europe ◽  
Cultural Norm ◽  
Family Household ◽  
The Family ◽  
Modern Europe ◽  
A Site

Caritas was an idea with resonance across early modern Europe, but given shape and form within particular national or religious contexts. This chapter introduces how the Scottish Kirk envisioned caritas as an embodied ethic—an experience of love that was manifested in deportment, thought, feeling, and behaviour—as well as its widespread take-up as a cultural norm. It particularly highlights that the family—the holy household—was imagined as the basis of a social order founded on caritas and introduces how the idea of caritas shaped the practice of the family-household relationships in eighteenth-century Scotland. It explores how the family was located not just as a site of patriarchal discipline, but also of peace and comfort, where fighting and quarrelling (excesses of passion) should be minimized. The family-household was not formed in private, however: its loving behaviours were interpreted and given meaning by a watching community.

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