Suchergebnisse

The treaties and the regulations of the Council of Europe offered greater protection to minors against the attacks on their lives and health. However, the effective implementation of this is carried out through national criminal laws. In the European countries, the criminal laws set certain infringements against the minor's life and health including aggravating offenses, which are committed by a certain person against minors. Some of them are similar, others, though, differ from one state to another, which consequently requires their unification to ensure a minimum of protection.

During the first half of the 19th century, social public care was organized along two directions: commitment of professional beggars, without a family, in specialized institutions, and home assistance of beggars with families (by a monthly pension and by an annual change of clothes). The article relies on archive documents, such as potential beneficiaries' help requests, administrative documents issued by the authorities, lists of help beneficiaries, inquiries, etc. It presents aspects related to the practical functioning of the social assistance: types of beneficiaries, pension distribution procedures, abuses and frauds. The legal limitations of the administrative rigidity of the pension system were strictly defined, even before the assessment of the real needs in society. This is the reason the efficiency of the pension system was lower than expected both by the authorities and the beneficiaries.

At the begining of the 19th century, the political authorities of Wallachia were using two apparently different approches, but in complementary, regarding the beggars, namely social care and repression. Their common denominator is that they intended to unconditionally forbid begging. By examining public archive documents, we intend to present the theoretical organization of a new public social care institution (the beggars' institute) and the way it practically functioned. The beggars' institute was an establishment with a double mission: care and repression. Different records and documents about the institute's functioning (administrative correspondence, demands of confinement or releasing, etc.) allowed us to examine the beneficiaries of this type of social care and the confinement procedures; the institute's internal organization (its security or its curative capacities); the abuses authorities sometimes committed when hasting to keep beggars away from the public space; releasing conditions from the institute; perceptions (of ordinary people or of authorities) on the institute and the beggars.

Divorce is, irrespective of the perspective of approaching the phenomenon from the point of view of the society typology, a form of social deviance that has as effect the dilution of family image and norms. We do not discuss here of a dilution of the traditional norms concerning family, as someone might misunderstand, it is an erosion of the idea of family in general. "Family" starts to have other forms than the "official" ones. Divorce is the last step in the process of erosion and dissolution of the central axis of the family – the marital couple. Despite the fact that we have considered the divorce as the last step in this process of dissolution, we have to admit the fact that, after the divorce, considering that the old couple had children, the existence of the family does not cease, it just takes a new form.
The research of the archives, preserved due to the parish notes (often duplicates), provides the opportunity of identifying the main issues at a certain epoch in the Romanian rural world concerning divorce and the act of divorcing. Our research is structured in two directions: 1. a broad one, through which we will make a quantitative analysis of the size of the phenomenon in the counties of Bihor and Satmar (by observing the particularities in the county seats) – in this way, we will try to calculate the divorce gross rate (by calculating the number of divorces at one thousand inhabitants); 2. the other direction, through a case study on the Greek-Catholic parishes of the diocese of Oradea, will pursue a rather qualitative analysis without ignoring the quantitative aspect. The choice of the Greek-Catholic parishes was made for several reasons: the first is the quality of the materials preserved; the second is the fact that the confession, unlike the Roman-Catholic one for instance, accepts the divorce, thus providing the opportunity of bringing to light the separations undoubtedly existing in the Catholic environment; the third is that we think that, by its position as compared to the two Churches (Catholic and Orthodox), the Uniate Church provides an image that is closer to the reality as shown on the level of the whole population in the region.

The family, its formation, the relationships between man, woman, children and relatives, as well as the relationships with the rest of the community were filtered by the "village gossip". The need for a strong solidarity that was necessary in the unfriendly conditions at the time compelled the individuals to accept the cohabitation with other members of the family (including the extended one) and with the rest of the community. More often than not, the individual behaviour acquired the expression of the collective behaviour. Such an influence of the community was obvious in the traditional rural societies. However, in time, it became progressively diluted under the pressure of modernity.
We can see that there were deep changes as the area integrated to an economic circuit that would lead to imposing new mutations in several economic sectors. The economic development and the dissemination of non-agricultural activities associated to urban development whose influence went growing brought about alterations in the family relations. Then, there were mutations in the relationship between the family, the domestic group and the household resources. These changes were not obvious in all localities in the region: some of them were still anchored in the traditional as the new managed to penetrate more difficultly, while major changes on the level of the collective mental could not be perceived on a short span of time. Nevertheless, under the influence of modernity, society influenced the family not only in point of form, but also insofar as its role and functions were concerned. Mentalities changed together with the form and nature of society. Family was no longer big; it did no longer accept the interference of the relatives and even less that of the community. Changes were more visible in the city; however, once the social, cultural and economic changes, they became obvious in the countryside too. The nuclear family was the new family model where interference from the outside was insignificant.

This study proposed, first, to carry out, based on archive documents, an incursion as regards matrimonial relationships of XVIIIth century with all legal, economic and social connotations involved. The marriage contracts studied fall into a typology more closely of what was happening in the same period in Western Europe than in South Eastern Europe. This is because such acts have emerged within the former county of Arad in the first half of the century after the establishment of Habsburg domination and after the German colonists were brought into the area.
Besides the juridical problems regarding the contractual liabilities of the spouses, the status of the children, some problems related to wealth and dowry, I tried to mark out some aspects regarding the everyday life of Arad's inhabitants in the XVIIIth century.

Mixed marriage is one of the factors providing the link between interethnic and interreligious communities. Ethnic and confessional diversity of the population imposes a communication, an interference of different ethno-confessional communities. As these communities were living together, it was natural that this "cooperation" should be visible in the case of marriage. Given the context, mixed marriages acquired an innate multiculturalism due to the need for living together. The "social barriers" completed the ethnic and confessional differences. The State becoming more and more powerful in time imposed itself and promoted a new perception of mixed marriage through a lay legislation. On the other hand, in the mixed Greek-Catholic and Roman-Catholic communities, inter-confessional marriages were more easily accepted officially as both confessions were under the same hierarchic authority, the Pope. It is important to get a glimpse of the ethnic structures and their dynamics, as well as of the confessional realities to have a clear image in the analysis of interethnic or inter-confessional marriages. Marriage may be one of the social mechanisms to change the demographic volume of certain communities not only quantitatively, but also qualitatively, and to alter traditional spiritual values.

The historical-demographic approach of family in their relationship with society with different transitory societal or community typologies is a complex initiative that needs a methodological approach including peripheral elements as well, besides a deep analysis on the central defining elements. The historical demography and other sciences, such as anthropology or history of mentalities, by directly or collaterally approaching the family, often make references to the three important moments in the individual's life: birth, marriage and death.
We have used several categories of documentary sources in our survey. We have the information on the population in north-western Romania due to the ecclesiastic notes (in the parish records or reports and the bishopric notes); on the other hand, we have the information provided by the Austrian and Austro-Hungarian state. Methodologically, the first phase of our research consisted of the preparation of the documents investigation strategy, as expected. In our research, we consider the fact that we approach the area of ecclesiastic entities, as most of our sources for the 19th century belong to the church. This imposes a stress on the confession and its importance. Besides confession, an aspect that we wish to underline is ethnicity. In our investigation on the family the main stress was laid on the survey and analysis of different marital behaviours. Through different constraints and determinisms entailed by the possibility to choose, marriage is highly relevant in establishing behavioural laws (if they ever existed!?). The dimension of the marital market corroborated with the ethno-confessional and socio-professional realities provided the particularities of the marital phenomenon.
Referring to the lay and ecclesiastic legal framework, we support the need for a flexible approach of the topic. The logic of this foray consists of the visualisation of the legal framework – rigid and impregnated with an obvious moralising discourse – on the one hand, and the image of conformism and means of adaptation of the individual, on the other hand.
The starting point of the family is marriage. If we approach marriage from the point of view of the confessional and ethnic conditioning, we get to an analysis of the mixed marriages phenomenon. In fact, the analysis of the ethno-confessional and socio-professional determinisms and of other types of community or individual conditions can be easily carried out in the case of mixed marriages. The central point of our research is the analysis of Romanians', Hungarians', and Germans' marital behaviours without ignoring the image of this phenomenon at other populations in the area.
An analysis on birth and death rate, or natural growth, is able to provide information on the impact demographic phenomena had upon family. A world where death rate was very high and where family would react through a high birth rate was undoubtedly influenced by the demographic flow. Irrespective of the society typology, divorce, concubinage, and illegitimacy (no matter their way of manifestation) were forms of social deviance leading to the dilution of family image and precepts. We do not discuss here a dilution of the traditional precepts on the family, as someone might misunderstand; it is an erosion of the idea of family in general. The "family" began to acquire other forms than the "official" ones. From the relationship of the family with the community were born mentalities, roles and social statuses. The family, its formation, the relationships between man, woman, children and relatives, as well as the relationships with the rest of the community were filtered by the "village gossip". The need for a strong solidarity that was necessary in the unfriendly conditions at the time compelled the individuals to accept the cohabitation with other members of the family (including the extended one) and with the rest of the community.