代替父亲,代表孩子。欧洲监护制度的历史略论

Ann Ighe
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引用次数: 1

摘要

无父似乎是一个历史上长期存在的社会问题。在当代社会研究中,我们发现许多关于父亲缺席的社会影响的研究。至少在今天的欧洲,离婚和建立性关系的新方式是比死亡更常见的原因。然而,在1100年至1900年这一漫长的历史时期,有一些特定的社会、人口、经济甚至生物特征,将这些过去的社会与当今的欧洲明显区分开来。一个人在家庭中的归属和地位的巨大重要性就是其中之一。高得多的死亡率是另一个原因。幼儿是死亡率特别高的一个年龄组。但与今天相比,年幼的孩子也更容易失去父母中的一方或双方。因此,通过再婚重组家庭是非常普遍的。以寡妇为户主的单亲家庭也是如此。然而,由于父亲去世而导致的家庭破裂,往往通过部分的、正式的家庭重组来平衡,即使没有再婚,也要让别人接替父亲的位置。本文的重点是概述这种特殊的监护权,即法律意义上的某人何时以及如何取代父亲来代表孩子。在这一漫长时期,管理子女监护权的继承是家庭、亲属网络和更多公共机构,特别是法律领域的一项重要任务。然而,即使是试图讲述一个涵盖了这么多个世纪的整个欧洲的故事也不容易。在此所能达成的最多不过是几项说明,其目标是发起对这些事项的比较性和压倒一切的讨论。
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Replacing the Father - Representing the Child. A Few Notes on the European History of Guardianship
Fatherlessness seems to be a social problem of long historical continuance. In con-temporary social research we find numerous references to studies of the social effects of the absence of fathers. Divorces and new ways to structure sexual relations are, at least in Europe of today, more common reasons for this than loss through death. However, in the long histori-cal period addressed by this publication, 1100 – 1900, there are some specific social, demo-graphic, economic and even biological features that clearly distinguish these past societies from Europe of the present day. The immense importance connected to a person’s belonging to and position within a household is one of them. A much higher mortality rate is another. Young children constituted an age group among whom the death rate was especially high. But young children were also much more often exposed to the loss of one or both parents com-pared with today. Due to this restructured families through remarriage were very common. So was single parent families headed by widows. However, the breaking up of families through the death of a father was often balanced by a partial, formal restructuring of the family, putting someone else in the father’s place even when remarriage did not occur. To make an overview of this particular kind of guardianship, when and how someone in the legal sense replaces the father to represent the child, is the focus of this article. Regulating the succession of guardianship over children was an important task for families, kinship networks and more public institutions, especially the legal sphere, throughout this long period. Nevertheless, it is not easy to even try to tell a story covering all of Europe for so many centuries. A few notes are the most that can be achieved here, with the ambition to initiate a comparative and overriding discussion of these matters.
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