The pursuit of economic efficiency is the major driver for the birth of contemporary Chinese civil law.Contemporary civil law scholarship has demonstrated a serious concern for efficiency from the very beginning.Howev...The pursuit of economic efficiency is the major driver for the birth of contemporary Chinese civil law.Contemporary civil law scholarship has demonstrated a serious concern for efficiency from the very beginning.However,many examples suggest that the notion of economic efficiency is often diluted or replaced by factors like civil law doctrinal scholasticism,moral notions,inertial thinking of the planned economy or the will of the leader.It has not been systematically attended to or expressed in a detailed and precise way in the contemporary civil law scholarship in China,rendering some economic judgments uneconomical.In the 21 st century,it is necessary for the civil law studies to establish a clearer and more precise notion of efficiency,to conduct more direct and accurate evaluations on civil laws’incentives on people’s behaviors and their socio-economic effects,so as to reduce the cost of social interactions and promote deeper cooperation and winwin outcome among individuals.展开更多
This introduction aims at placing the unfolding sub-patterns of the Asian“Second Demographic Transition”(SDT)in a global context by contrasting them with those of societies with other than patriarchal histories.Firs...This introduction aims at placing the unfolding sub-patterns of the Asian“Second Demographic Transition”(SDT)in a global context by contrasting them with those of societies with other than patriarchal histories.Firstly,fertility transitions to below-replacement level can be achieved as part of the first“altruistic”transition without any SDT traits being present.Secondly,Asian societies are by no means immune to genuine SDT developments,as illustrated by the emergence and spread of pre-marital cohabitation.Thirdly,the SDT cohabitation pattern is still conservative:it is followed by marriage,pregnancies result in shotgun marriages or abortions,and parenthood within consensual unions remains rare.Also divorce rates are low.But it is also argued that all Asian cases are still at the beginning of the possible SDT evolution or have barely started it,and that old ways can die off rather quickly with the succession of generations.Finally,it is shown that the cultural component,i.e.the“Willingness”condition,can act as a bottleneck slowing down the transition to a new pattern of behaviour.We therefore illustrate on a global scale how the spread of cohabitation is part of a broader ethical revolution stressing individual rather than societal discretion in matters of life and death.On the basis of these profiles we expect stronger resistance to SDT patterns of partnerhip formation in Hindu and Muslim societies.展开更多
基金funded by the National Social Science Fund of China,“The Research on the Philosophical and Economic Basis of Chinese Private Law”(14CFX006)
文摘The pursuit of economic efficiency is the major driver for the birth of contemporary Chinese civil law.Contemporary civil law scholarship has demonstrated a serious concern for efficiency from the very beginning.However,many examples suggest that the notion of economic efficiency is often diluted or replaced by factors like civil law doctrinal scholasticism,moral notions,inertial thinking of the planned economy or the will of the leader.It has not been systematically attended to or expressed in a detailed and precise way in the contemporary civil law scholarship in China,rendering some economic judgments uneconomical.In the 21 st century,it is necessary for the civil law studies to establish a clearer and more precise notion of efficiency,to conduct more direct and accurate evaluations on civil laws’incentives on people’s behaviors and their socio-economic effects,so as to reduce the cost of social interactions and promote deeper cooperation and winwin outcome among individuals.
文摘This introduction aims at placing the unfolding sub-patterns of the Asian“Second Demographic Transition”(SDT)in a global context by contrasting them with those of societies with other than patriarchal histories.Firstly,fertility transitions to below-replacement level can be achieved as part of the first“altruistic”transition without any SDT traits being present.Secondly,Asian societies are by no means immune to genuine SDT developments,as illustrated by the emergence and spread of pre-marital cohabitation.Thirdly,the SDT cohabitation pattern is still conservative:it is followed by marriage,pregnancies result in shotgun marriages or abortions,and parenthood within consensual unions remains rare.Also divorce rates are low.But it is also argued that all Asian cases are still at the beginning of the possible SDT evolution or have barely started it,and that old ways can die off rather quickly with the succession of generations.Finally,it is shown that the cultural component,i.e.the“Willingness”condition,can act as a bottleneck slowing down the transition to a new pattern of behaviour.We therefore illustrate on a global scale how the spread of cohabitation is part of a broader ethical revolution stressing individual rather than societal discretion in matters of life and death.On the basis of these profiles we expect stronger resistance to SDT patterns of partnerhip formation in Hindu and Muslim societies.
