Familie und soziale Plazierung

Kocka, Jürgen; Ditt, Karl; Reif, Heinz; Schüren, Reinhard

doi:10.1007/978-3-322-87746-8

Cited by 13 publications

(1 citation statement)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Inheritance is thus no longer, to quote Tilly and Tilly, 10 an iron chain, which, at a time when the preservation of family property dominated the lives of parents and children, served mainly to guarantee family discipline. Inheritance has instead found its old 11 and new function: protecting the offspring's place in social stratification by adding the old to the new property. And another old function of property is renewed in the times of the withering away of welfarism: the safeguard against reduced pension assets.…”

mentioning

confidence: 99%

Individualism and Traditionalism in Inheritance Law in Germany, France, England, and the United States

Willenbacher

2003

Journal of Family History

View full text Add to dashboard Cite

Civil and common-law traditions treat surviving spouses and children differently. The surviving spouse has come to be increasingly protected in common- beneficiaries of inheritances. The attribution of individualist or traditionalist traits to legal concepts of inheritance seems to be futile when legal history is taken into account. The social consequences of inheritance rules depend on the specific historical, social, and economic conditions under which the rules function.The main legal institutions of civil law have traditionally been property, contract, tort, and the family. Scholars of legal and social change claim that property, contract, and tort law, although adjusted to the needs of changing markets, still preserve their original structure transplanted from Roman law.1 Family law, in contrast, depends and depended on contemporary legal ideologies 2 -with the consequence that marriage, divorce, custody, filiation, and support laws have been changed as a result of the move toward empowerment, participation and responsibility, autonomy, self-control, and individual ethics, itself a corollary of the triumphal march of the legal ideals of liberty, equality, and security. 3 The reformers have generally inferred the necessity of legal change from the facts of social change. The second demographic revolution, with its decreasing marriage ratios and increasing divorce and illegitimacy ratios, has been interpreted as a deinstitutionalization of the traditional nuclear family, with the consequence that the legal privileges and traditional barriers that protected marriage have been abolished. The legal concept of "subjective rights" was extended to the field of 208 Barbara Willenbacher is a senior lecturer for the sociology of law at the law faculty of Hannover University. She is engaged in sociolegal research on the law, the family, and gender relations. She has published "The Changing Role of Professionals in

show abstract

mentioning

confidence: 99%