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Resistance and reform: discourses on marital law in Japan*
Authors:Etsuko Toyoda  David Chapman
Abstract:This article examines opinions concerning fūfubessei (a married couple retaining their birth surnames) posted on an online forum. Recently, the topic of fūfubessei has once again come under a spotlight, since the Japanese Supreme Court upheld the constitutionality of the Civil Code Article 750, which stipulates that a married couple must choose either the husband's or wife's surname upon marriage registration. Owing to the large number of women forfeiting their surnames, the fūfubessei issue has often been researched from feminist perspectives, which may have hindered the voices of others. This article analyzes, using text mining (quantitative analysis) and discourse analysis (qualitative analysis), a large number of opinions from people of various cultural backgrounds. The results of this study reveal a diversity of beliefs and attitudes towards Article 750, reflecting the complexity of the issue. In general, proponents of reform claim the law violates equality, rights and liberty. From opponents there was a strong push to conform rather than to recognize a need for individual choice. Moreover, the many personal narratives provided insight into issues on the ground and revealed how many in Japanese society have dealt with the law, social pressure and social expectations and why they have followed the path they have chosen.
Keywords:Japan  name  civil code  marriage  family  society  discourse analysis  text-mining
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