Disconnected relationship values and marriage policies in England

The article examines relationship values which influence the government’s marriage-related policies. It constructs a framework of core values as the ‘conception of the desirable’ to highlight a central problem for the government: there are many conflicting values that can be identified as potentially relevant. Traditional morality and equality highlight marriage as the ultimate goal for heterosexual and same-sex couples by emphasising responsibility, commitment and stability to encourage and strengthen couple relationships. The articulation of these values associated with celebrating marriage is evident in policies such as transferable tax allowances for married couples and couple relationship education. However, marriage is a public and a private institution which encompasses disconnected values. The article analyses the different values that policy-makers confront by examining evidence from interviews with stakeholders which suggests that marriage-related policies do not necessarily resonate with various actors’ understanding of relationship values. They compete with values such as individual autonomy, the desire for financial security and diverse relationships.     

英国宪政传统的历史成因

英国早在盎格鲁 -撒克逊时代就滋生了“王在法下”的法治传统和政治协商传统的最初萌芽。诺曼征服后 ,在强大王权和贵族联合势力大致平衡的力量对比条件下 ,封建法历史地充当了推动法治传统成长的“不自觉工具”。随后形成的普通法以其特有的判例法形式、相对独立的法庭组织、司法职业化以及富有理性的审判方法 ,进一步巩固了英国法治传统的制度基础。与此同时 ,古代的政治协商传统发展到了具有一定代议性质的政治协商新阶段。到中世纪末 ,以普通法制度和议会制度为支柱的宪政传统在英国确立起来。总而言之 ,促成英国宪政传统形成的根本原因还在于国家和社会的适度紧张关系与相对均衡结构。     

The marriage boom: Spanish and Swedish women making sense of marriage during the marriage boom

This article analyzes the marriage boom that took place during the middle decades of the twentieth century. The increase in nuptiality is analyzed in Spain and Sweden from a qualitative perspective, and the authors describe how cultural, social, economic and institutional transformations were understood by women who were in their reproductive period during the marriage boom. In-depth interviews were conducted in both places with 51 women born between 1919 and 1951. The authors argue that it is important that the ways in which the factors previously identified as decisive of the marriage boom are studied for their motivating power, and the way they were or were not made important in people's understandings of their marital practices. The results show that despite the differences between the national contexts of Spain and Sweden, three interrelated themes recurred when the interviewed women framed their marital choices: (1) the normalization of marriage as a life event; (2) religion; (3) and education and work life. The results also suggest that the women highlighted norm systems within which their choices and decisions were made, rather than describing individual choices and decisions as stemming from individual preferences and wishes.     

Divergence and Convergence in the Law of Contractual Penalties and Liquidated Damages Clauses in England,Singapore, and Malaysia

Liverpool Law Review - Contracts often make provision for the remedies available upon breach, i.e., by providing for a sum or stipulation available to either party upon breach by the other (an...     

Law, Patriarchies, and State Formation in England and Post-Colonial Hong Kong

The rise of the modern state is often associated with the demise of particularistic ties and authoritarian patriarchy. Classically, particularism gives way to universalism, patronage, hierarchy, and deference to the 'equalities' of contract. But history is not a one-way street nor is patriarchy all of one kind. Society's legal arrangements, structure, custom, power, affect, and sex swing back and forth between values of distance, deference, and patronage and those stressing greater egalitarianism in personal and political relations. Though they vary in type, patriarchy and particularism as cultural systems do not disappear but ebb, flow, and are revived, their oscillation driven by particular economic goals and political insecurities.     

假结婚、假离婚与错结婚的认定和处理

婚姻法只规定了四种法定无效情形和一种可撤销婚姻。对于假结婚、假离婚与错结婚争睛形如何认定和处理，没有法律规定，实践中往往适用民法总则无效民事效力行为的规定，将其认定为无效婚姻。这是错误的，婚姻有效与无效有其独立的评判规则，不能适用适用民法总则。因而，假结婚、假离婚与错结婚一般不能认定其行为无效。     

The Hindu marriage system in Bangladesh: addressing discrimination

As a social and legal institution, marriage is recognized in every society and by every faith. The author examines the institution of marriage amongst the Hindu community of Bangladesh. After the independence of Bangladesh, no legislative measure has been taken to address the Hindu marriage system. From a gender as well as a religious perspective, the whole spectrum of Hindu marriage has often been criticised as being discriminatory, particularly towards women. Despite the fact that the Constitution of Bangladesh has clearly abolished all forms of gender and religious discrimination, these provisions are not reflected in reality. As a signatory of various international conventions, Bangladesh is also under an international obligation to materialise the notion of equality in its municipal system. This article analyses the various lacunae of the prevalent Hindu marriage system in Bangladesh and their underlying reasons. It also makes recommendations in order to achieve Bangladesh’s constitutional and international obligations toward gender equality.     

Forced marriage: an analysis of legislation and political measures in Europe

Forced marriage is of current international concern in Europe. As many cases involve a transnational component linked to migration, it is increasingly receiving attention at the government level. The serious consequences for women, including sexual violence, and the physical and psychological health risks associated with it, seem to receive little consideration. Recent years have seen a rise in initiatives and measures taken by policy makers throughout Europe. As the focus is placed on criminalization and stringent immigration policies, ethnic minority population groups bear the greatest burden. It is argued that specific criminal laws make it more difficult for victims to come forward, while offering very little or no protection in return. The widespread 21-year age rule in immigration law has been denounced by scholars, institutes and magistrates alike for infringing on the fundamental human right to family life guaranteed by article 8 ECHR. The discourse on forced marriage appears to have reached a crossroads. European governments are faced with the challenge to create policies that protect and support victims, while simultaneously cracking down on perpetrators and safeguarding their borders from abuses in obtaining visas. There is a very pressing need to work more closely with those at risk, involving service provisions to directly support them, instead of a one-side top-down policy framework through which minority communities feel targeted and stigmatized.     

Authentic assessment in contract law: legal drafting

Legal drafting is a vital skill for lawyers and thus it is important for law students to be exposed to drafting throughout their degree. One of the first year courses most suited to this exercise is contract law. This paper discusses the inclusion of a drafting exercise as part of the contract law assessment over four years in terms of the authenticity of the assessment task and feedback from students about the exercise. A sample exercise is included in the paper. These exercises required students to draft clauses to be inserted into a contract or draft a short contract and this work demonstrated an application of the material being covered in class. Initially, this assessment was set as a largely independent exercise with students being directed to relevant resources. It was found that additional scaffolding was needed and each year more extensive resources were provided. Although the students who participated in the survey were predominantly students who had passed the course, the majority each year believed that it was a useful exercise, of value for their future careers and of more practical relevance than other forms of assessment.     

Barriers to marriage and motherhood: the experiences of disabled women in Malaysia

ABSTRACT

The conceptualisation of disability is contested globally and issues in gender studies further complicate the movement towards the development of an inclusive and equal society. However, most disability and gender research studies are based on the data collected in the Global North, and little is known about disabled women in the Global South. The data presented here is from a bigger study focusing on the lived experiences of women with disabilities. This paper sets to explore how disabled women in Malaysia experience their lives in terms of marriage and motherhood prospects. The data of this qualitative study was collected from a set of in-depth interviews involving 32 women in Malaysia with physical (mobility) impairment. Over a period of 6 months, 16 Malays, 8 Chinese and 8 Indian women were interviewed twice. The analysis proposes both retrospective and introspective accounts on marriage and motherhood. The data gathered from the in-depth interviews was transcribed and analysed thematically with the help of NVivo software. The findings indicated that most participants have experienced significant barriers concerning individual constraints, familial control, and societal barriers. These were discussed with the intrinsic aspects and contextual factors of living in a patriarchal and traditional society that significantly undermined the wellbeing of disabled women in this study. Nevertheless, many of those interviewed refused to give up their hope of having a family life despite the constant struggles they encountered in their pursuit of happiness. However, their aspirations to experience family life were restricted and this caused them to experience significant psycho-emotional problems. They were constantly reminded that they were ‘disabled’ and not worthy of experiencing life like other women. The paper will discuss these challenges and negative societal attitudes towards the issue.     

Law and Custom: Insurance in Sixteenth-Century England

A law of marine insurance began to emerge in England in the second half of the sixteenth century. A struggle between merchants and lawyers for jurisdiction over insurance disputes led first to the creation of a merchants’ court in London, and in 1601 of a hybrid court consisting of lawyers – both common and civil – and merchants. In the late 1570s, under pressure from the privy council, a substantial code of insurance was drawn up by London merchants, but it was never formally adopted. Within twenty years custom and practice had moved away from the letter of the rules which had been written down, and the opportunity to create a developed law of insurance was lost.     

试论契约自由及其在我国合同法中的地位

毫无疑问,罗马法应该被视为研究契约自由的起点.正是在罗马法中,契约制度首次得到了全面规定并达到了相当的高度.而且,正是罗马法孕育了契约自由的观念和思想.契约自由从思想到原则的转变是在法国民法典中实现的,而人类进入20世纪之后,契约自由逐步受到限制.在我国合同法中,契约自由也得到了确立,它不仅是我国合同法的一项基本原则,而且也是我国合同法的最高原则.