Delinquent activity among Jewish and Arab junior and senior high school students in Israel

This study compares the criminal activities of male and female Jewish and Arab junior and senior high school students in Israel based on self-reported criminal activities. The sample consisted of 906 randomly selected junior and senior high school students. The findings indicate that Jewish students committed more types of delinquent acts when compared with their Arab counterparts; males committed more delinquent acts than females; and Arab females had very low rates of delinquency. The findings are discussed in light of possible influences of cultural and ethnic origin and knowledge about possible discrimination against Arab juveniles by the Israeli criminal justice system. Theoretical and practical implications of the results are suggested.     

Political Liberalism, Marriage and the Family

Can and should political liberals recognize and otherwise support legal marriage as a matter of basic justice? In this article, we offer a general account of how political liberals should evaluate the issue of whether the legal recognition of marriage is a matter of basic justice. And, we develop and examine some public reason arguments that, given the fundamental interests of citizens, could justify various forms of legal marriage in some contexts. In particular, in certain conditions, the recognition of some form of legal marriage may be the best way to protect the fundamental interests of women as citizens in freely chosen associations. Or, it may be that, in certain conditions, to secure the social conditions necessary for gays, lesbians and bisexuals to be free and equal citizens, some form of legal marriage can or should be recognized.     

国家与婚姻:婚姻自由的宪法之维

作为宪法基本权利的婚姻自由,是指婚姻当事人享有自主地决定自己婚姻的权利,免受国家的非法干预与侵犯.婚姻当事人按照法律的规定,有权基于本人的意志,自主自愿地决定自己的婚姻问题,既不受国家的强迫、限制或其他方式的影响,也不受第三人的干涉和强制.我国法律规范中限制公民结婚和离婚的某些规定,与宪法婚姻自由基本权利是相冲突的,国家对婚姻自由限制只能是在宪法精神下基于合理的、正当的理由且只能由法律予以规定.婚姻自由是否可以包括同性婚姻近年来被少数群体呼吁,其法律理论需要从宪法平等的层面进行探讨.同性婚姻的法理学源于宪法平等而非婚姻法,即性的平等而非男女平等,同性婚姻如果需要国家的保护,首先需要对宪法平等权作扩张的解释,然后才有可能进入由法律规范调整的讨论视角.     

变性人婚后变性权及其婚姻家庭关系问题探析

变性权是自然人根据自己的意愿选择并依法通过变性手术改变性别的权利。已婚者享有变性权,可以独立行使该权利,无须征得其配偶的同意,也不应以离婚为条件,但其变性权应受法律规制。同时,婚后变性不能引起婚姻关系的自然解除。对婚后变性不离婚的,应将其婚姻关系作为一种例外予以承认。双方欲解除婚姻关系的,只能依照行政程序登记离婚,或者依照司法程序诉请离婚,并妥善处理好未成年子女抚养、监护和探望问题。     

The effect of linkage on the calculation of DNA match probabilities for siblings and half siblings

The loci in many forensic multiplexes are often selected to avoid linked loci. However as the multiplices used increase in the number of loci represented instances are occurring of loci that are loosely linked. As yet little attention has been paid to the likely consequence of this. We begin the process of developing formulae to give the match probability at two linked loci for full and half siblings. The methodology proceeds from the previously published joint IBD states for two linked loci [B.K. Suarez, J. Rice, T. Reich, The generalized sib pair IBD distribution: its use in the detection of linkage, Ann. Hum. Genet. Lond. 42 (1978) 87; J.K. Haseman, R.C. Elston, The investigation of linkage between a quantitative trait and a marker locus, Behav. Genet. 2 (1972) 3–19]. Our formulation has the drawback of assuming linkage equilibrium. This assumption may be tenable as a first order approximation. We hope to stimulate work on developing better treatments.     

The effect of linkage on the calculation of DNA match probabilities for siblings and half siblings

The loci in many forensic multiplexes are often selected to avoid linked loci. However as the multiplices used increase in the number of loci represented instances are occurring of loci that are loosely linked. As yet little attention has been paid to the likely consequence of this. We begin the process of developing formulae to give the match probability at two linked loci for full and half siblings. The methodology proceeds from the previously published joint IBD states for two linked loci [B.K. Suarez, J. Rice, T. Reich, The generalized sib pair IBD distribution: its use in the detection of linkage, Ann. Hum. Genet. Lond. 42 (1978) 87; J.K. Haseman, R.C. Elston, The investigation of linkage between a quantitative trait and a marker locus, Behav. Genet. 2 (1972) 3-19]. Our formulation has the drawback of assuming linkage equilibrium. This assumption may be tenable as a first order approximation. We hope to stimulate work on developing better treatments.     

婚前购买婚后还贷的房屋之归属

一个案例2000年9月,某甲以自己的名义购买了一套二手房,价格为100万元,向某银行贷款70万元,期限为20年。2001年10月,某甲与某乙结婚,该房屋作为婚房,甲用自己的收入偿还贷款。2003年9月,甲、乙两人因感情不和要求离婚,就该房屋权属发生争议,焦点在于该房屋为甲的个人财产还是甲     

Patterns of Psychological Aggression, Dominance, and Jealousy within Marriage

Few empirical studies with representative samples have focused on the gendered aspect of psychological aggression and its sub-constructs of dominance and jealousy. Those that do report on gender differences, often fail to report on important dyadic factors such as whether the aggression is unilateral or bilateral in nature. Differences in psychological aggression, dominance, and jealousy constructs were assessed in a representative sample of 453 married parents. Overall, women had significantly higher dominance, jealousy, and psychological aggression scores. Both male and female respondents in relationships where there was bi-directional severe psychological aggression demonstrated higher mean levels of severe psychological aggression, dominance, and jealousy than did their counterparts who were unilaterally severely aggressive. This is the first study to demonstrate that bilateral psychological aggression is associated with higher mean levels of psychological aggression, dominance, and jealousy scores for both male and female partners than unilateral aggression. Contrary to our hypothesis, there was no differential impact of severe psychological aggression by gender.     

The analysis of coercive chains between children,mothers, and siblings

The study examines coercive episodes observed between young children, siblings, and their mothers in two samples of families. One sample consisted of aggressive children, the other of nonaggressive children. Aggressive children initiated more coercive chains, especially when the mother and the sibling had been acting neutrally, and engaged in longer chains than normal children. The longest coercive chain occurred when sibling conflict took place in the aggressive group. Findings showed the level of coercive behavior within chains was a function of the initiator of the chain. The initiator had substantially higher levels of negative behavior throughout the chain, compared to the level shown by the recipients of the chains. This held across both samples. Moreover, the initiator was more likely than the recipient to terminate the chain by displaying the last negative response.     

Regulation of Cohabitation and Marriage in Canada

Marriage in Canada had lost much of its legal significance because of the extension of many of the incidents of marriage to unmarried cohabitants of the same or opposite sex. This process has resulted in large part from decisions of the Supreme Court of Canada that discrimination on the basis of sexual orientation or marital status is constitutionally impermissible. In a decision that seemed to many a surprising reversal of this trend, the Supreme Court of Canada in 2002 ruled that legislators could constitutionally exclude unmarried couples from family property laws. The effect of this decision has been to revive the legal significance of marriage. At the same time, courts have resurrected the social significance of marriage by accepting the argument of same-sex marriage advocates that a "separate but equal" civil union institution would not respect the constitutional guarantee of equality and by endorsing the constitutional right of same-sex couples to the symbolic value of marriage as a public and legal celebration of a relationship. Same-sex marriages may now be legally celebrated in three Canadian provinces, and the federal government has made a commitment to open up civil marriage to same-sex couples across the country. While some same-sex couples and unmarried cohabitants have fought for spousal or marital status, others have sought to avoid the burdens associated with spousal status. After the same-sex marriage debate is concluded, Canada will be ready to move on to consider whether all of the legal privileges and burdens now assigned to those in conjugal relationships, whether married, unmarried, same-sex or opposite-sex, can be justified.     

Marriage and the Moral Bases of Personal Relationships

Marriage is a legal institution. Current debates about whether it should be extended beyond its traditional heterosexual constitution, and whether many of its legal incidents should apply to couples who live together without marrying, and about the introduction of civil partnership (modelled closely on marriage) for same-sex couples, make an examination of its contemporary role particularly timely. This article is about the interplay between the institution of marriage and ideas of obligation within personal relationships. It takes as its starting point some commonly held opinions. First, that the sense of obligation which hitherto guided people's behaviour in their personal relationships has much diminished or even disappeared. Second, that this diminution is reflected in the decline in marriage. We will then examine what the evidence of an empirical study conducted by the Oxford Centre for Family Law and Policy reveals about the way people in married and unmarried relationships understand the nature of their personal obligations. In doing this it will be seen that the moral bases which underpin people's personal relationships is complex and does not correspond in a simple way with formal, external social categories.     

Reproducing a Fit Citizenry: Dependency, Eugenics, and the Law of Marriage in the United States, 1860-1920

Between the Gilded Age and the Progressive Era, American state legislatures enacted a series of new laws that delineated a class of citizens who were deemed ineligible to participate in the institution of marriage. Scholars have characterized this development as evidence that lawmakers had lost faith in a laissez-faire approach to nuptial governance, and thus transformed marriage into an object of public regulation. This essay argues that behind the ostensible nuptial privatism of the mid-nineteenth century lay a self-conscious policy of judicial governance. Judges invoked the language of nuptial privacy and the common law of contract strategically to advance their vision of moral and economic discipline. The new marital prohibitions thus represented, the essay argues, not the expansion of the state's police power into the previously private realm of domestic relations, but rather a critical transformation in how nuptial reformers and lawmakers understood the relationship between marriage and the well-being of the polity.
Fueled by growing concerns about pauperism, the racial character of the urban proletariat, and the collapse of the economically independent single-male-breadwinner household, the changing form of nuptial governance signaled a thoroughgoing intellectual and strategic reorientation from an understanding of marriage as forming economically and morally viable households – the fundamental units of society – to an understanding of marriage as a largely procreative institution, as the literal source of the citizenry. This reconceptualization of marriage underwrote a strategy of nuptial governance that mobilized marriage as a strategy in the state's regulation of social reproduction.