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1.
Women's increased economic independence is often regarded as a major contributor to the rise in the divorce rate since the 1960s. The rise in female labor-force participation and educational attainment has eroded the benefits of the traditional gender division within marriage and reduced the negative financial consequences of divorce. Women's employment may also undermine traditional marital role expectations and increase stress and marital conflict. In contrast to other countries, the Netherlands has seen virtually no empirical support for this economic independence hypothesis to date. This article tests this hypothesis by examining women born between 1903 and 1937. The results of multivariate analyses confirm the economic independence hypothesis: both a high level of education and labor-force participation significantly increase women's likelihood of divorce.  相似文献   

2.
The interspousal tort immunity has been understood as a common law rule that was codified in the English Married Women's Property Act, 1882. It was explained as a necessary consequence of the wife's coverture and was justified by the doctrine of marital unity. This conventional account mischaracterizes the complexities underlying the development of the immunity and the reasons for its reformulation in the nineteenth century. This article traces a different trajectory, showing that the interspousal tort immunity was not articulated until Phillips v Barnet in 1876, and examining the way it came into being as a result of the reforms to divorce law and to the property rules of coverture. Although already implicit in the governing principles of the pre-reform law, the nineteenth-century expression of the rule concerning interspousal tort immunity was a product of the contemporary reforms to coverture at least as much as it was a product of coverture itself.  相似文献   

3.
Recent studies have suggested that incarceration dramatically increases the odds of divorce, but we know little about the mechanisms that explain the association. This study uses prospective longitudinal data from a subset of married young adults in the National Longitudinal Study of Adolescent Health (N = 1,919) to examine whether incarceration is associated with divorce indirectly via low marital love, economic strain, relationship violence, and extramarital sex. The findings confirmed that incarcerations occurring during, but not before, a marriage were associated with an increased hazard of divorce. Incarcerations occurring during marriage also were associated with less marital love, more relationship violence, more economic strain, and greater odds of extramarital sex. Above‐average levels of economic strain were visible among respondents observed preincarceration, but only respondents observed postincarceration showed less marital love, more relationship violence, and higher odds of extramarital sex than did respondents who were not incarcerated during marriage. These relationship problems explained approximately 40 percent of the association between incarceration and marital dissolution. These findings are consistent with theoretical predictions that a spouse's incarceration alters the rewards and costs of the marriage and the relative attractiveness of alternative partners.  相似文献   

4.
The absence of occupational titles for women in historical censuses has stymied numerous scholars. Various authors have explained this phenomenon as carelessness or bias on the part of the census-takers. Women's work was of little interest to the authorities and census officials focused their efforts upon the activities of the head of household. While source triangulation can be a useful tool for uncovering ‘hidden’ employment of women, it is often a complex and time-consuming process. In this article we outline an alternative to deal with the issue of missing occupations of single women in censuses by exploring their living arrangements. We identify four aspects of co-residence that can highlight the roles played within the household by single women without registered employment: their relation to the head of the household, and that individual's occupation, property and marital status. Comparing data from the 1814 population census regarding two social agro-systems and the city of Bruges, we argue that occupational titles of single women were not randomly omitted by the census officials, but reflect the embeddedness of these women in the family economy and household. While we do not refute recent research that stresses single women's economic independence during the long eighteenth century, our findings suggest that for a subset of singles this was not the case. We claim that by studying registered labour only, the historical picture of single women's work is biased or at the very least incomplete.  相似文献   

5.
Over the past three decades, Hong Kong has witnessed unprecedented economic prosperity, a decrease in family solidarity, an increase in social problems, and a dramatic rise in the incidence of divorce. Under colonial rule for 150 years, which ended with the return of sovereignty to China in 1997, the identity of the Hong Kong Chinese is a combination of traditional Chinese and modern Western culture. Despite Western influences, Chinese cultural heritage remains the major source of influence in all aspects of life. This article presents a summary of traditional Chinese culture, characteristics of contemporary Hong Kong society, factors believed to influence the high divorce rate, and the impact of divorce on Hong Kong families. The development, use, acceptability, and effectiveness of mediation in Hong Kong is reviewed, and suggestions for adapting it to Chinese families are proposed. Direction for future development of mediation in Hong Kong focuses on the need for further research to develop a scientifically sound knowledge base that will help to inform culturally competent mediation practice.  相似文献   

6.
Women's authorship has historically been underrepresented in criminal justice publications. The current study updates previous research by examining the authorship patterns of articles published in 8 criminological journals spanning 2007 to 2013. Women's representation increased from earlier rates but remained below that of their male contemporaries. This growth corresponded with general trends of increasing coauthorship, suggesting that the recent gains in women's representation do not indicate decreases in gender disparities. Men also were more likely to have sole-authored articles and be lead authors in papers coauthored by men and women. In addition, the vast majority of articles included at least 1 male author, and far fewer included a female giving men a larger visual presence. Gender representation also varied considerably between mainstream/traditional journals and 2 gender-specialized journals.  相似文献   

7.
Using the biographies of nearly 10,000 children born in New France during the seventeenth century, this study looks at the phenomenon of single parenthood from the children's point of view. Since separation and divorce were uncommon during this period, marital disruptions only occurred through the death of one of the partners. In New France, half of all children witnessed the disruption of their parents' marriage before having reached emancipation. The article examines the impact on family characteristics (family size and number of emancipated children), as well as the contribution of age-ranking within the family to the likelihood that the children would live in a reconstituted family.  相似文献   

8.
Using the biographies of nearly 10,000 children born in New France during the seventeenth century, this study looks at the phenomenon of single parenthood from the children's point of view. Since separation and divorce were uncommon during this period, marital disruptions only occurred through the death of one of the partners. In New France, half of all children witnessed the disruption of their parents' marriage before having reached emancipation. The article examines the impact on family characteristics (family size and number of emancipated children), as well as the contribution of age-ranking within the family to the likelihood that the children would live in a reconstituted family.  相似文献   

9.
Richard Posner argues that late twentieth-century divorce-law reform rendered marital relationships in the United States increasingly contractual in nature. Chief among such reforms was the no-fault divorce revolution: the widespread switch in states’ legal regimes from fault-based, mutual-consent divorce to no-fault based, unilateral divorce, which swept across America in the 1970s. While a growing literature considers the no-fault divorce revolution’s effects on divorce rates, almost no work considers its causes. Taking Posner’s observation as its starting point, this paper develops testable hypotheses relating to the potential origins of no-fault divorce reforms in the US.  相似文献   

10.
This study investigated the impact of the abolition of the tender years doctrine on custody decisions in divorce cases. This doctrine supported the presumption that the mother is the more suitable parent for young children. In March of 1981, the Supreme Court of the State of Alabama found this doctrine to be unconstitutional. To assess the hypothesis that this ruling had a significant effect on custodyrelated decisions, a sample of court records for divorce cases in an Alabama county was examined as representative of the state on a number of key variables. Overall, no significant differences were found on indicator variables for the comparisons before and after the ruling. There was neither an increase in custody grants to fathers nor an increase in custody requests by fathers.  相似文献   

11.
Between 1865 and 1922 the labour force participation of women at marriage dropped considerably in the Netherlands. At the same time, girls' educational participation increased and egalitarian gender values started to spread. We expect these developments to have affected the occupational status of those women who stayed in the labour market. Using a large dataset of Dutch marriages and municipal-level information on female labour force participation, educational participation, and an indicator of gender values, we show that women's status dropped until around 1885 and then started to rise. The retreat of women from the labour market coincided with a decline in the status of the women who remained, whereas, especially after 1900, the increasing educational participation of girls and the dissemination of egalitarian gender values counteracted this trend by causing women's status to rise.  相似文献   

12.
婚姻法修改中几个争议问题的探讨   总被引:17,自引:0,他引:17  
马忆南 《中国法学》2001,(1):140-147
本文对婚姻法修改中几个有争议的问题进行了理论探讨 ,指出 :共同财产制更能反映婚姻的本质和特征 ,我国法定夫妻财产制应由夫妻共同财产和夫妻个人特有财产两部分构成 ;约定夫妻财产制应从其功能出发选择立法模式 ;改“夫妻感情确已破裂”为“婚姻关系确已破裂”作为判决离婚的理由 ,这一改变不意味着放宽离婚条件或增加离婚难度 ,离婚与社会稳定之间没有直接关系。  相似文献   

13.
This study assesses the role of womens participation in productive activities in reducing the risk of marital violence. Data were collected from villages where numerous nongovernment organizations (NGOs) had microcredit-based income generating programs for the poor. Both the survey and in-depth interviews were used to collect information from a randomly selected sample of 500 currently married women aged < 50 years living in 70 villages in 10 districts of Bangladesh. Findings reveal that the prevalence of marital violence such as mental torture and physical assault had negative association with womens participation in economic activities. Situation that invoked violence against women had most often been their failure of performing expected role in the household. Womens productive roles not only improved womens position in their household but also significantly reduced both mental torture and physical assault against them. The paper argues that participation in productive activities has the potential to bring a significant reduction in the risk of marital violence among women in the poor community.  相似文献   

14.
Ke Li 《Law & policy》2015,37(3):153-179
Sociolegal research has shed considerable light on gender inequality in the civil justice system. Existing research, however, rarely looks beyond court proceedings to examine gender inequality stemming from the prior stages in civil litigation. This article fills the gap by addressing the question of whether and how the early moments in disputing produce inequality between women and men. Based on a mixed‐methods study of divorce litigation in China, I identify two critical moments in the early stages in disputing: the initiation stage and the suit‐filing stage. Findings from the two stages indicate that, early on in disputing, the legal profession routinely dismisses and violates women's rights in marriage and family. Moreover, due to the legal profession's failure to convert important rights on the books into formal claims, women's marital grievances and rights claims fall through cracks long before they can enter court proceedings. These findings suggest that gender inequality can result not only from judicial decision making, but also from dispute processing conducted prior to—and outside of—court proceedings.  相似文献   

15.
As part of a larger ecological analysis of woman battering in Israel, this study examined the combined ability of selected cognitive and interpersonal measures to differentiate among couples in which women were battered and those in which they were not. The ability of these variables to predict men's physical violence and verbal abuse and women's verbal abuse was also executed. Results indicate that a combination of low marital adjustment, high levels of conflict over children, and more perceived self-control over one's life characterized violent men; low marital adjustment and high conflict over child rearing characterized battered women. Both men's and women's verbal abuse was moderately predicted by lower marital adjustment while men's physical violence was predicted by increased levels of conflicts with his partner over child rearing. These findings suggest the importance of marital relationship factors in domestic violence and highlight the need for further study of the interaction between perceived control and marital relationship problems in relationships where men physically abuse women.  相似文献   

16.
This article analyses patterns of property division on maritalbreakdown in Ireland. At present, little information is availableon the operation of marital breakdown legislation (the FamilyLaw Act 1995 and the Family Law (Divorce) Act 1996). This isprimarily due to a strict in camera rule, which has preventedproper study of judicial decisions; lack of reporting and ofwritten judgments are also problems. Little information is availableon the nature or frequency of property orders or agreements.Consequently, practical evaluation and informed policy discussionhave been severely curtailed. In an attempt to fill this gap,this study analyses 89 divorce, separation and judicial separationcases, using data collected from 44 private and Legal Aid familylaw practitioners in multiple locations. The principal focusis on the types of orders or agreements made and the reasons(if any) given for those orders. Differences between privatepractice and Legal Aid cases are considered, as are regionalvariations in orders. Consent and contested outcomes are contrasted,as are divorce and judicial separation cases. The impact offactors such as gender, age, employment status, dependent childrenand marriage duration is analysed. The conclusion highlightskey issues and discrepancies which may give rise to concern.  相似文献   

17.
Charities are playing a significant role in the implementation of the government's New Deal programme. From providing advice on local employment issues to administrative services to work placements, the voluntary sector has been working in public/private partnerships throughout England and Wales. However, despite the government's commitments in the Compact between it and the voluntary sector to support the independence and creativity of the sector, the New Deal for 18-24 year olds reinforces many of the negative sides to the 'contract culture'. This article will examine working relations between charities and the State post Compact, using charities'participation in New Deal as a case study. We will argue that participating charities face a series of potential legal pitfalls. They might also find that, instead of being fully funded through State funds, their participation in the delivery of New Deal is partially funded through their own charitable resources.  相似文献   

18.
Evidence on the relation between women’s microcredit participation and their exposure to marital violence has been inconsistent across studies. This study examined how women’s various levels of microcredit participation are associated with marital violence against women (MVW), while also taking into account the husbands’ gender ideology. The study included 243 wife-abusive men in rural Bangladesh. Multiple regressions were performed to predict the frequency of MVW in the preceding year. Of the married women, 52.3 % were microcredit participants, 11.1 % of whom were active participants and 41.2 % nominal participants. The study showed that women’s active microcredit participation was negatively associated with MVW, and nominal participation was positively associated with MVW among the husbands who held a more conservative gender ideology. The findings suggest that women-focused microcredit interventions should also take into account men’s gender ideologies.  相似文献   

19.
Many historians have pointed out for various countries that nineteenth-century national censuses do not accurately reflect women's economic activity. This was no different for the Dutch national censuses. In this article, we argue that under-recording was especially severe in agriculture, and that this problem increased towards the end of the century. The rise in under-recording was partly due to an increased irregularity of women's work on farms, but it also reflected changing living standards and ideologies, in which work was increasingly defined as undesirable for women. In relative terms, agriculture did become less important to men and women alike because of mechanization and industrialization. Nevertheless, agriculture continued to employ many women, especially married women and daughters working on their husbands' and fathers' farms. By offering additional source material and methods for estimating women's labour force participation in agriculture on a regional level, such as relating their occupational status to their husbands', and estimating the number of days worked, we aim to offer an enhanced methodology for gauging the work of women in agriculture, which may be applied to future research.  相似文献   

20.
Active participation of the working people in public affairs is the key to successful solution of the problems of economic and socio-cultural development. This explains the fact that the role of the Soviets as the most all-inclusive, mass organizations of the people will increase in the course of the building of communism. Representative organs are the best and basic form for implementing the people's power. Combining the characteristics of agencies of state power and of public organizations, the Soviets emerge to an ever increasing degree as public organizations whose function it is to bring about participation by literally every citizen in the management of society's affairs.  相似文献   

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