Sex, Property Rights, and Divorce

This paper examines how differences in sex drives between husbands and wives affect bargaining strengths during marriage and particularly at times when divorce might occur. The basic argument follows from the fact that sex drives vary over an individual's life cycle, and are systematically different for men and women. The spouse having the lowest sex drive at any time in the marriage has a property right over whether or not sexual intercourse will occur, with a consequent increase in bargaining power at the margin. The paper derives a number of testable implications from its model, and, using several data sources, shows empirically how this difference affects marriage, adultery and divorce.     

对我国新婚姻法限制男方离婚诉权之质疑--建议删除婚姻法第34条

在妇女怀孕期间、分娩后一年内和中止妊娠后六个月内限制男方离婚诉权不利于对女方、男方、子女权益和社会整体利益的保护 ,也违背了婚姻法自身体系的一致性 ,其实施效果也极差。它是计划经济体制下漠视诉权、固守传统婚恋观念、厌讼观念的产物。婚姻法第 34条应废除。     

无效婚姻的若干法律问题

在 2 0 0 1年修订实施的婚姻法中 ,增加了无效婚姻制度 ,规定了婚姻无效的法定情形。这是对 1980年婚姻法的补充 ,这一补充使婚姻法律制度在司法实践中更具有可操作性。     

浅谈中国古代的婚俗文化

中国传统的婚俗文化反映了中华民族深层的文化心理。对这一问题的讨论将有助于我们从中吸取精华 ,批判糟粕 ,对于今天的精神文明建设 ,不无借鉴。     

An Analysis of Women''''s Social Status at Bourgeois Times from Marriage in Pride and Prejudice

The opening sentence of Pride and Prejudice left the deep impression on readers almost two centuries ago.As the author of Pride and Prejudice,Jane Austen was one of the famous realistic writers in English literature in the nineteenth century. In Pride and Prejudice Austen wrote four marriage types:ideal Elizabeth and Darcy,realizable Charlotte and Collins,felicitous Jane and Bingley,unhappy Lydia and Wickham.She pointed out emphatically economic consideration is the bonds of wedlock and love.She said marriage is not determined by property and family status;it is unwise to marry without money,but it is wrong to marry for money;the marriage settled by love is happy and ideal.     

骗取婚姻证现象与立法缺失的困惑

实践中存在骗取婚姻证现象,但我国现行婚姻立法中并无该问题的具体处理规定,从而在实践中造成诸多困惑问题。因此,有必要从完善我国婚姻立法入手,对该现象做出明确而具体的处理规定。     

A case of mistaken identity: The wrongful classification of Islamic marriage contracts as premarital agreements in New York

New York precedent has mischaracterized Islamic marriage contracts, or nikah agreements, as premarital agreements. Nikah agreements are not premarital agreements; they are contracts. This mischaracterization has subjected nikah agreements to the acknowledgement requirement codified in N.Y. DRL § 236(B)(3) which has incorrectly been used to strike down valid contracts which Islamic litigants rely on. To prevent the effects of this mischaracterization, this Note suggests to New York appellate courts that a recharacterization of these agreements as contracts would prevent further confusion amongst the lower courts and allow for clearer, more uniform decisions.     

Marriage patterns among Lutherans from the parish of Trzebosz in the second half of the 19th century and the beginning of the 20th century

The aim of this study is to characterize marriage patterns in a rural parish of Trzebosz in the borderland between Greater Poland (Wielkopolska) and Silesia in the years 1855–1913. A total of 343 data on marriages were gathered from the parish registers. The percentage of Lutheran–Catholic marriages was calculated. The distribution of age at marriage by martial status was assessed. The intensity of endogamy and exogamy was calculated as well as the coefficients of exogamy and biological polygamy. The annual rhythm of marriages was determined. In Trzebosz mixed marriages accounted for 3.94% in 1855–1899 and 14% in 1900–1913. The average age of brides and grooms was 25.36 and 26.22 years, while of widows and widowers they were 37.26 and 42.35 years, respectively. The average age of brides and grooms declined over time. In 1855–1899 the levels of endogamy and exogamy outside the parish were 19% and 81%, respectively. In 1900–1913 exogamy outside the parish decreased to 62%, while endogamy increased to 37%. The average mating distances for all marriages and exogamous ones were 24 and 42 km, respectively, in 1855–1899, while for 1900–1913 the respective figures were 7.4 and 8.7 km. The coefficient of exogamy declined from 0.78 in 1855–1899 to 0.67 in 1900–1913, while the coefficient of biological polygamy grew from 1.19 to 1.30 between those periods. The religious factor, apart from an economic strategy, shaped the annual rhythm of marriage. The outflow of the parishioners from Trzebosz in the early 20th century led to its ageing.     

Separation/Divorce Sexual Assault in Rural Ohio: Survivors' Perceptions

Since the 1970s, many studies have enhanced a social scientific understanding of the lethal and non-lethal physical abuse of women during and after separation and divorce, but less than a handful have examined sexual assaults on rural women who want to leave, are trying to leave, or who have left spouses or live-in male partners. Further, none of the work done so far on this problem has examined the role of collective efficacy. The results presented here help fill these research gaps and call into question the common assumption that there is more collective control on criminal behavior in rural settings. Moreover, our exploratory qualitative data show that collective efficacy can take many shapes and forms, and often what is perceived as the “common good” may actually be behaviors and discourses that threaten the health and well-being of women seeking freedom from abusive male partners.     

The Morality of Sex: Contra Kant

Abstract

While much that is admirable in romanticism stems from Kant's philosophy, a better account of how sexuality can be an ethical possibility exceeds the cramped parameters that he imposes. His conception of marriage and its dependence upon a contractual exchange of rights may well be irremediable because of its formal emptinesses. His idea of human love as good will and an interest in the welfare of the beloved is defensible as far as it goes. But it does not go far enough to explain the morality of love, either in sexuality or in marriage.