Identity and its verification

The European Commission's eJustice Strategy seems to contemplate that all lawyers will be issued with an ‘identity card’ card, perhaps intended to include a key for making digital signatures. The Council of Bars and Law Societies of Europe (CCBE) is proposing to introduce such a card. The purpose of this article is to clarify what ‘identity’ is and what is involved in verifying it, and to offer some general observations about identity cards. Although written with the eJustice proposals in mind, nevertheless the purpose of this article is to address the topic in its widest sense, which means it affects identity and its verification, whatever the circumstances.     

当代中国婚姻家庭的变化与家庭法的完善

随着我国现代化发展,传统的家庭结构与家庭关系已经发生了许多变化。现行婚姻家庭法律却仍然建立在以合法婚姻为中心的传统道德价值观基础之上,未能适应时代的发展,如：回避规范同居家庭、对单亲家庭和隔代家庭关系缺乏应有调整、收养条件苛刻等等。因此,我国家庭立法应当进行大幅度的修改,以道德观为中心的家庭立法应当转向为以调整家庭成员关系为中心的家庭法,以适应现实社会。     

‘Ménages irréguliers’: interracial liaisons in colonial Indochina, 1905–1938

This article explores the history of relationships between Vietnamese women and French men in colonial Indochina as well as the multiplicity of perspectives on these unions. Relationships between Vietnamese women and French men were shaped by a lack of social integration and the skewed sex ratio among the French populations in the region. For French colonizers, these unions complicated the legal and social criteria for ‘being French’ in the colony and were perceived as both a practical necessity and a political threat. Vietnamese discourse on interracial unions demonstrated a preoccupation with changing sexual norms as well as preservation of cultural traditions. By engaging with both Vietnamese and French sources, the article moves away from mainstream colonial Eurocentric parlance that typically cast Vietnamese women as dominated and powerless, and instead highlights the women’s various degrees of agency as well as different motivations and practices in interracial unions.     

EQUALITY,DIGNITY, AND SOCIAL HARMONY: EXPLORING THE RATIONALES AND MODELS FOR RECOGNIZING SAME-SEX RELATIONSHIPS IN LAW

One of the major changes that has taken place over the past twenty to thirty years has been the extension of the legal recognition and protections for same-sex relationships in a wide range of countries. A number of jurisdictions, including China, are considering the approach that they will adopt. This article seeks firstly to consider the justifications for the legal recognition of same-sex relationships by the state. Three main, compelling rationales are identified which are rooted in notions of the equality of all persons, the dignity and liberty of individuals to form close personal relationships, and the social benefits of recognizing close, personal relationships of same-sex couples. The second part of this article then turns to consider the manner in which same-sex relationships should be recognized. Four models are identified: a “Partial Rights” model; a “Civil Partnerships” model; a “Marriage Equality” model, and a “Diversity of Relationships” model. Reasons for and against these particular models will be examined. In the conclusion, it shall be argued that the choice of model that has been adopted can be seen to depend on a number of factors: the manner in which equality is conceived in that society; the understanding of same-sex relationships therein, and the religious and cultural opposition to same-sex relationships in that society. The models are also not states of affairs that are fixed for all time and many countries have progressed from less extensive forms of recognition to wider recognition over time. Ultimately, it shall be argued that the rationales underlying the recognition of close personal relationships in the law support the “Marriage Equality” model or the “Diversity of Relationships” model. This article thus seeks to provide an understanding of the rationales and models for recognizing same-sex relationships that have been adopted around the world: Its focus is thus comparative but may, in this way, be useful to lawmakers and advocates for legal reform in this area in China and other jurisdictions around the world.     

SILENT CHANGES: TRANSSEXUALS’ RIGHT TO MARRY IN CHINA’S MAINLAND AND HONG KONG

In comparison to the arduous process of rights advocacy in Hong Kong, transsexuals in China’s mainland achieved their right to marry via some “silent changes”: there was no legal activism from transsexual communities, no debates or hearings in the legislature, and no landmark judgments made by the judiciary. From a perspective of comparative law, this article attempts to analyze the legal changes regarding transsexuals’ right to marry in China’s mainland in light of the struggles in Hong Kong. It endeavors to discuss to what extent the seemingly “smooth” and “unintended” way of opening up marriage to transsexuals in China’s mainland could be beneficial to trans rights and equality in general.     

Ethnic Identity and Family Processes Among Adolescents from Latin American,Asian, and European Backgrounds

Ninth graders (N = 679; 50% male, 50% female) from Latin American (41%), Asian (38%), and European (21%) backgrounds reported on their ethnic identity and family attitudes and relationships. Adolescents also completed daily checklists of family interactions over a two-week period. Results indicated that ethnic identity, measured through exploration and belonging was more strongly associated with family obligation and assistance than with parent–child closeness and family leisure time. Adolescents from Latin American and Asian backgrounds reported significantly higher levels of obligation and assistance as compared to adolescents with European backgrounds, and these ethnic differences were mediated by ethnic identity. Longitudinal analyses indicated ongoing associations, with ethnic identity predicting respect and obligation one year later. The discussion focuses on the role of ethnic identity in children’s family connectedness during adolescence.

From Competition to Collaboration: Intergovernmental Economic Development Policy Networks

This study investigates the strategic collaboration among local jurisdictions in the competitive environment: how fragmented jurisdictions in a metropolitan area perceive each other as cooperative partners and what factors influence the establishment of collaborative relationships between them. To answer the research questions, we applied the Institutional Collective Action (ICA) framework, which assumes that institutional actors behave in ways such that their economic benefits are maximised and risks and costs of collaboration are minimised, and employed the exponential random graph (ERG) model, one of the statistical social network analyses. The results indicate that the physical, political and geographical similarities among municipalities positively influence collaboration among local jurisdictions. In addition, municipalities are more likely to prefer to establish the closed network relationship such as triad–triplet. This study allows to understand the mechanism to establish collaborative behaviour among local jurisdictions for their regional economic development in a metropolitan area.     

The Voices of Youth in Out-of-Home Care Regarding Developing Healthy Dating Relationships

Minimal attention has been focused on difficulties for youth in residential care regarding building healthy dating relationships, despite the significant risks to this group of adolescents. This study provided a unique opportunity to conduct focus groups with youth in residential care on issues surrounding dating relationships. The majority of youth feedback centered on the themes of desiring support developing relationship boundaries, establishing trust in relationships, understanding the consequences of sexual activity, and having real world examples regarding dating relationships. The data were examined for differences between the genders and recommendations for next steps provided.     

试论克恩伯格对客体关系、情感和驱力理论的新整合观

克恩伯格用复杂而精确的语言描述了客体关系、情感和驱力之间的关系,提出了新的整合观.该整合观认为,情感是行为的最初动力,在婴儿与母亲的关系中具有交流功能;正性及负性的情感,经过整合,被分别塑造成力比多及攻击性驱力.与此同时,强烈的情感状态以投注于自体和客体表象的形式,对内化的客体关系起着组织作用,于是,情感从根本上影响着内部的客体关系世界的组织,并使内部客体关系逐渐结合成为三元心理结构.该整合观还认为,驱力、情感及客体关系之间,是以相互包含的方式而存在的.     

Family-of-origin characteristics and current family relationships of female adult incest victims

Past and present family relationships of a group of female adult incest victims were examined. The sample consisted of 40 women who were, at the time of assessment, in treatment for childhood experiences of incest. The majority of these women viewed their families-of-origin as generally unhealthy in regard to various dimensions of autonomy and intimacy. Current relationships with their families-of-origin were characterized by less intimacy and more intimidation, triangulation, and fusion than a normed group. Some of these patterns were also evident in the families-of-procreation of these women, including greater triangulation and less spousal intimacy. The subjects also perceived their families-of-procreation as disengaged, controlling, less active in events outside the family, conflict-ridden, and lacking in organization and emotional expressiveness. Finally, based on a circumplex model, a significant number of families-of-procreation were in the extreme range of family functioning.