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11.
中国尚未建立科学的婚姻判断标准体系,判断婚姻的主要标准,就是单一的婚姻效力判断标准。不论是什麽形态的婚姻,都用婚姻有效无效标准判断。这种婚姻判断标准,不能满足理论与实践的需要,容易造成对不同婚姻形态的误判。因此,应当建立以婚姻的属性要件、形成要件和效力要件为评判标准的科学评判体系。  相似文献   
12.
    
《Japan Forum》2012,24(2):189-203
Abstract

Japanese women's history has been regarded as marginal to historical investigation for a long time. The subject hardly existed before 1945 and even after that date many academic historians were reluctant to accept women's history as a part of Japanese history. However, the social and political climate of the 1980s in particular, favourable in many ways to women, gave opportunities for Japanese women's historiography to promote itself and also brought the subject fuller academic recognition. Exciting and innovative research on Japanese women's history has been carried out over the past decade or so. Much of this has been conducted not only by ‘academic’ women's historians, but also by freelance writers, journalists and amateur historians, that is by people who have been less saddled with traditional historical methods and expectations. The study of Japanese women's history has now reached the point where the subject no longer requires justification.

This paper gives an overall picture of the development of Japanese women's historiography from about 1920 to 1985. It outlines major publications on the subject, which helped promote the standards of its scholarship, and evaluates these, making some comparison with Western counterparts. It discusses the most likely developments in the subject for the future.  相似文献   
13.
    
This paper considers the definitions of spouse, civil partner and partner in European Union (EU) free movement of persons law in order to question the EU's heterocentric approach to defining ‘family’ in this context. It argues that the term ‘spouse’ should include same-sex married partners in order to ensure that there is no discrimination on the grounds of sexual orientation. It further highlights the problems created by basing free movement rights of civil partners on host state recognition of such partnerships. This approach allows Member States to discriminate on the grounds of sexual orientation and is therefore not compatible with EU equality law in others areas. The position of unmarried or unregistered partners is also considered; in particular, the paper examines the requirement of a duly-attested durable relationship and its impact on same-sex partners wishing to move from one Member State to another. The paper argues that it is time to reconsider the law in this area and bring it in line with the EU's commitment to eliminate discrimination on several grounds, including sexual orientation.  相似文献   
14.
    
Since August 2014, there has been a marked increase in the violence perpetrated by the Islamic State against Western hostages. Videos released by the Islamic State depicting the brutal executions of hostages have been circulated widely on social media. This has prompted a dialogue about governments’ policies regarding negotiation with terrorist organisations to secure the release of their citizens held overseas. The United States and Britain, two non-negotiating countries, have faced significant criticism for this policy, which has led to the beheadings of several American and British citizens. This article analyses the discourse of two spokesmen – White House Press Secretary Josh Earnest, and British hostage John Cantlie – in framing the issue of hostage negotiations on behalf of their organisations. A grounded theory approach informed by framing analysis is utilised in order to identify dominant discourses employed in White House press briefings and John Cantlie’s videos and articles. This article concludes that, through the deliberate use of discourse, the US government and the Islamic State shape public perception of hostage negotiations in pursuit of distinct policy goals.  相似文献   
15.
    
This article focuses on the apocalyptic zeitgeist of the Islamic State through the lens of what we call the New Tribalism. It finds that IS emerged from the Al Qaeda (AQ) milieu, but soon split with AQ as the messianic excitement surrounding Al-Baghdadi and his teachings grew. In common with previous millennial/messianic movements in all three “Peoples of the Book”—Judaism, Christianity, and Islam—IS soon evolved beyond the laws of the normative faith (antinomianism). We hold that for this reason, despite its claims of faith and fealty, IS has left the Islamic Umah behind, becoming a malign sectarian group of its own whose dynamism and successes are attracting a global audience and support from Muslims in almost every country. This helps to explain such abhorrent practices as forced conversion, sexual servitude, the destruction of historic artifacts, and mass executions. We find that the American invasion of Iraq was the vital first step in a series of events, which gave birth to IS. A thorough review of IS history and political culture traces these historic moments in time.  相似文献   
16.
    
Inspired by the “rituality” and “symbolism” of the courtroom as a discourse of space, this paper sheds light on the semiotic weight of the tiled-mosaic murals of Arabic proverbs displayed in the courtrooms of the Palace of Justice in Beirut, Lebanon. This paper attempts to draw attention to the discursive importance of these courtroom proverbial murals in the conceptualization of justice in the Lebanese legal and judicial system by unfolding the semiotic code of the proverbial murals. This work categorizes the murals under investigation (20 murals) into three “functional” or semiotic categories: social (six proverbs), quasi-judicial (nine proverbs; three of which are religious, two ethical, and four political) and judicial (five proverbs). On a positive note, this investigation highlights the functionality of the linguistic (i.e. proverbiality) and artistic (calligraphy and design) components of the proverbial murals as a semiotic tool to inter-faith national unity in Lebanon. Nonetheless, the same semiotic features signal a spatially “mutating” justice, from one courtroom to another and thus a socioethical, religious and political relativism in perceiving justice.  相似文献   
17.
    
Arab media is no longer limited to state-sponsored sources, opening a door of opportunity to the Muslim world. Islamic terrorist groups leverage information technology to form resilient, networked organizations that influence how many Muslims perceive events and U.S. political goals. This article looks at the connection between information technology and cultural transformation in the Middle East. It focuses on how information technology—as the major weapon system in the battle of ideas—has been used effectively by Islamic extremists and less so by the U.S. Important conclusions are drawn regarding the necessity of culturally-attuned uses of information technology.  相似文献   
18.
    
Peace (wholeness and integrity) is to be sought as the highest goal in the divorce process, affecting not only the divorcing couple but their family and community as well. The value of “community” found in the three major Western religious traditions suggests that more than just the immediate family should be involved in crafting divorce settlements and that the involvement of clergy may aid in the divorce process, especially in providing rich religious metaphors and exempla to promote peaceful negotiations. Other religious values such as “humanity in the divine image,” “love,” and “the fullness of time” can be useful in working with the divorcing couple to allow their stories to be told, provide time to sort out their complex emotions, and help reduce the impulse to see the other solely as an enemy to be eliminated in battle. “Sin and atonement” can serve an important role in restorative justice, while “the delayed arrival of the divine kingdom” provides a reasonable way to assess what determines success, both for the divorcing couple and for divorce professionals.
    Key Points for the Family Court Community:
  • Religious values found in Judaism, Christianity, and Islam can be consciously utilized to help divorcing couples separate more peacefully.
  • Providing opportunities for each spouse to be fully heard and seen is a crucial component in helping to bring more peace into the divorce process.
  相似文献   
19.
    
The article addresses the belief that the Early Modern period and the early 19th century were characterized by “many” remarriages. The confusion in the analysis, however, between proportion and intensity has led much research down the wrong track. The evolution in remarriage intensity and in some other sociodemographic remarriage characteristics was measured for the period 1800–1913 in Leuven, Aalst, and Bierbeek—three areas with different socioeconomic structures and cultural climates. Comparison of the age-specific ratios shows that the remarriage probability of widowed people was often lower than first-marriage probability of those not previously married, even in the first half of the 19th century. In so far as our data are representative of the Early Modern period, the claim that “many” remarriages took place then must be put into perspective. In fact—with the exception of young widowers—fewer remarriages than first marriages often occurred. The proportion of remarriages fell from 20–25% in the first half of the 19th century to 10–15% by the end of the century. The most frequently occurring remarriage type was that between a widower and an unmarried woman; the least common was between a widower and a widow. An additional cultural factor was that from approximately the mid-19th century on, first marriage was so central to the development of a private social environment and was so highly valued that a watered-down version, in the form of remarriage, was held in low esteem and even rejected.  相似文献   
20.
    
This study offers the first research data on the interest of divorcing parents in marital reconciliation. A sample of 2,484 divorcing parents was surveyed after taking required parenting classes. They were asked about whether they believed their marriage could still be saved with hard work, and about their interest in reconciliation services. About 1 in 4 individual parents indicated some belief that their marriage could still be saved, and in about 1 in 9 matched couples both partners did. As for interest in reconciliation services, about 3 in 10 individuals indicated potential interest. In a sub‐sample of 329 matched couples, about 1 in 3 couples had one partner interested but not the other, and in 1 in 10 couples both partners were interested in reconciliation services. Findings were consistent across most demographic and marital factors. The only strong predictors of reconciliation interest were gender, with males being more interested than females, and initiator status, with far greater interest among those whose partner initiated the divorce. These findings are discussed in terms of attachment theory and future prospects of divorce services.  相似文献   
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