婚内强奸应当犯罪化——从宪法学角度评婚内强奸

关于婚内强奸,我国刑法学界有否定说、肯定说、折衷说三种观点。从"同居权"不能成为一项权利、夫妻平等、活的秩序等宪法学的角度对婚内强奸的问题进行理论上的分析,可得出结论:婚内强奸应当构成犯罪。     

浅析我国婚姻法中的离婚损害赔偿制度

离婚损害赔偿制度是指配偶一方违法侵害他方的合法权益 ,导致婚姻关系破裂 ,离婚时过错配偶对无过错配偶所受的物质和精神损害承担民事责任的法律制度。我国 2 0 0 1年颁布的《婚姻法》专设“救助措施与法律责任”一章 ,新增了这一制度。这标志着我国婚姻家庭法制建设又走上了一个新的台阶 ,使法律对婚姻当事人合法权益的保护更进一步 ,使司法机关对相关案件进行裁判有了法律依据。本文首先对离婚损害赔偿制度的现实意义和内容加以介绍 ,又着重阐述了其亟待解决的几个问题。     

Economic Governance Beyond State and Market: Islamic Capital Markets in Southeast Asia

ABSTRACT

Islamic finance has become an integral part of the financial systems of the Muslim-majority countries of Southeast Asia. At the same time, Southeast Asia has witnessed the emergence of new capital market governance practices and arrangements that are both multi-scalar and multi-sited. This article suggests that rather than only looking at the scale and rescaling of capital market governance in the region, more attention needs to be paid to the shifting balances between regulatory expertise, market practice and societal expectations. Indeed, for governance practices to be considered effective, they have to straddle at times competing demands of authority and legitimacy. This dynamic is nowhere as visible as in the case of Islamic finance, which explicitly involves Shariah experts, trained in Islamic law, in its governance structures. This article explores the novel forms of governance to which this new market has given rise. It argues that Islamic finance – rather than the product of privately held beliefs – has become increasingly bound up with the state apparatus. This facilitates the embedding of Islamic financial principles and ethical concerns throughout capital markets in the region. Yet, Islamic finance has also become increasingly submerged within national development and competitiveness agendas.     

试论苗族妇女服装在苗族婚姻中的作用和意义

苗族妇女服装在苗族社会生活中关系最密切、影响最大,是苗族的婚姻标志。本文将分别讨论苗族妇女服装在苗族婚姻三个阶段中的作用,以及这种作用所具有的意义。     

The transformation of Turkey’s Islamic media and its marriage with neo-liberalism

ABSTRACT

The Islamic press in Turkey started at the beginning of the 20^th century as a reaction to the secularist Young Turks’ revolution of 1908. In the Republican period, Sufi orders and other religious communities maintained internal communication via periodicals despite being interrupted by the 1960, 1971 and 1980 coup d’etats. In the 1990s, the first private Islamic TV channels were opened and soon were targeted by the Turkish Armed Forces through mainstream media in the run-up to the 1997 military memorandum. Only after Erdo?an came to power did the Islamic media find favourable conditions to flourish, lining up with Erdo?an’s AKP. However, there are still small dissident groups who struggle for an independent identity.     

Romantic partners and young adult offending: Considering the role of partner's socioeconomic characteristics

In this study, we examined whether and to what extent the effects on offending of marriage and different types of cohabitating partnerships depend on the romantic partner's socioeconomic status (SES). Such research addresses a key gap in knowledge regarding potential heterogeneity of effects on behavior of romantic partnerships. Drawing on the National Longitudinal Survey of Youth 1997, we examined the within‐individual effects of three romantic partner's socioeconomic characteristics–education, employment, and income–on offending from ages 18 to 34. Results revealed that marriage was related to reductions in arrest only for those whose spouse was employed (full or part time) and had income. In contrast to marriage, partner SES was not related to arrest among those who cohabited with a partner they never married. Additionally, partner SES was often associated with reductions in arrest among those who cohabited with a partner they later married, but the reductions were statistically indistinguishable across levels of partner SES. Lastly, these effects were experienced similarly for low‐ and high‐SES individuals alike, and no gender differences were detected in these effects. Our findings suggest that important life events such as marriage and cohabitation can be behavior‐altering transitions, but the effects of these events are variable.     

The “Syria traveller”: reintegration or legal sanctioning?

This article analyses discourses on Islamist radicalisation and threats of terrorism in Norway, with a focus on a new category of people known as “Syria travellers”, i.e. young Norwegians who go to Syria to fight for the Islamic State. Our analysis of debates in the media, policy documents and parliamentary discussions revealed two main narratives regarding the authorities’ response to Syria travellers: the first emphasises legal sanctions, and the second highlights the reintegration of returnees. We found that contentions about how to react to the new kind of people (the Syria travellers) are intertwined with the way these people are portrayed, understood or “made up”. In the political realm, there is also a striking consensus on the need for both reintegrative and legislative responses.     

Examining the Salience of Marriage to Offending for Black and Hispanic Men

Despite a considerable body of research demonstrating the beneficial effects of marriage for criminal desistance, data limitations have resulted in much of this work being based on predominantly white, male samples. In light of the rapidly changing demographic landscape of the US—and particularly the tremendous growth in the Hispanic population—the question of whether the benefits of marriage are generalizable to racial and ethnic minorities is an important one. This research extends prior work on the relationship between marriage and offending by assessing whether the benefits of marriage for criminal offending extend to today’s racial and ethnic minority populations. Using a contemporary sample of 3,560 young adult Hispanic, black and white males followed annually for 13?years spanning the transition to adulthood, we find that while marriage is a potent predictor of desistance for all groups, the benefits of marriage vary substantially across both race and ethnicity.     

The experience of civil partnership dissolution: not ‘just like divorce’

Between 2012 and 2014 I interviewed some of the earliest civil partners to dissolve their partnerships about their experience of dissolution. When I presented my findings, most family lawyers responded that dissolution was ‘pretty much like divorce’. And so it was, in many respects; but I thought that such comments missed an important difference. This article focuses on the legal understandings of gays and lesbians who have undergone dissolution of their civil partnerships, and on their experiences of it. This seemed to me significant for three reasons. First, the experiences of lesbians and gay men have historically been marginalised, pathologised or absent from legal accounts and the dominant legal consciousness. In this research they would be put centre-stage. Second, the institution of civil partnership – transient though it may turn out to be – deserves study as the point of entry into legal recognition and regulation of same-sex couples’ relationships in the UK. And, third, it is this precise history that makes it different from marriage, and dissolution different from divorce, whatever the similarities in legal treatment.     

How I met your mother: Mitigating forced marriage in the United States

Forced marriage in the United States is a hidden issue for a growing number of children and young people. Being trapped in a marriage severely impacts a person's well-being, with long-term psychological and physical ramifications. Forced marriage increases the likelihood of domestic violence and sexual abuse, depriving victims of autonomy. To lessen the number of forced marriages, this Note proposes emulating a United Kingdom statute. The statute provides a comprehensive approach with tailored programs and services to serve the needs of victims of forced marriages. Adopting this statute will create uniform law, making forced marriages illegal federally.