Marriage patterns in 19th-century Vila do Conde: The study of an urban centre in northwest Portugal

This article investigates marital patterns in the urban town of Vila do Conde, northwest Portugal, during the 19th century. The analysis, which is based on the application of the family reconstitution method, reveals differences in marital patterns between rural and urban settlements. It was observed that Vila do Conde displayed different patterns of marriage than those that have often been described for the northwestern region of Portugal, with an emphasis on lower levels of celibacy, as well as lower fertility rates. It was discovered that migration played a very important role in these dynamics. It is a fact that the increasing outflow of male emigrants had a distortion effect on the marriage market. Nevertheless, the influx of in-migrants to the town contributed to alleviate the adult male shortage and resulting gender imbalance, generating lower proportions of celibacy and higher levels of total fertility. Although several important publications have already identified demographic trends in many parishes of the region in focus, few have been concerned with urban parishes. This research aims to contribute to a better understanding of the population dynamics of urban centres in northwest Portugal when set within the context of a number of the structural changes specific to that region and Portugal as a whole in the 19th century.     

Differing patterns of marriage between a city and villages in 18th century Korea: The case of Taegu Area

While the urban area was increasingly filled with middle- and low-status residents, the rural area was dominated by high-status settlers whose number increased because of migration from the city and natural growth. Remarkable differences existed between urban and rural marriage features such as marriage age and rate of remarriage. The more sincere adoption of the high-status marriage culture in the rural area may be attributed to its occupational homogeneity. In the rural agrarian settings, landlords, self-cultivators and tenants shared a similar living pattern and value system based on the agricultural cycle. The urban area, however, exhibited a variety of work patterns of local functionaries, artisans and merchants. Many middle- and low-status people might well have found the high-status culture of the rural area incompatible with their own.     

Equality and Postcolonial Claims of Discursive Injury

In Western Europe, individuals and groups increasingly claim that publicly enunciated denigrating racial discourse inflicts an injury upon them, and inscribe this claim under the rubric of equality. By adopting a method of claim‐centered critical theorizing, I discuss the possibilities and implications of reading “claims of racialized discursive injury” as claims to equality. A review of contemporary political theorists concerned with equality and injurious discourse establishes the democratic relevance of claims of discursive injury. A discussion of Judith Butler's theory of performativity then identifies the properties of the injurable subject and of discourse's power. Finally, I specify how a postcolonial stance enables us to grasp the actualization of discursive injury as it resonates between past colonial inequalities and threats of future exclusion or death. This equality‐focused reading sheds light on the transformative potential of claims of racialized discursive injury for resignifying equality in contexts marked by “race” and postcolonialism.     

"五族共和"思想的内涵与实质探析

"五族共和"思想包括共和政体下"国家之统一"、"民族之统一"和民族(种族)平等三重含义.孙中山代表南京临时政府对"五族共和"思想及其政策主张的表述来自此前"共和统一会"对"统一"的解释.由于辛亥革命胜利后,资产阶级认为国内的种族不平等和政治不平等问题均已解决,因此,"五族共和"思想表现在民族问题上的实质属于资产阶级性质的民族同化,通过民族同化从而实现民族的统一.     

Abolishing Marriage: Can Civil Partnership Cover it?

This paper argues that all adult intimate relationships should be regulated under one single statute. This statute should be the Civil Partnership Act 2004 (which currently applies to same sex couples). The Matrimonial Causes Act 1973 (which applies to opposite sex couples), should be repealed; it should not be amended to include same sex couples. There would, as a consequence, be no such thing as (legal) marriage. Marriage as a legal construct is a heterosexual and patriarchal institution and is therefore so fundamentally flawed it is beyond the possibility of successful reform or repair. The present system of having two distinct legal means of relationship recognition is akin to sexual apartheid and is therefore unsustainable in the long term. Having a legal system which recognises only one form of legal partnership would therefore formally end a discriminatory system. Despite its drawbacks, Civil Partnership does not have the same extent of symbolic and practical degree of flaws as Marriage.

新婚姻法的进步性与缺陷

修改后的婚姻法具有极大的进步性:体现了法律与道德的融合,克服了原有婚姻法的一些弊端,完善了法律体系。修改后的婚姻法仍存在缺陷:内容不够全面,有些制度不够完善,法律条文存在逻辑上的错误。本文对修改后的婚姻法的进步性与缺陷进行了分析,并希望立法机关制定单行法或最高人民法院作出司法解释弥补缺陷。     

国际妇女运动的发展与中国的男女平等基本国策

2004年是全国妇联建会55周年。遵照胡锦涛主席的指示精神,这一年被定为“男女平等基本国策”宣传年。顺应妇女发展的世界潮流,在强有力的国内政治背景下,我国于1995年提出“男女平等是促进社会发展的一项基本国策”。近10年来,党和政府采取了一系列有力措施,从法律政策、组织机构、运作机制入手,促进男女平等和妇女发展,取得了显著效果,但也存在一些问题。目前,妇联已与151个国家和地区近700个妇女儿童组织和机构建立了友好联系,成为具有广泛国际影响的妇女组织,对推动国家关系、维护世界和平起到了重要作用。     

夫妻共同债务推定规则的缺陷及重构——《婚姻法司法解释(二)》第24条之检讨

最高法院《婚姻法司法解释(二)》第24条规定的夫妻共同债务推定规则在施行中遭到许多质疑,本文从推定规则的制度来源、价值衡量、举证责任分配等方面分析其存在的立法缺陷,并提出重构设想。     

婚姻法司法解释三第七条第一款刍议

《婚姻法司法解释三》自其颁布之初便在全社会引起了极大的反响和关注,其中尤以第七条第一款的规定备受争议。最高人民法院在解释该第七条第一款时,对父母在子女婚前所赠房屋的产权归属作出了规定,这一方面得到了很多肯定,但同时也受到了诸多诟病。要究其原因,还需从规范内和规范外两个层面进行解析。     

浅谈《婚姻法》对军婚保护的规定

现行婚姻法虽然对军婚实行特殊保护,但仍停留在对非军人配偶方离婚自主的限制上。要达到真正保护军婚的目的,应扩大对军婚保护的范围,在婚后住房、驻地就业、子女入学、社会福利等方面给予军人家庭在政策上优先考虑和特殊待遇;应当提高军人的社会地位和物质待遇。