宋代溺婴问题探析

溺婴,尤其是溺弃女婴是宋代社会存在的一个非常严重的社会问题。作为当时普遍存在的一种社会现象,其背后隐藏着深刻的经济原因和社会根源,如战乱、天灾导致的生活贫团,婚姻论财带来的妆奁昂贵和普通人的相对贫困,还有根深蒂固的重男轻女思想等等。溺婴问题直接导致的后果是人口的减少和人口性比例的严重失调,与此同时也给当时社会带来了一系列的问题。     

涉外婚姻离婚案件儿童抚养权纠纷问题初探

随着涉外婚姻数量的逐年上升,儿童抚养权纠纷案件逐步受到国际社会的广泛关注.目前,儿童利益最大化原则是解决涉外婚姻儿童抚养权纠纷的主流趋势.我国应尽早加入海牙国际私法一系列公约,使相关立法与国际统一法律相衔接,同时更好地获得跨国离婚的法律预期和诉求,及时有效地保护儿童的权益.     

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.     

Indigenous African marriage and same-sex partnerships: Conflicts and controversies

ABSTRACT

In 2006 the Constitutional Court of South Africa ruled the common law definition of marriage to be unconstitutional because it did not accord same-sex couples the same benefits and responsibilities as heterosexual couples. This defect was corrected by the legislature with the enactment of the Civil unions Act. The recognition of same-sex partnerships or marriages by the Act reflects and acknowledges the diverse nature of a changing South African society. A question triggered by this legal development is the impact that same-sex partnerships will have on the country's customary law on marriage. This article presents a critical analysis of a possible co-existence between same-sex partnerships and customary laws on marriage. The author explores the customs upon which customary laws of marriage are founded, and assesses their flexibility in accommodating same-sex partnerships.     

Muslim marriage (non) recognition: implications and possible solutions

Differences between traditional Muslim marriage practice and the statutory formalities required for entry into a legally recognised marriage in England and Wales have resulted in serious question-marks hanging over the legal status of a seemingly significant proportion of Muslim marriages. This article places the spotlight on the vulnerability of spouses who remain unaware of the lack of legal status which may attach to their marriage or who may have been misled by their spouse as to the latter’s intention to obtain legal recognition for the marriage. The article first considers the statutory formalities required under English law for entry into a legally recognised marriage before drawing on the most up-to-date empirical research to highlight the apparently widespread non-compliance with the formalities within the Muslim community. The article then reflects on the various practical implications which may arise for parties to an unrecognised Muslim marriage before considering how the situation may be ameliorated.     

通过私法的社会控制——以近亲婚姻的无效为例

生育活动的私密性和人口的高度流动性致使国家对生育的干预成本过高,并存在技术障碍,这就使得国家只能通过对结婚行为的否定来达到防止近亲生育的目的。国家通过宣告婚姻无效,从而瓦解婚姻世界所必需的信任,进而迫使婚姻双方产生不信任,最终实现对近亲鸳鸯的社会控制。宣告婚姻无效这一私法技术是一种无需成本的控制方式,故对国家极具吸引力。但是,立法者在得益于无效等私法控制技术无成本的实惠之时,也应正视私法控制技术的不足及潜在危险。     

海峡两岸无效与可撤销婚姻制度的比较与思考

我国大陆和台湾地区立法均设立了无效婚姻与可撤销婚姻制度,且各具特色。但大陆地区的相关立法还存在可撤销婚姻的法定情形过于单一、对无效婚姻与可撤销婚姻的法律后果没有进行区分等不足,需要通过扩大可撤销婚姻的范围、规定无效婚姻宣告制度、细化行使请求权的主体和期限、区分无效婚姻与可撤销婚姻的法律后果、强化对善意相对人的保护等来加以进一步完善。     

婚约制度的构建研究

法律对婚约之效力、诉讼主体的确认、彩礼归属、损害赔偿、责任承担等诸多具体问题的规定几乎空白,成为司法机关无力解决的一系列难题,往往出现同案不同判的严重现象,且当事人的合法权益也得不到保障。借鉴大陆法系国家和地区的立法经验,构建符合我国实际的婚约制度将对填补我国婚约立法,指导司法实践具有重要的理论价值和现实意义。