女性的角色变迁及其对婚姻家庭的影响

现代社会女性的角色与传统社会相比发生了很大的变化,女性的劳动不再局限于家庭之中,这种变化的结果是提高了女性的自主性和独立性,降低了她们对于男性的依附,进而改变了传统的两性权力模式.女性角色的改变动摇了传统家庭得以建立的基础,造成了诸如离婚率提高、家庭暴力增加等现象.由于女性角色的巨大变化,在未来社会,家庭多元化的趋势将是不可避免的.     

The French secular hypocrisy: the extreme right,the Republic and the battle for hegemony

ABSTRACT

The success of the extreme right in France in the past two decades has not been limited to its electoral rise. A more long-lasting victory has taken place in the ideological field, where the discourse of the extreme right now occupies a prominent place in the mainstream liberal democratic agenda. Increasingly, its ideas are seen in the media and in the platforms of mainstream parties as ‘common sense’ or at least acceptable. The growing acceptance of this ‘common sense’ is the result of very carefully crafted strategies put in place by extreme-right thinkers since the 1980s. For over three decades now, in order to change perceptions and renew extreme right-wing ideology, New Right think tanks such as the French GRECE believed it was necessary to borrow the tactics of the left and, more specifically, the Gramscian concept of hegemony: cultural power must precede political power. With the use of contemporary examples, Mondon's article demonstrates the continuing impact these ideas have had on the Front national and French politics and society, and how this change originated in the association of populist rhetoric with the neo-racist stigmatization of the Other.     

Why Progressives Should be Pro‐Family

For egalitarians, families are part of the problem. By bringing together advantages and passing on to their children, families redouble and (literally) reproduce inequalities. And, by cordoning off a private sphere into which government cannot roam, the family marks the limits of any progressive agenda. But defending families should be part of any answer to social injustice. Family relationships should be seen as a primary good: we need close, caring committed relationships no matter what else we want in life. Families are also increasingly important to one's chances in life. The gulf is widening between those rich and those poor in family life. This should worry egalitarians because lacking good, stable family relationships is a major disadvantage, and one that holds back progress towards other aspects of social justice.     

中国古代婚姻法律制度的变迁——法社会学视野下的考察

中国婚姻法律制度自原始社会时出现雏形,历经夏商,至西周时期发展成为一套有着严格礼法依据的制度。自此延续两千多年的封建社会基本遵循这一婚姻法律制度。清末沈家本主持修律,开启了中国婚姻法律制度的近代化之门。1931年5月《中华民国民法典》的施行,标志着始于清朝末年的中国婚姻法律制度近代化得以初步完成。新中国成立后,《婚姻法》成为立法工作的重心,我国婚姻法律制度迈向人类社会文明前列。     

Racial and Ethnic Differences in the Likelihood of Marriage: The Effect of Incarceration

Researchers have highlighted the importance of marriage when studying variation in deviance over the life course, but few studies have examined the effect that incarceration has on marriage or have considered variation by race and ethnicity. Using data from the National Longitudinal Survey of Youth (NLSY), this study contrasts the effect of incarceration on the likelihood of marriage for White, Black, and Hispanic males. Incarceration reduced the chances of marriage for all men, but had a significantly stronger effect on the marital outcomes for Whites. Although Whites were most likely to be married overall, incarceration was associated with a 59 percent decline in the odds of marriage for Whites, and the odds of marriage decreased 30 percent for Blacks and 41 percent for Hispanics. The association was maintained even after controlling for time‐varying life‐course events and static individual‐level factors. This research has important implications for the study of the incarceration and the consequences it can have for spouses, families, and communities.     

Getting Caught and Getting Hitched: An Assessment of the Relationship Between Police Intervention,Life Chances,and Romantic Unions

Little research has assessed the link between formal police intervention, financial hardship, and the formation and quality of romantic relationships. Using data from the Rochester Youth Development Study, we contribute to this literature by examining effects of police intervention at two time points on marriage stability and romantic relationship quality. We find that police intervention during adolescence is associated with increases in financial hardship during young adulthood, which, in turn, decreases the odds of entering into a stable marriage by age 31 and the extent to which those who have a romantic relationship feel their partner is supportive. Early police intervention also is indirectly associated with a reduction in partner satisfaction and an increase in partner violence via young adult arrest. We conclude that even minimally invasive contact with the criminal justice system during adolescence has long-lasting collateral consequences in the family arena.     

MIS‐MATCHED: TAKING A STATE APPROACH TO ENFORCING THE GROWING INTERNATIONAL MATCHMAKING INDUSTRY

Each year, hundreds of U.S. men and foreign women find their future spouses through international matchmaking agencies. Foreign women are attracted to the opportunity for a life in America and men are offered money‐back guarantees to find the perfect wife. An alarming number of these unions however, have resulted in the abuse, exploitation and even death of foreign women at the hands of their U.S. citizen husbands. While the federal International Marriage Broker Regulation Act requires disclosure of a male client's criminal background history prior to communicating with a potential foreign bride, the Act does not impose any requirements for disclosure of information about the international marriage brokers themselves. Thus the peddlers behind the rapidly growing industry are largely unaccounted for, with no one really knowing who they are or where they are operating. This Note proposes that states fill the enforcement gap by adopting a statute requiring international marriage brokers to register and become certified to do business with state residents. This legislation will result in collecting much needed data on international marriage brokers, create more transparency in the international matchmaking industry and prevent potential violence and abuse of foreign women.     

离婚的财产法后果：批评性评析和欧洲前景展望

离婚后扶养、净益补偿和养老金补偿是德国离婚财产法补偿制度的三大支柱。近年来,这三大制度都经历了不同程度的修订和改革。这些改革在净益和养老金补偿方面产生了对离婚以后的经济负担合理分配的结果,但是在扶养法领域改革却发生了相反的影响,照顾子女的妇女所遭受的不利益没有得到足够的补偿。2010年2月4日签署的德法协定提供了一个适用于德法跨国婚姻的统一夫妻财产制规则。这一跨国的统一实体法规则可能为未来欧洲统一婚姻法提供了蓝本。     

The polyamorous threat to nonmarriage

Some progressive U.S. Cities and several Canadian provinces now provide mechanisms for polyamorous families to register as such with state authorities. More than a million people in the United States identify as polyamorous and many more practice some form of ethical nonmonogamy. This article suggests that the growing recognition of polyamory poses a substantial threat to a simultaneous development in family law: the call by scholars and the Uniform Law Commission for courts to enforce a more implied contract, implied partnership and equitable claims in the context of non-marital conjugal cohabitation. Non-marital cohabitants argue that courts can infer marital-type commitments to share property from the fact of conjugal cohabitation. They argue that their nonmarriage should entitle them to the kinds of relief afforded to divorcing couples. But polyamorous conjugal cohabitation involves very different norms and commitments to reliance, partnership and transparency than does traditional marriage. Marital-type relief maps awkwardly, if at all, onto the reality of most polyamorous relationships. By bringing into relief that which we cannot necessarily assume about conjugal cohabitation, the recognition of polyamory questions what many proponents of more legal protection of nonmarital couples ask courts to assume about conjugal cohabitation, namely that it gives rise to reasonable reliance on a status quo and an intent to share property. Moreover, by providing a means for polyamorous households to register their relationships, polyamorous registration normalizes the idea of non-marital relationship registration. The more normal and expected it is for people who want rights as some form of family to register their familial intent with the state, the harder it is for those who have not so registered to argue that the state must treat them as some sort of family.