从收继婚风俗看明代的律例

明代的律例严格禁止收继婚，可是，严厉的法律不但没有根除收继婚，收继婚反而作为社会一种风俗习惯而普遍存在。为什么法律严格禁止却根除不了收继婚?为什么收继婚普遍存在而法律却显得苍白无力?这其中有政府对法律推行不力的原因，也有传统风俗习惯沉积的原因，更有伦理道德方面的因素。用法律去禁止近乎人情和社会基本认同的事情，固然有移风易俗方面的功效，但法律的公正性和严肃性必然要受到挑战，而有禁不止所带来的副作用，更合使法律的尊严受到破坏。     

论同性婚姻合法化

随着医学、伦理学和社会学对同性恋现象的深入研究,对同性恋者婚姻家庭权利予以法律保障的全球化立法运动此起彼伏。同性恋者追求永久结合的诉求具有正当性,应当予以立法保护。鉴于同性婚姻和异性婚姻毕竟存在着很多不同,应当区别对待。借鉴世界上其他国家的立法模式,结合我国的具体国情,我国同性恋者的结合宜采"同性伴侣"的立法模式,其成立要件、效力、同性伴侣财产制度也有别于婚姻制度。     

Gender,Culture and the Law: Approaches to ‘Honour Crimes’ in the UK

This article examines the debate on whether to analyse ‘honour crimes’ as gender-based violence, or as cultural tradition, and the effects of either stance on protection from and prevention of these crimes. In particular, the article argues that the categorisation of honour-related violence as primarily cultural ignores its position within the wider spectrum of gender violence, and may result in a number of unfortunate side-effects, including lesser protection of the rights of women within minority communities, and the stigmatisation of those communities. At the same time it is problematic to completely dismiss any cultural aspects of violence against women, and a nuanced approach is required which carefully balances the benefits and detriments of taking cultural factors into account. The article examines the issues within the context of the legal response to cases involving honour-related violence, arguing that although the judiciary has in a number of cases inclined towards viewing ‘honour’ as primarily cultural rather than patriarchal, in some cases they have begun to take a more gender-based or ‘mature multiculturalism’ approach.

A history of sex and the state in Southeast Asia: class,intimacy and invisibility

This essay offers a history of international marriages that questions the definition of marriage and what it meant to belong, as a legal subject or citizen, to a colonial state in Southeast Asia. European imperial states deployed monogamous marriage alongside other weapons of empire as a justification for intervention into Southeast Asian societies. With monogamous marriage came also European notions of belonging that traced surnames and legal subject status (later citizenship) via husbands and fathers. The ramifications for individuals in international marriages between Asian women and European men are well known. However, the vast majority of ‘international marriages’ were not those between colonial Europeans and Southeast Asian women, but between Southeast Asian women and lower class Asian men from India and China. Colonial states ignored or failed to register these lower class intra-Asian intimacies because their unions did not threaten colonial rule so long as they ensured a continuous pool of labor and promoted the colonial economy. Unlike recent theories which argue for an omniscient state that penetrates into the personal lives of its populations, this essay maintains that states intensely regulated marriage and belonging for some subjects but not for others. This longstanding unevenness in the management of intimate unions provides a historical context for understanding shifts in the marital regimes of contemporary postcolonial states. Taking a long-term view, the essay asks if recent increases in international marriages might be better understood as spikes rather than as absolute increases resulting from ‘globalization’. A historical framework ties the rise and fall of international marriage to early modern trade patterns, imperialism's labor requirements, war, and the recent demand for labor that has arisen from low birth rates and economic changes. Each of these ‘events’ entailed a large-scale movement of populations which resulted in the development of intimate unions.     

Love,sex and the spaces in-between: Kepri wives and their cross-border husbands

In the Riau Islands of Indonesia significant numbers of women have entered into marriages with men from the nearby countries of Singapore and Malaysia. In many cases, neither spouse migrates after marriage: instead, husband and wife continue to reside in their country of origin. Their close geographical proximity means that the couples can see each other regularly while at the same time taking advantage of the economic opportunities presented by living on different sides of the border. These cross-border marriages challenge the normative model of the nuclear cohabiting couple/family. Our research into the motivations and desires of these cross-border couples living in the Riau borderlands reveals that space and mobility mediate their interactions with the Singaporean, Malaysian and Indonesian states, thus producing localized accounts of citizenship in which class mobility (rather than physical mobility) becomes the dominant frame through which they view state regulation of marriage and migration. This research challenges the state-centric tendencies in some of the scholarly literature on international and transnational marriage which places overwhelming emphasis on the ability of states to regulate access to citizenship rights. In presenting a view of inconsistent and sometimes incoherent states, we highlight the significant differences between perceptions of state influence and actual state practices in relation to the regulation of international marriages.     

婚姻关系的法理阐释——重读马克思《论离婚法草案》而感发

科学揭示婚姻关系的本质属性是婚姻立法与司法的理论前提。马克思在《论离婚法草案》中指明了婚姻关系乃是世俗社会的伦理关系 ,它的外在表现形式便是家庭这一“伦理实体” ;婚姻法律制度则是婚姻这种基本伦理关系的承认与保护。由婚姻关系的伦理本质所决定 ,关于离婚的立法原则应当以现实社会的普遍伦理价值为标准 ,并具体化为离婚成立的诸种客观条件 ,从而使司法在离婚案件上的功能更多地由立法来承担。     

Heterosexuality and Race in the Australian Same-Sex Marriage Postal Survey

ABSTRACT

This article argues that race and class are central aspects of sexual citizenship in a Australia. It does so by investigating representations of heterosexuality that were produced and circulated during the 2017 same-sex marriage postal survey. Engaging with feminist and critical race theorists, we position same-sex marriage as not exceptional but part of a wider distribution of sexual citizenship within Australia's ongoing settler colonial history. We do so by introducing a number of illustrative examples of representations of heterosexuality produced during the survey. These representations reveal how same-sex marriage perpetuated heterosexual authority by asserting claims to authenticity and the occupation of space. We observe how heterosexuality in the survey material reproduced fantasies linking these three themes, for example, in an authentic white heterosexual family who speaks from their suburban backyard. It reveals that ceding to a bifurcated view of either progressive or conservative voices forestalls rather than advances other visions which may exceed the limited imaginings of sexual citizenship offered by the white liberal settler colonial state.     

From Broken Families to the Broken Society

This article traces the development of the Conservative party's 'broken society' narrative, from its roots in William Hague's early invocations of 'social justice' to the evidence-based approach adopted by David Cameron. It considers relevant social trends over the period since 1970; summarises the Conservative party's attitude to family policy in government between 1979 and 1997; and shows how the Conservatives in opposition from 1997 onwards have become more focused on support for the marriage-based family, now a central tenet of Conservative social policy under David Cameron's leadership.     

1927-1945:革命根据地婚姻自由的法律表达

从在江西建立革命根据地开始到抗日战争胜利结束,这段时期婚姻自由的法律表达展现的是红色农村地区对共产党人法制实践的接受和反应。中国共产党在根据地时期不仅进行暴力革命,建立割据政权,同时还开展一系列社会革命,其中就包括对婚姻制度的改造。革命时期对婚姻制度的变革既是对封建制度的消解,也是现实革命动员的需要。文章通过对结婚自由和离婚自由法律表达的分析,阐释革命与法律的互动和冲突及其现实选择。     

从闽南方言俗语看闽、台婚姻旧俗——《闽南话漳腔辞典》札记

本文认为,<闽南话漳腔辞典>(中华书局2007年版)是方言志、亦是民俗志著作;"以风俗解释方言,即以方言表现风俗"是方言学、亦是民俗学之道.本文从<闽南话漳腔辞典>收录的闽南方言俗语及其释义部分举例取证,描述或补述闽、台婚姻旧俗之若干情节,说明和证明闽、台两地民俗文化的共同性.