婚姻契约关系浅议

婚姻是每个人的事情。古往今来,关于婚姻的论说举不胜举,但有关婚姻契约的话题却有些少见,而具体阐述婚姻契约关系的文章几乎没有。众所周知,婚姻不仅是个人问题,而且是社会问题,因此有很多人把自己的婚姻完全寄托在社会法律制度的保障和救济上。笔者认为,在社会制定婚姻法律制度保障个人婚姻权利实现,维护社会稳定的同时,每个人更应该认清婚姻的本质,正视自己在婚姻中的权利义务,对自已的每一个行为有一个正确的判断,认真对待(或者经营)自己的婚姻。本文就是从社会契约(本文所指社会契约都仅指民商事领域)的角度来分析婚姻关系。笔者认为,婚姻关系是一种契约关系,这种契约既有作为契约的共性,又有其独特的个性;同时,婚姻关系也是一种心理契约关系,它于无形中制约着婚姻中的男女,这种制约导致了许多规避婚姻法律的社会现象,因此,笔者强调,婚姻契约关系应由封闭走向开放。     

《聊斋志异》女性形象时代特征探析

受明清之际进步思潮的影响,蒲松龄的《聊斋志异》在女性形象塑造方面出现了反映时代进步的积极因素,蒲松龄对女子个性、才情、品质诸多方面加以着重表现,体现了他在婚姻、爱情等问题上的进步思想。     

婚姻法修改及其完善

值此中华人民共和国民法典着手制定之际,本文拟考察2001年修正婚姻法的主要内容,评介其立法理由及成功之处,分析其存在的不足,并提出今后进一步补充、完善的建议。     

Working women in France,nineteenth and twentieth centuries. Where,when, and which women were in work at marriage?

We look at women's labour force participation for the whole of France in the nineteenth and twentieth centuries. We study to what extent young women were working at the time of their marriage, in which occupations, and how differences in labour force participation might be explained. Using a sample of 53,451 marriage records from the TRA project, we identify regional and temporal differences in rates of female labour force participation and in types of work in France between 1860 and 1986.We observe rather stable levels of female labour force participation between 1860 and 1950 of about 60 per cent, but higher levels in the second half of the twentieth century. Over time, women started to work across virtually all occupational sectors. Regional differences declined over time but continued to exist in the late twentieth century. We formulate a set of hypotheses to explain which women worked, taking into account their resources, as well as their expectations, in a male-breadwinner-dominated society. The results of our hierarchical logistic analysis indicate that women with fewer parental resources were more likely to work.     

我国婚姻家庭救疗机制构建设想

幸福的婚姻家庭不是无拘无束的挥舞个性和自由的平台,现代青年在男女平等、经济独立和传统婚恋文化两种作用力下挣扎纠结。结婚率下降、离婚率升高,同居不婚人群越来越庞大。建立以法律制度为中心,学校教育、行政干预、舆论引导等各方面配合,多手段调控婚姻家庭系统的社会综合管理体系将会有助于建立更为和谐稳定的婚姻家庭。     

企业社会工作 ：解决农民工婚恋问题的新路径

改革开放以来,随着城市化的深度发展以及工业化进程的加快,出现了数以亿计的农民工群体。农民工群体是社会工作重要的服务对象,农民工问题是关系国计民生的重大问题。农民工婚恋问题是农村劳动力向城市转移过程中出现的各种社会现象中的一个重要方面,因而成为一个值得研究的领域。研究认为,农民工婚恋问题与企业社会工作关系密切,企业社会工作在解决农民工婚恋问题方面存在先天优势。研究建议,企业社会工作机构和社会工作者应该通过企业、社区场域,并依托工会和党建资源,不断完善社会工作模式,实现以企业社会工作路径解决农民工婚恋问题的常态化。     

Barriers to marriage and motherhood: the experiences of disabled women in Malaysia

ABSTRACT

The conceptualisation of disability is contested globally and issues in gender studies further complicate the movement towards the development of an inclusive and equal society. However, most disability and gender research studies are based on the data collected in the Global North, and little is known about disabled women in the Global South. The data presented here is from a bigger study focusing on the lived experiences of women with disabilities. This paper sets to explore how disabled women in Malaysia experience their lives in terms of marriage and motherhood prospects. The data of this qualitative study was collected from a set of in-depth interviews involving 32 women in Malaysia with physical (mobility) impairment. Over a period of 6 months, 16 Malays, 8 Chinese and 8 Indian women were interviewed twice. The analysis proposes both retrospective and introspective accounts on marriage and motherhood. The data gathered from the in-depth interviews was transcribed and analysed thematically with the help of NVivo software. The findings indicated that most participants have experienced significant barriers concerning individual constraints, familial control, and societal barriers. These were discussed with the intrinsic aspects and contextual factors of living in a patriarchal and traditional society that significantly undermined the wellbeing of disabled women in this study. Nevertheless, many of those interviewed refused to give up their hope of having a family life despite the constant struggles they encountered in their pursuit of happiness. However, their aspirations to experience family life were restricted and this caused them to experience significant psycho-emotional problems. They were constantly reminded that they were ‘disabled’ and not worthy of experiencing life like other women. The paper will discuss these challenges and negative societal attitudes towards the issue.     

The impact of disability on partnership formation in Sweden during 1990-2009

ABSTRACT

Evidence suggests that disability negatively affects people’s propensity to find a partner. Persons with disabilities that eventually find a partner do so later in life compared to the average population. There is a lack of studies on the differences in partnership opportunities for persons with disabilities compared to those without disabilities in Sweden. The aim of this study is to assess the impact of disability on partnership formation and to assess whether partnership formation varies as a function of individual demographic and socio-economic factors. We use nationwide data available in the Swedish Initiative for Research on Microdata in Social and Medical Sciences (Umeå SIMSAM Lab). We follow persons born from 1973 to 1977 when they were from 16 to 37 years of age and analyze their data using logistic regression. Our findings indicate that regardless of whether a person started to receive a disability pension at an early age or later, it was associated with lower odds for partnership formation. For persons who started receiving disability pension from 16 to 20 years of age, chances for partnership formation reduced with increase in age of partnership. Individuals that started to receive disability pension later were more likely to form partnership prior to receiving disability pension. Partnership formation was less likely among persons born outside Sweden, in persons with mothers born outside Sweden, in individuals born by unmarried mothers and in persons, whose mothers had a high level of education. Partnership was high among women and among persons who had many maternal siblings. In conclusion, receiving disability pension was associated with reduced chances for partnership formation. Receiving disability pension might imply financial constraints that negatively influence partnership formation supporting Oppenheimer’s theory on the economic cost of marriage and the uncertainty hypothesis.     

Traditionalization,or the making of a reputation: women,weddings and expenditure in Tajikistan

ABSTRACT

This article aims to show how traditionalization is enforced by women in Tajikistan in the realm of marriage, focusing on the economic dimension of life cycle rituals: ritual expenditure and gift-giving. It shows that from women’s points of view, performing ceremonial competition may itself be a resource to recover their reputation, for example when a matrimonial rupture has harmed it. Focusing on single mothers, it demonstrates how practices of traditionalization performed by women can be directed at addressing gender constraints and stereotypes, such as the normative relation between marriage and femininity, and how they may also secure women’s separate sphere of competence and relative financial autonomy.     

An Aristotelian paradox: Wollstonecraft and the implications of marriage as friendship

ABSTRACT

This essay argues that Mary Wollstonecraft interprets marriage in A Vindication of the Rights of Woman as a relationship reminiscent of Aristotelian higher friendship. This position presents an Aristotelian paradox: Wollstonecraft shows how marriage – an institution Aristotle explicitly viewed as a husband ruling a wife – can be the basis of the Aristotelian fulfilment political society structurally provides to the best men. Overall, Wollstonecraft suggests that marriage should be recognized as a concrete contract of friendship between two individuals as opposed to a male-female complementarity that ends in the propagation of the species through childbirth. Her work enables us to challenge ideas of marriage – from Aristotle to Rousseau to the new natural law tradition – that overlook how the structure of marriage dominates possibilities for partnerships. By thus dignifying marriage, Wollstonecraft both critiques eighteenth century marriage practices and broadens the scope of gender expression today.

Abbreviation: VRW - A Vindication of the Rights of Woman