罗马法中主观诚信的产生、扩张及意义

罗马法中本无主观诚信的概念,由于社会的进步,它于公元前150年在《阿梯钮斯法》中出现。主观诚信概念一旦产生,就开始了其扩张。首先扩张到了公元前67年诞生的普布利奇安诉讼中。然后在一个不能确证的时间,它扩张到了添附法。129年扩张到了继承法。在161-169年之间扩张到了家庭法。在这一过程中,主观诚信的含义摇摆于"不知"与"确信"之间,两者都是人们"走眼"、"失手"的表现。罗马法不"修理"而是救济这样的失败者,是因为他们都无害人之心,而且他们都是弱者。随着主观诚信的扩张,罗马法对它的优待措施日益丰富。     

The Effect of Incarceration on Marriage and Work Over the Life Course

The current study adopts the life course framework to examine the effect of incarceration on the likelihood of becoming married and attaining full‐time employment. It is hypothesized that men who have been incarcerated will be less likely to marry and to gain full‐time employment. Data from the National Longitudinal Survey of Youth are used to test the hypothesis. Results from the growth‐curve models support the life‐course theoretical model. Across all models estimated, incarceration is negatively associated with marriage and employment. In addition, positive milestones (e.g., education) are associated with improved chances of employment and marriage. The findings reinforce the importance of considering a multitude of life events when estimating life trajectories.     

涉外同性婚姻法律适用问题研究

世界范围内,同性婚姻为一些国家法律认可的事实,与中国大陆对该身份领域的变化,仅存于学者呼吁应保护少数人人权的现状,则提出了在中国大陆涉外同性婚姻的法律适用问题。依据我国"涉外民事关系法律适用法"的有关规定,同性结合存在的客观事实,医学上界定其不是一种疾病的科学论断,及公平与正义、且具有全球视野的、与时俱进的现代意识,我们在法律观念与法律制度上应倾注切实可行的法律人文性。在一定的条件和法律环境下,适宜的冲突法或者直接调整方法运用于该领域,是保障人的自由权、契约身份权,维护依法设立的民事关系的稳定性,内外有别地对待与处理涉外民事身份关系的需要。     

Introduction: disability,partnership, and family across time and space

ABSTRACT

Notions of family life and romantic partnership, like notions of disability, have been culturally constructed and socially produced over historical time, and our understandings of these notions are being continually challenged and re-negotiated across time and space. Policies, institutions, and cultural practices across the globe have brought about changes to the construction of the family and to the rights and inclusion of disabled people in private and public life. This special issue brings together a collection of studies from different countries and time periods to explore the interplay between disability, romantic partnerships, and family life across the individual lifetime and between generations. With this interdisciplinary collection, we seek to merge disability research and research on family and partnerships through a life course lens. This offers unique insights and opportunities to interconnect historical and cultural location and changing social institutions with individual and family experiences. This introduction presents the eight studies in the collection and discusses them within a life course frame that views disabled people’s roles as partners, spouses, and members of a family. In so doing, it engages in an analysis of (dis)similarities concerning how family dynamics, romantic relationships, and disability have developed over time and in different spaces.     

Interracial marriages in twentieth-century Cape Town: evidence from Anglican marriage records

ABSTRACT

One of the most controversial laws promulgated by the National Party as part of South Africa’s mid-twentieth century apartheid policies was the 1949 Prohibition of Mixed Marriages Act. This Act stipulated that ‘a marriage between a European and non-European may not be solemnized, and any such marriage solemnized in contravention of the provisions of this section shall be void and of null effect’. We use more than 23,000 newly-transcribed Anglican marriage records of Cape Town for the period 1911 to 1964 to show that the Act had mostly followed, and not led, changing interracial marriage practices. In the years before the Act’s promulgation, interracial marriages were rare and on the decline, despite the fact that apartheid-era policies had not yet been institutionalized. Our results suggests that marriage behaviour in Cape Town, and probably in South Africa more generally, was shaped by racial stratification early in the twentieth century. The Prohibition of Mixed Marriages Act of 1949, although devastating to those affected, was a correlate to rather than the cause of changing marriage behaviour.     

‘A second wife is not really a wife’: polygyny,gender relations and economic realities in Tajikistan

While polygyny in Tajikistan existed before the collapse of the Soviet Union in 1991 and has been a phenomenon of growing importance since Independence, it is still forbidden by law. To understand this renewal, I do not look at polygyny as a sign of religiousness, but as a form of patriarchal bargain in which women (who often experienced former matrimonial disjuncture) may have a greater power of decision in the spousal relations. I will explore women's points of view, from which polygyny is a strategy to accessing the symbolic and material resources they lack. I then explore the conditions to which becoming a second wife is possible: women's own resources, be they material, symbolic, familial, appear as of crucial importance in this accession to the status of being married anew.     

Women’s age at last childbearing and its determinants: a case study of Antwerp (Flanders,Belgium) on the basis of the multi-source COR* historical sample

Declines in the age at last childbearing in the first demographic transition reflected conscious changes in fertility behaviour during that period, in particular efforts to limit the total number of children. Such fertility limitation behaviour was the net result of ‘cultural causal factors’ on the one hand and ‘structural and economic causal factors’ on the other hand. This paper analyses the evolution of women’s age at last childbearing by reconstructing women’s life histories based on data from the multi-source COR* historical sample for Antwerp in the period 1846–1920. The paper also assesses the causes of this evolution through a number of theoretically grounded structural/economic, cultural and life course determinants, placing these concepts in a macro-micro framework of methodological individualism. For this purpose, in the first place a Kaplan-Meier analysis is applied to 10-year birth cohorts; a proportional hazard model is also applied to three different birth cohorts (mothers born before 1840; born in the period 1840–1859; and born after 1860); and a range of cultural and life course determinants are analysed, including women’s literacy status, marriage witness characteristics, the seasonality of marriages and births, and birth histories. The analysis confirms the decline in the age at last childbearing especially in the late cohort, and also highlights inter-cohort differences caused by cultural and life course determinants.     

浅析婚内人格侵权的民事责任

我国现行《婚姻法》对于婚姻存续期间夫妻关系的法律调整适用的是离婚损害赔偿的民事救济,对不涉及离婚的夫妻之间人格侵权纠纷的民事责任的追究却没有作出明确的规定。在婚姻关系尚未破裂之时,当事人只想用民事惩罚措施,使加害人更加明确承担法律义务的强制性和严肃性。因此,建立婚内侵权的民事责任即可弥补法律规范之空白,有效地阻止夫妻间侵权行为发生,也是维护稳定及和睦婚姻家庭生活的积极有效途径。