Freedom Of Marriage Research Articles

Legal aspects of the family life of chinese women in the first half of the twentieth century: erosion of patriarchate, consequences of modernization

The article analyzes the perception and attitudes of local residents towards the reforms implemented by the new authorities during the period from 1937 to 1949, particularly regarding the change in the social status of rural women in the provinces of Shaanxi, Gansu, and Ningxia. We argue that deeply rooted traditional beliefs created significant difficulties in implementing programs aimed at radical transformations, which were endorsed by a portion of Chinese society embracing a socialist perspective. The ideal of “freedom of marriage”, actively promoted by the ideologues of the new authorities, faced recognition with noticeable difficulties. Nonetheless, the reforms that began in the 1930s not only undermined the reliance on seemingly eternal Confucian-based traditions but also contributed to the formation and rise of the social self-consciousness of women, prompting them to learn to defend their rights and interests.

Modernization and Legal Reform: Muslim Minors and Freedom of Marriage in India

Abstract This article presents a regional study of the mechanics of modernization and liberalization of Muslim law in India. I explore these themes by focusing on how Indian courts, over nearly two centuries, interpreted the Islamic doctrine of khiyār al-bulūgh—the right of a minor to repudiate her marriage upon attaining majority. I also revisit the legislative debates that occurred during the codification of this doctrine into the Dissolution of Muslim Marriages Act, 1939. I identify two paradoxes from this history: first, that the liberalization of religious laws has been achieved at least as reliably and stably through judicial failures—errors, amnesia, indolence and ineptitude—as through deliberate legislative and judicial interventions; and second, that the recent overlaying of religious laws with “liberal-secular” laws in India has resulted in the consolidation and intensification of patriarchal authority over adolescent sexuality—an authority that had been scattered and loosely articulated under the regime of “purely religious” laws.

The expatriation act of 1907, marital assimilation, and citizenship-based intermarriage in the U.S.

ABSTRACT As both a marriage act and an immigration act, the Expatriation Act of 1907 restricted U.S. women’s freedom of marriage by stating that marrying aliens would lead to loss of U.S. citizenship. To study the effects of the Expatriation Act, I conduct a statistical analysis using 1910 full-count U.S. census data. I find that the Expatriation Act of 1907 generated significantly negative effects on intermarriage between American women and foreign-born men, particularly noncitizens. In particular, I find that it was the citizenship, rather than men’s non-U.S. origin, that accounted for the negative effects of the Expatriation Act of 1907 on intermarriage. These results show a decline in male immigrants’ marital assimilation, and potentially social and economic assimilation. As for the magnitude, the effects were large: the decline in intermarriage was at least 15 percent relative to the pre-Act intermarriage rate. Besides these main results, selective emigration to Canada and Europe driven by intermarriage cannot explain the main empirical results of the paper. The Expatriation Act of 1907 also had no significant effects on women’s entry into the marriage market. Finally, the effects of the Expatriation Act of 1907 on intermarriage were heterogeneous by family immigration background, but less so by geographic region.

The Story of an Hour: A Text Kidnapped by Feminist Criticism

The Story of an Hour as one of Kate Chopin’s classic masterpieces, has always been regarded as a purely feminist work that authentically indicates the awakening of women’s consciousness of freedom under the oppression of patriarchal politics. Since Halliday proposed Systemic Functional Grammar and the three metafunctions of language, transitivity has been widely employed in the interpretation of literary works. The present study focuses on the vicissitude of the protagonist Mrs. Mallard’s mental status through the transitivity analysis as a useful tool and the stylistic features of the text itself as well to explore the hidden theme which has been neglected, and concludes that this classic work is kidnapped by feminist criticism. It satirizes the protagonist’s pathological emotional state of pursuing the absolute freedom in marriage.

동아시아 국가의 동성혼 합법화와 입법방식에 관한 연구

The current global trend is legalizing same-sex unions, but it has not yet been legalized in Korea. As a result, same-sex partners are not receiving legal protection. This has been subject to many restrictions not only on the exclusion or restriction of rights and obligations under civil law, but also on disadvantages under tax law, criminal restrictions, and private organizations. As such, same-sex union is not recognized in Korea, but at this point in time when issues that demand same-sex union are receiving intense and social attention, there is a need for full-fledged discussion. Among the countries in East Asia that are close to Korea, Japan, where local governments operate a partnership system, and Taiwan and Thailand, which have recently allowed same-sex marriage, have reviewed the legislative form, content, and process of legalization of same-sex marriage. In the case of Japan, same-sex marriage is not allowed, but each local government operates a partnership system, and each local government has different methods and contents. However, there have been recent changes in various legislative attempts and precedents. In addition, while Taiwan was implementing a different same-sex registration system for each local government, a special law was enacted by the court's unconstitutional ruling to legalize same-sex marriage. Thailand is a country where same-sex marriage was legalized by the revision of the Civil and Commercial Act, while the partnership system was operating due to the enactment of the Civil Partnership Act. Japan and Taiwan have a partnership system operated by local governments, and Thailand is operated by legislation. In addition, Taiwan's legalization of same-sex marriage was enacted as a result of the unconstitutional judgment, and Thailand's National Assembly revised the Civil and Commercial Act to legalize same-sex marriage. Most of them made judicial judgments and decisions of the National Assembly on the grounds of human dignity and values, the right to pursue happiness, freedom of marriage, and equality. In the case of Korea, there is no full-fledged legislative and judicial judgment yet, but when discussions on allowing same-sex unions have begun, an intermediate form of partnership system should be allowed and more rights and obligations should be granted to the parties.

Rola ojca w edukacji dzieci w wieku wczesnoszkolnym

The present text deals with the role of contemporary father evolves in connection with cultural changes, globalisation, medialization and technological progress. Such a role involves participation and acceptance of the new model of activity. The family life is more threatened with family members lack of integration, conflict spouses, freedom in marriage and weakening emotional bond between family members. The article deals with an analysis of father s roles in early primary scool education. It elaborates consists of two parts-theoretical one and research results. An importatnt element of of the analysis is cooperation between fathers and teachers. Father /family as a smallest social unit and the basic educational environment can help and support children success. Many factors such as age, education, environment influence fathers s activity. The variety of the research conducted among 669 fathers of early school-age children. It was carried out in the years 2018–2020 in 2020 in Poland.

‘The Right to Freedom of Marriage and the Constitutionality of the Prohibition of Same Sex Marriage in Nigeria’: Another View

‘The Right to Freedom of Marriage and the Constitutionality of the Prohibition of Same Sex Marriage in Nigeria’: Another View

The Ideological Emancipation of Chinese Women and Its Idealistic Pursuit in the May 4th Movement

The May 4th Movement of 1919 is a significant period of ideological change in Chinese modern history, and in it is during this time that the ideological enlightenment of modern Chinese women made its debut. Led by modern intellectuals, they, from all angles, criticized the traditional social structure, traditional etiquette and feudal family system hindering the liberation and development of women, and further discussed the emancipation of women in terms of ideological education, economic independence, family status, freedom of marriage, ethics, social communication, as well as other relevant social issues. The intense exchange of ideas influenced public opinion, provoking enormous responses from all sections of society, particularly from women. Based on real educational and economic issues concerning women, combined with theories, real thoughts and practices, and carried out with a series of practical social reform activities, the ideological emancipation of women in the May 4th Movement of 1919 laid a solid foundation for the transition of traditional women to modern women, thus becoming the source of ideological emancipation of modern women in China.

A Study on the matrimonial property system Comparing with the interpretations of the Japanese Civil Law

The provisions on the matrimonial property system in the Korean the Civil Law apply to a married couple unless otherwise specified in a premarital agreement signed by the couple (Article 829 of the Civil Law). This article overviews the history and theories of the property system in the Japanese Civil Code, as it is regarded as the most similar to the matrimonial property system in Korea. The social perception of marriage may vary depending on the time and social situation, which makes it difficult to clearly grasp the public’s general preference for the marital system at a given time. However, it may be possible to derive such preference from social perception surveys utilizing relevant statistics. When we take a look at similar survey findings and statistics in Korea, we find out that, in the 1960’s when the first Civil Law was enacted, average Koreans married in their 20’s and stayed married for around forty years, and wives were not actively engaged in economic activities in general. Today, on the other hand, the marriage rate is declining while the divorce rate is increasing along with the remarriage rate. These stark differences between the two periods warrant a question; are the marital property relationship in those two periods the same? This eventually leads to the question of whether to uphold the social value that comes from a couple’s joint pursuit of communal life through marriage, or leave decisions on matrimony and the dissolution thereof to each individual’s free judgment. It should be noted that, unlike the past, marriage today is widely considered a contract that establishes a human community between men and women, and such a community can be freely established and dissolved based on individual affection. That is, ‘merger and succession of families’ is no longer emphasized in the marriage context. Therefore, with regard to spouses or children in need of economic support during marriage, it is necessary to grant them a way to file claims for support fees and have those claims executed with meaningful results, promote meaningful property division in case of divorce or find a way to increase a spouse’s inheritance. In particular, for couples in de-facto marriage where one of the spouses is reluctant to form a matrimonial property relationship and postpones or rejects marriage registration, it is necessary to adopt protective measures for the other spouse and their children. The 2020 bill to the Civil Law can be regarded as part of the continuous efforts to address economic inequality within married couples through the law. However, as one finds out, the bill contains provisions that are difficult to adopt without fundamental changes to the legal doctrine on change of real rights or the disclosure method thereof. The adoption of the bill is expected to face difficult challenges in terms of transaction safety. Therefore, the matrimonial property system under the Civil Law should be interpreted in a way that allows only the minimal level of solidarity required for the support of the married couple, so as to ensure that the interpretation is based on freedom of marriage but does not infringe on the safety of transaction.

Parental Authority and Freedom of Marriage: Cases from the Ecclesiastical Tribunal of Manila (1781-1790)

Parental Authority and Freedom of Marriage: Cases from the Ecclesiastical Tribunal of Manila (1781-1790)

The Translation and Interpretation of Tujia Love Songs “Adieu: A Tujia Love Duet” and “Visiting Sweetheart Solo” in Enshi

Tujia Love songs, as a means of expressing love, are one of the important parts of the folk songs in Enshi, Hubei Province. The love songs are the exposure of Tujia’s history, life, beliefs and values, as well as the reflection of their specific needs, national psychology, national survival relationship and life concept. It reflects the national emotion and personality characteristics. The research on it is of great value for the development of national culture and intercultural communication. This article focuses on the translation and interpretation of two representative love songs, “Adieu: A Tujia Love Duet” and “Visiting Sweetheart Solo” to interpret the typical artistic characteristics and cultural images and promote communication and understanding across cultures. By using case-studying method, these two love songs are used as models to dig out the characteristics of Tujia love tradition and Tujia love songs in common. While in translating these songs, cultural images, metaphors, terms of addresses and lining words are the most important parts which need to be closely studied, lingered on and treated with. Thus the artistic conception, dialect characteristics and cultural context can be disclosed through the process of translation, with the goal of readability and reader acceptability being realized as well as the combination of information and cultural atmosphere being reconstructed. In a word, the unique language artistic characteristics by using lining words is the result of dialect characteristics; rich and diverse rhetorical devices are the common means to make folk songs more vivid, humorous and interesting; different performance methods are adopted to perform diverse and wonderful folk songs; while the culture images and the terms of address have made rich cultural connotation. The love songs are the window of displaying the beautiful soul of Tujia people and also the accumulation of Tujia history and culture. Their pursuit of free love “with songs as the match-maker” is in line with the contemporary concept of freedom in marriage and love.

Формирование принципа добровольности брака в российском семейном праве

We consider the issues of origin and development of voluntary marriage principle, which is the basis of legal regulation of family relations in modern Russia. The purpose of the study is to examine the features of development of voluntary marriage principle of in Russian law. We use general scientific methods (dialectical, logical, systematic), private scientific methods (historical, statistical, sociological), as well as special legal (comparative legal, formal legal). We note that the voluntary nature of the marriage union is revealed through the freedom of marriage and freedom of its dissolution. The following stages are distinguished in the development of voluntariness principle: the pre-Christian period, the period after adoption of Christianity before the reign of Peter I, the period of empire, the Soviet and post-Soviet periods. We conclude that the development of voluntary condition was consistent and corresponded to the democratization of society. We note that the definition of the boundaries of the freedom of divorce in domestic law was of a fluctuating nature: from the tightening of divorce to its liberalization. We draw attention to the fact that the issue of divorce freedom legal regulation is to find the most optimal balance of the personal interests of spouses who are dissolving their marriage, their children, as well as society and the state.

Personal Freedom in Estonian Marriage Law between 1918 and 1940

Although Estonia started to develop its own legal system after gaining independence in 1918, many of the old laws from the Russian Empire remained in force in the interim. Soon, Estonia started to develop its own civil code. The old Baltic Private Law Code was highly patriarchal, and various aspects of family law reform were extensively discussed throughout the 1920s and 1930s. While the need for reform was widely accepted, opinions as to its extent varied considerably: female lawyers, inspired by Scandinavian laws, fought for the greatest possible degree of freedom and equality between spouses, while conservative politicians preferred more moderate changes. The article examines two main questions connected with the developments of those times – how much freedom the state gave to spouses for regulating their personal and proprietary relations and how much personal freedom the wife had in comparison to the husband. The norms regulating personal relations, the statutory matrimonial property regime, and the contract related to marital property are analysed in connection with efforts to identify the merits and reasonable limits of personal freedom in marriage. The family law in force in the 1920s and 1930s is compared with draft forms of the Estonian Civil Code, for uncovering how the compilers of the new version achieved balance between modern liberal ideas of personal freedom and traditional concerns about upholding stability of marriage.

Freedom in Marriage? Manumission for Marriage in the Roman World

AbstractThis article examines marriage as a pathway to free status for enslaved women in the early imperial Roman world, arguing that women manumitted for marriage to their former owners experienced a qualified form of freedom. Analysis of a funerary altar from early imperial Rome alongside larger bodies of legal and epigraphic evidence shows that in this transactional mode of manumission, enslaved women paid for their freedom by foregoing certain privileges, including, to varying degrees, the ability to enter and exit the marriage at will and the separation of their property from that of their husbands. Through a close examination of one mode of manumission and the unequal unions that resulted from it, this paper offers further evidence that freedom was not uniform, but varied in its meaning depending on who achieved it and by what means.

ИСТОКИ ТРАДИЦИИ «УМЫКАНИЯ»

This article continues a series of publications on freedom of marriage in the past and on the evolution of the «abduction» tradition, which was popular with our ancestors. In a previous study, the bride’s abduction ritual was considered. What is the origin of this rite? What reasons made our predecessors in different regions of the world imitate the abduction of a girl in the process of marriage?

Аборт в Советской России в эпоху НЭПа: официальная пропаганда vs массовые установки

This paper studies the attitudes of the Soviet authorities and society towards the problem of abortion during the New Economic Policy (NEP). In the 1920s, communist ideologists and population still under influence of traditional values based on religious ethics (though often indifferent towards religion and Church) expressed extremely different views on the issue. Even religiously indifferent people used to take part in religious ceremonies such as weddings and christenings. The traditions of the Orthodox Church provided them with moral support in the era of global changes. The ideological message of the Soviet authorities was also controversial. Officially sexual liberty was allowed, as was the freedom of marriage and divorce. Women were encouraged to work, to be involved in social activities, to be educated. However, there was little social and medical help for mothers. Traditional marriage was being destroyed, and an increasing number of abortions, both legal and illegal, was a result. Those who were in charge of the sanitary propaganda were worried and encouraged people to have children for Soviet Russia instead of abortions despite all difficulties. In fact, ordinary people knew that many children meant poverty and poor health for the whole family. There was almost no available contraception, and abortion was virtually only method of birth control. In spite of the efforts of Soviet propaganda, abortion was perceived as a nasty but almost unavoidable part of everyday life. The author concludes that no consensus on the problem of abortion in the Soviet society of the 1920s emerged, and to some extent it could not have emerged under such circumstances.

Problems of Marriage and Self Surrender in The Novels of Shashi Deshpande

Marriage is an important thing in the life of a woman. The importance that our society attaches to marriage is reflected in our literature and it is the central concern of Shashi Deshpade’s novels. In our society where girl learns early that she is ‘Paraya Dhan’, and she is her parents’ responsibility till the day she is handed over to her rightful owners. What a girl makes of her life, how she shapes herself as an individual, what profession she takes up is not as important as whom she marries. Marriage is the ultimate goal of a woman’s life.
 This paper attempts to probe into the problems of marriage through the protagonists of her novels where one enjoys the freedom of marriage and the other accepts the traditional marriage.
 Shashi Deshpade highlights the problems of marriage faced by middle-class people in finding suitable grooms for their daughters. This problem is well-illustrated through the characters of her novels. Since the girl’s mind over her childhood is tuned that she is another’s property, she tries to attach a lot of importance to it. it is indeed a tragedy that even in the modern age, Indian females echo the same sentiment where it was marriage which mattered most of them but not to the men. It is a beginning of females sacrifices in life that marriage brings to her.
 Shashi Deshpande encourages her female protagonists to rise in rebellion against the males in the family matters, instead she wants to build a harmonious relationship between man and woman in a mood of compromise and reconciliation.

Porodično pravo u Francuskoj - pravo u preobražaju

The French family law is the expression of some substantial changes that are taking place in the French society. They concern both marriage and relationships between parents and children. It is also possible to notice a growing interest of the European law, through the right of privacy, specially regarding the freedom of marriage and the question of surrogate mothers. Also, since 2016 French law admits the mutual consent divorce without a judge.

Women’s Liberation and Anti-Superstition in Wartime Communist Propaganda, 1943-1950

This article seeks to bridge the hitherto disconnected studies of the “woman question” and “religious question” in the twentieth-century Chinese revolution. It focuses on the issues of women’s liberation and anti-superstition in Communist propaganda through Xiao Erhei jiehun (Young Blackie gets married), a popular novel by the Communist writer Zhao Shuli (1906-70) published in 1943, and examines its impact in comparative context in wartime Communist base areas. Drawing on the religious culture of the author’s native southern Shanxi, this revolutionary classic promoted freedom of marriage through attacking “feudal superstition.” The article compares wartime religious and revolutionary culture in Zhao’s rural Shanxi with the CCP’s cultural and political agendas in its headquarters of Yan’an. Despite its immense success, the novel’s original messages of women’s liberation and anti-superstition gradually became marginal in the early PRC years – both discourses gave way to the party-state’s higher ideological goal of class struggle, and were subsumed into the metanarrative celebrating the absolute leadership of the Communist Party and Mao Zedong.

Lo Stato italiano e la Chiesa cattolica: indipendenza, sovranità e reciproca collaborazione (a proposito dell’art. 1 Accordo di revisione concordataria)

Il contributo, accettato dal Direttore, riproduce il testo della Relazione tenuta presso l'Arcisodalizio della Curia Romana (Roma, Palazzo della Cancelleria, 16 gennaio 2014). SOMMARIO: Premessa - 1. Alle radici della duplice sovranita: il dualismo cristiano - 2. La questione della sovranita della Chiesa - 3. La sana cooperatio nell’Accordo di revisione concordataria - 4. Dialettica con gli Episcopati e Ecclesia Communio - 5. Sana cooperatio e res mixtae : in particolare 8 per mille e matrimonio - 6. Nuove sfide alla sovranita della Chiesa? Abstract In the article the Author takes stock of the situation regarding the sana cooperatio between State and Catholic Church 30 years after revision of the Italian Concordat. After dealing with the concept of Christian dualism and its historical development, the essay pays attention to the sovereignty of Catholic Church and highlights how in last years the CEI (Italian Conference of Catholic Bishops) - in conjunction with the Holy See - has taken on particular importance in the relationship between State and Catholic Church. Then there is a comparison between two issues which have had unexpected results: the Eight per thousand and the marriage. With regard to the Eight per thousand, in consideration of the economic crisis, the Author proposes that Catholic Church may accept a temporary reduction of the sums devolved to her or may use such sums in order to strengthen the projects in favor of the common good. With regard to the marriage, in consideration of the violation of religious marriage freedom, the Author hopes for a clarification by the State or, otherwise, the adoption of the personal statutes.