Résumé: Après la promulgation de la loi sur le mariage de la République populaire de Chine en 1950, les œuvres littéraires dérivées du besoin de publicité ont des implications politiques et une signification disciplinaire distinctes. Parce que le problème du divorce a la rationalité des “droits libres” et la sensibilité de l’agitation sociale, le récit du “divorce” à cette époque se situe dans une certaine mesure entre la politique et la réalité. D’une part, les œuvres littéraires doivent promouvoir positivement le (...) concept juridique de “liberté de divorce” et, d’autre part, elles doivent être soumises à un traitement narratif insensible. Les récits de divorce sont donc vagues et capricieux. Toutefois, la littérature a comblé dans une certaine mesure le fossé entre la loi et la réalité en réimaginant les problèmes réels causés par le divorce. (shrink)

This paper is the first to critically analyse how the newly enacted Chinese Civil Code addresses gender equality in the intersection of family and commercial contracting. It proposes ‘marriage transmitted debt’ (MTD) in China as a new concept as opposed to ‘sexually transmitted debt’ (STD) documented in English and Australian jurisprudence. MTD refers to the debt incurred by one spouse but transmitted to the other spouse due to the status of the marriage. Supported by empirical statistics, it (...) shows that while the statutory language of MTD regulation in China is neutral, wives are still disadvantaged. Although this has been partly addressed by shifting the onus of proof to creditors, the meaning of debt incurred for the daily life of a family or the joint life of the couple in the Code needs further judicial development. The Code is the beginning of a solution rather than the end to achieving gender equality in China. (shrink)

In the traditional system of Chinese families, individuals are embedded in the institution of the family with defined obligations to enhance family development. As a consequence of the male-biased sex ratio at birth in China since the 1980s, an increasing number of surplus rural males have been affected by a marriage squeeze becoming involuntary bachelors. Under China’s universal heterosexual marriage tradition, family development of rural involuntary bachelors has largely been ignored, but in China’s gender-imbalanced society, it is (...) necessary to adopt a family-based approach to identify and study the plight of rural involuntary bachelors. Studies on gender imbalance indicate that these men face multiple risks from the perspectives of their life course, the family life cycle, and the family ethic. To a certain extent, these risks are caused by a conflict between the individual’s family life and family ethics and are mainly reflected in problems concerning marriage, health, and old-age support. Not only do these vulnerabilities affect the individual and family development across the whole life cycle but also pose major risks to social development in the face of strong gender imbalance. In order to deal with risks faced by rural involuntary bachelors, core ethical principles, including autonomy, beneficence, and justice, need to be adopted. Through adjustments to informal support provided by the family and formal support provided by policy-makers, risk of uncertainty in family development faced by rural involuntary bachelors could be reduced. (shrink)

The Chinese traditionally have valued sons over daughters, depending on their sons to support them in old age. Recent changes, however, suggest a shift toward greater gender equality, with daughters also keeping elderly parents. The present study, undertaken in 1979 in the People's Republic of China, assessed attitudes of 48 university staff members toward financial support for aged parents and living arrangements in old age, with an emphasis on gender differences. We found that most sons and daughters gave financial (...) support to their parents regularly and most men and women still believed adult children should share housing with their aged parents. In this sample, the sons assumed this responsibility far more than the daughters, and few of the respondents believed their parents should live with a daughter. However, when asked to project their own preferences in old age, sons thought they would prefer to live with a son, but daughters feel they would like to live with a daughter. These results are discussed in terms of two important cultural changes, the new marriage laws and the one-child policy, that were implemented at the time of the study. (shrink)

Citizenship and marriage are legal statuses that generate numerous privileges and responsibilities. Legal doctrine and argument have analogized these statuses in passing: consider, for example, Ted Olson’s statement in the Hollingsworth v. Perry oral argument that denying the label “marriage” to gay unions “is like you were to say you can vote, you can travel, but you may not be a citizen.” However, the parallel between citizenship and marriage has rarely been investigated in depth. This paper investigates (...) the marriage-citizenship parallel with a particular focus on three questions prompted by recent developments in law and policy: -/- 1) Should we provide second-best statuses? Some couples — in particular gay and lesbian couples — have been offered permanent statuses, like civil unions, that bear legal privileges but fall short of full marriage equality. In contrast, similar differentiations within citizenship are generally resisted. The history of citizenship may presage the increasing unacceptability of differentiations within status in the gay marriage context. Meanwhile, the history of marriage equality efforts may help present-day citizenship advocates choose legal strategies. -/- 2) Should statuses be a gateway to rights? Some early gay rights advocates unsuccessfully argued that advocates should challenge the primacy of marriage, rather than seek access to the institution. Advocates attempting to expand the rights of current noncitizens face similar choices: should they seek to give current noncitizens greater access to citizenship, or challenge the reservation of important rights to citizens? -/- 3) Can status relationships be plural? Many critics of dual and multiple citizenship argued that allegiance to multiple states was immoral, unadministrable, or both. More recently, polygamous marriage has become a topic of legal and political discourse, first as a foil in anti-gay marriage arguments and later as a political possibility in its own right. I consider whether polygamous marriage advocates can profitably draw on arguments for multiple citizenship, and how multiple-citizenship advocates should responsibly respond to the analogy with polygamy. (shrink)

In Chinese philosophy’s encounter with modernity and feminist discourse, Neo-Confucianism often suffered the most brutal attacks and criticisms. In “Neo-Confucians and Zhu Xi on Family and Woman: Challenges and Potentials,” Ann A. Pang-White investigates Song Neo-Confucians’ views (in particular, that of Zhu Xi) on women by examining the Classifi ed Conversations of Zhu Xi (Zhuzi Yulei), the Reflections on Things at Hand (Jinsi Lu), Further Reflections on Things at Hand (Xu Jinsi Lu), and other texts. Pang-White also takes a (...) close look at the Song law regarding women’s property rights and the Song educational system. Surprisingly,Zhu exhibited a level of flexibility, though still limited, on these subjects. He was particularly adamant about the importance of women’s education. In addition, even though he opposed the social practice and women’s ownership of dowry (seeing it as a form of commercializing marriage), he did not absolutely oppose women’s property rights. However, his normative and philosophical view on the male/yang and female/yin relationship was less satisfactory. At one place, he used it to illustrate gender equity; at another place, he defended female subordination. Zhu’s social-political teaching on women’s role could benefit from a more consistent development of his metaphysics of li-qi and yin-yang, which can bring new insight to the contemporary feminist “essentialist versus non-essentialist” debate on sex and gender. (shrink)

The difficult and apparently inconsistent regulations by which certain marriages are forbidden in the Republic have not, it would seem, been consistently explained hitherto. It is the purpose of this article to prove that—if we read Plato's text without prejudice—marriages between brothers and sisters are nowhere prohibited, but expressly allowed; and that there are in the ideal city certain family groups, though I do not contend that any very great importance is to be attached to these.

In Chinese philosophy’s encounter with modernity and feminist discourse, Neo-Confucianism often suffered the most brutal attacks and criticisms. In “Neo-Confucians and Zhu Xi on Family and Woman: Challenges and Potentials,” Ann A. Pang-White investigates Song Neo-Confucians’ views (in particular, that of Zhu Xi) on women by examining the Classified Conversations of Zhu Xi (Zhuzi Yulei),the Reflections on Things at Hand (Jinsi Lu), Further Reflections on Things at Hand (Xu Jinsi Lu), and other texts. Pang-White also takes a close look (...) at the Song law regarding women’s property rights and the Song educational system. Surprisingly, Zhu exhibited a level of flexibility, though still limited, on these subjects. He was particularly adamant about the importance of women’s education. In addition,even though he opposed the social practice and women’s ownership of dowry (seeing it as a form of commercializing marriage), he did not absolutely oppose women’s property rights. However, his normative and philosophical view on the male/yang and female/yin relationship was less satisfactory. At one place, he used it to illustrate gender equity; at another place, he defended female subordination. Zhu’s social-political teaching on women’s role could benefit from a more consistent development of his metaphysics of li-qi and yin-yang , which can bring new insight to the contemporary feminist “essentialist versus non-essentialist” debate on sex and gender. (shrink)

Recent defenses of same-sex marriage and polygamy have invoked the liberal doctrines of neutrality and public reason. Such reasoning is generally sound but does not go far enough. This paper traces the full implications of political liberalism for marriage. I argue that the constraints of public reason, applied to marriage law, entail ‘minimal marriage’, the most extensive set of state-determined restrictions on marriage compatible with political liberalism. Minimal marriage sets no principled restrictions on the (...) sex or number of spouses and the nature and purpose of their caring relationships, nor on which marital rights are exchanged, and whether they are exchanged reciprocally or asymmetrically. Minimal marriage supports adult care networks, urban tribes, friendships, and other forms of relationships as well as ‘traditional’ marriages. I provide a publically justifiable rationale for a legal framework supporting non-dependent caring relationships between adults. The argument is that caring relationships are primary goods, and that liberal justice accordingly requires legal frameworks supporting caring relationships. Minimal marriage is one such framework. (shrink)

Journal Name: Semiotica Issue: Ahead of print.

Das jüdische Eherecht ist eines der religiösen Rechtsfelder, die Rabbiner in ihrer Praxis am meisten beschäftigen. Im Staat Israel ist das jüdische Familienrecht bis heute für die Regelung von Eheschließung und Scheidung zwischen Juden relevant. Das Buch führt in das Jüdische Recht insgesamt und in seine Entwicklung in den verschiedenen Strömungen des Judentums ein. Es folgt ein Überblick über Brautwerbung, Verlobung, Details der Eheschließung wie Zeugenregeln und Festsetzung des Trautermins sowie Eheverbote. Dabei werden die Themen Jüdischer Status, Mischehe und Übertritt (...) zum Judentum ebenso behandelt wie die Entwicklung von der Polygamie zur Monogamie und die Leviratsehe. Welche besonderen Regeln gelten für Angehörige der Priesterkaste? Was beinhaltet der Ehevertrag, die Ketubba? Warum wird bei der Trauung ein Glas zerbrochen, was hat es mit dem Ehering auf sich und mit den Segensprüchen während der Eheschließung? Welche ehelichen Pflichten bestehen nach erfolgter Eheschließung, und können gleichgeschlechtliche Paare heiraten? Auch die Auflösung der Ehe durch Scheidung wird eingehend behandelt, Abfassung und Wortlaut des Scheidebriefes sowie die rechtlichen Folgen einer Scheidung werden erläutert. Das Buch richtet sich insbesondere an Rabbiner in der Gemeindepraxis, an Experten des kanonischen und kirchlichen Rechts und an Juristen, die sich mit vergleichendem Familienrecht beschäftigen. Auch Theologen und Judaisten lesen das Buch mit Gewinn. (shrink)

In this paper, I critically challenge the ability of legal reforms to recognize and integrate the way in which a rape victim sees rape. Current limitations to the law are mainly due to the accepted patriarchal view on law as a form of objective and rational knowledge, outside which there are only impracticable and irrational views. I investigate the case of marriage jurisprudence in the UK, as a prominent example, because it has long accepted marital rape as objectively and (...) rationally part of a wife’s duty. Even though changes have occurred which improve the marital rape jurisdiction and prejudicial disbelief concerning a woman’s private life is still used in the courts to question the credibility of the victim. Over the past year, extensive efforts have been made to reform the management of rape cases. Whilst there is a need to acknowledge the seriousness of the accusation with rigorous legal principles which provide appropriate safeguards for the accused person as well as the complainant, especially bearing in mind the often “private” circumstances, with a concomitant lack of witnesses, it remains the case that the rate of attribution in attempts to secure successful prosecutions in rape case remains overwhelming. I show how a Wittgensteinian approach to law would take into consideration the shape of gendered lives as they are experienced, and hence would not accept just one legal interpretation of marital law. The phenomenon of “seeing-as” in Wittgenstein’s philosophy can support the experience of being jolted into appreciating the feminist aspect of consent in marital sexual relationships. (shrink)

For nearly a century, and until very recently, the majority of U.S. states required a blood test for marriage license applicants. The tests identified people with conditions formerly designated as "venereal diseases," most importantly gonorrhea and syphilis. Those who tested positive were barred from civil marriage. Although the premarital testing requirement is no longer a feature of state law, numerous related enactments are common features of law in most states.The historical literature describing the rise and fall of laws (...) prescribing marriage restrictions related to VD has treated those enactments as public health measures, meant primarily to forestall the spread of disease to intimate partners. But laws to... (shrink)

Searle’s tool for understanding culture, law and society is the opposition between brute reality and institutional reality, or in other words between: observer-independent features of the world, such as force, mass and gravitational attraction, and observer-relative features of the world, such as money, property, marriage and government. The question posed here is: under which of these two headings do moral concepts fall? This is an important question because there are moral facts – for example pertaining to guilt and responsibility (...) – which hover uncomfortably close to the boundary between the observer-relative and the observer-independent. By means of a thought experiment involving an imagined Chinese society in which guilt is determined by the random throwing of sticks, I seek to show that moral concepts threaten the foundations of Searle’s philosophy of social reality. (shrink)

This study examines the relationship between person-referencing terms and attorney and judges’ stances during oral argument in three US state supreme courts as each considered whether its existing state law could restrict marriage to one man and one woman. After reviewing past work on stancetaking and person referencing, I provide background on appellate oral argument and the three cases. Combining discourse analysis with simple quantitative coding, the study shows that attorneys’ and judges’ choices of terms for gay parties and (...) the frequency of their use marked the stance of appellate parties toward same-sex marriage. Then, I describe how person-referencing terms for gays, both in the larger society and in appellate courts, changed in the 20 years preceding the cases. The article concludes by arguing for the value of studying state appellate court discourse; I also reflect about the complexities in linking changes in usage of person-referencing terms with attitudinal stance changes. (shrink)

Currently, abortion can be lawfully performed in China at any gestational stage for a wide range of social and medical reasons. I critically explore the Chinese regulatory model of abortion in order to examine its practical effects on women. Although I focus on the post-Maoist abortion law, I also analyse the imperial Confucianism-dominated regulation and the Maoist ban on abortion in order to scrutinise the emergence of the notion of ‘glorious motherhood’. By examining how ‘glorious motherhood’ is constructed and (...) reinforced in the Chinese family planning context, I argue that the post-Maoist government intentionally made abortion ‘law in the books’ unrestrictive in order to impose its control over female fertility. As a result of this, women are persuaded and even forced to lead a ‘glorious’ maternal life, which means sacrificing themselves for the purpose of achieving the state’s Malthusian and eugenic demographic goals. Furthermore, I argue that, in addition to exacerbating gender oppression, abortion law’s embrace of the idea of ‘glorious motherhood’ also produces ‘group oppression’ of unmarried women and working-class women. (shrink)

The link between gaming and negative outcomes has been explored by previous research and has led to the widespread adverse attitude toward gaming (ATG) and gamers, especially from those who are unfamiliar with this activity. By implementing an audit study with gamers and non-gamers as participants (N = 1,280), we found that non-gamer participants rated gamers less as similar to their ideal marriage partners compared to non-gamers, while gamer participants did not differentiate between gamers and non-gamers in the ideal (...) marriage partners similarity rating (IMPSR). The findings also revealed that the difference in IMPSR between gamer and non-gamer participants toward gamers was completely mediated by their ATG. These results imply that non-gamers consider gaming as an undesired characteristic, and this is due to the relatively negative attitude of non-gamers toward gaming. Current study provides a new perspective on exploring the effect of gaming by investigating the social interaction between gamers and non-gamers in real-world and suggests that the unfamiliarity of gaming can lead to the negative ATG, which may, ultimately, place gamers at a disadvantage in the context of mate selection. (shrink)

Following the U.K. Labour government commitment to marriage in the 1998 Green Paper ‘Supporting Families’, Barlow and Duncan produced a robust critique calling for ‘realism’ in recognising that many couples are now choosing not to marry, that too many do not make informed decisions as to whether to marry or not and that, on the basis of their survey, over 40% of respondents believed that some form of family law protection would be available to them, despite their lack of (...) marital status. When added to a concern that economically vulnerable cohabiting women do not receive adequate protection in property law, it seemed all too obvious that the government commitment to marriage should be challenged. In fact, government policy does seem to have shifted somewhat when, partly as a tactical manoeuvre to help the passage of the Civil Partnership Act 2004 and specifically recognising concerns with the needs of economically vulnerable parties, the issue was referred to the Law Commission for England and Wales. This places the ‘realism’ arguments firmly within the reform agenda. However, this article argues that there is a need to look more closely at the arguments used by the ‘realists’, in particular at the evocation of the figure of Mrs. Burns. The more contemporary case of Oxley v. Hiscock is used to both raise questions about the socio-economic profiles of cohabitants, as well to question the presentation of property law as failing women (and family law as offering the protection they need). I argue that feminists should take a cautious approach in relation to the seemingly compelling argument that cohabitants will benefit from the extension of aspects of marriage law to cover property issues at the end of a relationship. (shrink)

What might it be to write a post-colonial social science? And how might the intellectual legacy of Chinese classical philosophy—for instance Sun Tzu and Lao Tzu—contribute to such a project? Reversing the more usual social science practice in which EuroAmerican concepts are applied in other global locations, this paper instead considers how a “Chinese” term, _shi_ might be used to explore the UK’s 2001 foot-and-mouth epidemic. Drawing on anthropological insights into mis/translation between different worlds and their alternative ways (...) of knowing and being, the paper explores that epidemic in three differently inspired _shi_-inflected “empirical” accounts. The first uses Sun Tzu’s strategic understanding of _shi_ to tell a conventionally representational story. The second resists the causes and background factors implied in standard social science by offering a “light” and _shi_-inflected form of knowing. And the third combines the referentiality of social science with a Lao Tzu-informed commitment to the paradoxes of normative epigram. This third narrative thus illustrates the possible features of a situated and _shi_-inflected social science that recognizes that it participates in the contexted and immanent flows and counterflows of things in the world. The paper concludes by noting that such a _shi_-inflected social science is experimental, and suggests that it is important to explore a range of ways of reversing the flow of concepts between EuroAmerica and other global locations. (shrink)

This book addresses fundamental questions about marriage in moral and political philosophy. It examines promise, commitment, care, and contract to argue that marriage is not morally transformative. It argues that marriage discriminates against other forms of caring relationships and that, legally, restrictions on entry should be minimized.

In Feminism and the Power of Law Carol Smart argued that feminists should use non-legal strategies rather than looking to law to bring about women’s liberation. This article seeks to demonstrate that, as far as marriage is concerned, she was right. Statistics and contemporary commentary show how marriage, once the ultimate and only acceptable status for women, has declined in social significance to such an extent that today it is a mere lifestyle choice. This is due to many (...) factors, including the ‘sexual revolution’ of the 1960s, improved education and job opportunities for women, and divorce law reform, but the catalyst for change was the feminist critique that called for the abandonment (rather than the reform) of the institution and made the unmarried state possible for women. I conclude that this loss of significance has been more beneficial to British women in terms of the possibility of ‘liberation’ than appeals for legal change and recognition, and that we should continue to be wary of looking to law to solve women’s problems. (shrink)

This article examines the social development of Hong Kong's cultural and national identity since its return from the UK to the People's Republic of China nearly six years ago, focusing on the extent to which Hong Kong students are now inculcated in traditional Chinese music and express their devotion to the PRC through singing the national anthem. Hong Kong music teachers experience conflicts concerning their roles as music teachers and as purveyors of values education. These observations raise fundamental questions (...) concerning the sociopolitical function of values education in the music classroom. (shrink)

Society has historically not taken a benign view of genetic disease. The laws permitting sterilization of the mentally re tarded~ and those proscribing consanguineous marriages are but two examples. Indeed as far back as the 5th-10th centuries, B.C.E., consanguineous unions were outlawed (Leviticus XVIII, 6). Case law has traditionally tended toward the conservative. It is reactive rather than directive, exerting its influence only after an individual or group has sustained injury and brought suit. In contrast, state legislatures have not been (...) inhibited in enacting statutes. Many of their products can be characterized as hasty, unnecessary, ill-conceived, and based on the heart rather than the head. Moreover the lack of expert consultation sought has also been remarkable. One state legislature, for example, has advocated immunization for sickle cell anemia! Many others have enacted laws for the screening of inborn errors of metabolism, e.g., phenylketon uria, but have poorly defined the lines of responsibility to secure compliance. A spate of specific disease-related bills has emerged in the u.S. Congress, each seeking recognition and appropriations. Sickle cell anemia, hemophilia, Cooley's anemia and Tay-Sachs disease have been among the front-runners for support. Finally, in 1975, Congress has begun to examine an omnibus bill concerning all forms of genetic disease. The bill, termed the National Genetic Diseases Act is, however, still far from being enacted. (shrink)

In Mengzi 6A4, Gaozi states that “yì 義 (propriety, rightness) is external, not internal.” In 6A5, Meng Jizi says of yì that “...it is on the external, not from the internal.” Their defenses are met with Mengzi’s resistance. What does he perceive and resist in these statements? Focusing on several key passages, I compare six promising interpretations. 6A4 and a relevant part of 2A2 can be rendered comparably sensible under each of the six. However, what Gaozi says in 6A1 clearly (...) is evidence to Mengzi that, of the six views, Gaozi holds three although he does not convey them in his statement. As for Meng Jiz’s defense of his statement, Meng Jizi cites a special occasion where one is required to act one way even though one would feel a different way. Mengzi’s response has been traditionally interpreted as boiling down to a dissenting opinion about empirical psychology, that the agent on that special occasion would in fact feel the same way as they ought to act. But on a more charitable reading, the point Mengzi makes is conceptual: Though the satisfaction of yì may not require that the feeling and the act align perfectly in this case, cases where the alignment obtains are conceptually prior. This not only refutes Meng Jizi’s statement but also enables a more elegant explanation of why the Mengzi rightly has no record of Mengzi affirming that yì is internal. I conclude that 6A5 itself uniquely favors one interpretation, as far as Meng Jizi’s position is concerned: How one feels is irrelevant to whether one satisfies yì. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 13.4 (2003) 393-406 [Access article in PDF] U.S. Defunding of UNFPA:A Moral Analysis Ronald M. Green Ethical decisions made inside the Beltway sometimes have global consequences. Nowhere is this more true than with respect to the decision by Secretary of State Colin Powell on 21 July 2002 to halt $34 million in U.S. funding for the United Nations Population Fund (UNFPA). Behind this decision (...) lay the forces of America's abortion politics as well as tangled issues in law and bioethics.I became involved in this debate when, in early September 2003, I served as a member of a nine-person delegation of U.S. religious leaders and ethicists that traveled to China to meet with those associated with the UNFPA program there. The delegation was assembled by Frances Kissling, of Catholics for a Free Choice, which also provided support and funding for the necessary travel and administrative services. In China, our contacts included UNFPA administrators, Chinese government officials, and ordinary villagers touched by UNFPA efforts. In the middle of its week-long stay, the delegation left Beijing in three separate groups to travel to remote provincial regions (Hubei, Gansu, and Ningxia). Our goal was to respond to the Bush administration's defunding decision by deepening our understanding of the current Chinese population program and UNFPA's relationship to it. In the course of this enquiry, I encountered challenging questions that drew on my own training in ethics in novel ways. Historical Background UNFPA is the world's largest organization providing family planning and reproductive health services. It was established in 1969 as the United Nations Fund for Population Activities. In 1987, the Economic and Social Council decided to rename it the United Nations Population Fund, but to retain the original abbreviation-acronym. UNFPA works to improve access to and the quality of family planning services in more than 140 of the poorest countries in the world. It is also very active in providing services aimed at preventing the spread of HIV/AIDS. It does not provide abortion services, but works to prevent abortion through family planning and to help countries provide services for women suffering from the complications of unsafe abortion. [End Page 393]Although UNFPA is officially an agency of the United Nations, its budget, currently about $200 million per year, comes from voluntary payments by donors, including UN member states. U.S. funding has been irregular. In 1985, the U.S. House of Representatives passed a foreign operations appropriations measure that has come to be known as the "Kemp-Kasten Amendment." This measure, which has been repassed in substantially unchanged form every year since, forbids funding for "any organization or program which, as determined by the President of the United States, supports or participates in the management of a program of coercive abortion or involuntary sterilization."1 From 1986 on, the Reagan and Bush administrations halted all U.S. funding for UNFPA activities around the world on the grounds that the agency's activities in China caused it to be involved in supporting or participating in the management of a program of coercive abortion or involuntary sterilization, and, hence, put it in violation of Kemp-Kasten.Efforts by the People's Republic of China to slow the increase of its population date from the early 1970s when, in a striking departure from classical Marxist theory, which had insisted on the positive value of added labor power and denied the need for demographic controls, the government imposed a policy of delayed marriage and birth spacing. In 1979, these efforts intensified with the advent of the "one child policy." (In fact, this name is misleading since the number of children allowed a couple varies significantly from urban to rural areas, with rural residents and members of ethnic minorities permitted to have larger families.) To implement this program, the government established a National Family Planning Commission (now National Population and Family Planning Commission) which, among other things, set up a network of family planning service centers around the country, where birth control... (shrink)

National identity and attachment to national culture have taken root even in this era of globalization. National sentiments find expression in multiple political spheres and cause troubles of various kinds in many societies, both domestically and across state borders. Some of these problems are rooted in history; others are the result of massive global immigration. As US Secretary of State John Kerry tries to broker a new round of Israel-Palestine peace talks, the Israeli government continues expanding its settlements in disputed (...) territories. As this proposal is being written, Japanese citizens are debating whether their politicians should visit the Yasukuni Shrine (靖國神社), where the spirits of fourteen Class A war criminals from WWII and more than one thousand others convicted of war crimes by the International Military Tribunal for the Far East are honored with a distinguished resting place. As the Chinese government’s plan to bring economic prosperity to the Xinjian province unfolds, ethnic conflicts between Han Chinese and local Uyghur Muslims intensify. Tibetans still demonstrate to the Chinese government, some through the dramatic sacrifice of self-immolation, their determination to pursue a Tibet that is truly free and autonomous. The recent inflow of Muslim immigrants across Europa and North America forces those liberal democratic societies to rethink the meaning of multiculturalism. Should the state respect Muslim women’s freedom to wear burkas in public? What about other aspects of certain Muslim traditions such as arranged marriages or the honor killing of teenage girls who see boys their parents do not approve? Since these immigrants voluntarily moved from their homeland to a new society, do they have a duty to give up such practices, which conflict with their new societies’ fundamental commitment to individual autonomy? Eric Hobsbawm suggests that nationalism is a contingent phenomenon in history—it arises with important historical events such as industrialization and print journalism; eventually, it will disappear. Anthony Smith, on the other hand, argues that nationalism is deeply rooted in the human need for collective faith and dignity. How should we understand today’s nationalism? Is it a transient phenomenon that eventually will be eradicated from the world, or is it a timeless issue that confronts and will remain a challenge for every society? Is the conventional distinction between civic and cultural nationalism still relevant or helpful? The problems and ongoing challenges of nationalism are very much alive throughout East Asia where the myth of ethnically and culturally homogeneous nations is still paramount. In addition to the examples provided above, East Asian societies are increasingly multicultural, inevitably forcing their governments to come up with new immigration and border-control policies, revisit their laws regarding labor policies, sociopolitical discrimination, socioeconomic welfare, and, more fundamentally, rethink the constitutional make-up of the citizenry and the ideal of social harmony, one of their most cherished political values. Nevertheless, contemporary theoretical analyses, whether philosophical or empirical, of the phenomena surrounding nationalism, in all its forms, are almost exclusively focused on cases in western cultures and societies, preventing the East Asian people from developing a coherent idea of who they are or should be in a way that can track their deeply-held values and norms (such as Confucianism). One of the primary aims of this conference therefore is to address this ongoing neglect and explore new concepts and theories that are socially relevant in East Asia. Not only will this provide access to the particular experiences of nation, citizenship, and nationalism throughout East Asia but it will bring to bear philosophical concepts, approaches, and styles of reasoning about them that currently are not part of this critical debate. Providing an opportunity to hear these distinct and different East Asian voices and opening up these conceptual and methodological resources to scholars around the world will greatly advance the understanding and appreciation of nationalism. In addition to this primary aim, the proposed conference will achieve two other, novel, and important goals. First, by design, it will bring to bear a multi and interdisciplinary approach to the problems of nationalism. We are not privileging either conceptual or empirical studies in the organization of our conference and will bring together philosophers, political scientists, sociologists, and historians, making every effort to invite scholars who explicitly employ or are interested in exploring different and at times hybrid approaches. Second, we will draw together scholars from around the world: China, South Korea, Japan, Taiwan, North America, and Europe, including leading figures in the field, who will serve as keynote speakers for the conference. Combining these two additional goals will enable us to organize a uniquely diverse conference, both in terms of intellectual discipline and national origin. Along with our primary aim of introducing East Asian voices and theories, this will make our event original, distinctive, and unprecedented in value. Our age is one in which it is unavoidable for people of different cultural backgrounds to live together in many different places. For the sake of justice and stability, a comprehensive re-examination of nationalism is both urgent and necessary. (shrink)

Zaolian refers to courtship or dating among young people in elementary and secondary school systems. In today’s China, it is regarded as a serious social problem related to minors/adolescents. To safeguard their moral, hygiene and promising future, it is believed that zaolian should be prevented and controlled by school regulations, family pressures, and even state laws. This paper attempts to provide a historical explanation to origins of this specific juvenile delinquency in China’s long twentieth century. Firstly, it offers a critical (...) discussion on current scholarships, which dismiss zaolian either as a Freudian sexual repression by the Chinese Communist regime since 1949 or as a product of this regime’s social control efforts in the early 1980s. Unconvinced by these explanations, it then presents a new approach to examine “moral, ideological and structural” origins of zaolian. The moral and ideological origins include traditional Confucian patriarchy and its sexual norms, a new regime of western medical sciences, and the sexual repressive regime of the Chinese Communist Party, and all of them could be traced at least in the early 20th century. Lastly, it turns to the more crucial structural origins, or the three institutional-buildings responding to globally circulating discourses since the early 20th century: modern marriage against zaohun, family planning policy against zaoyu and modern educational system. Zaolian as a social problem was fledged in the 1980s when the three institutions had been well-established in China. (shrink)

The account of marriage Kant presents in the Rechtslehre strikes most readers as cold, legalistic and obsessed with sex. It seems to ignore at least nearly all of the morally valuable aspects of marriage. Consequently, most have felt that this is a feature of Kant 's theory best ignored. Against this view, this article argues that Kant 's focus is appropriate, that his understanding of marriage is much more romantic than is commonly thought and that it presents (...) a thought-provoking alternative to the picture of marriage found in the modern law. (shrink)

The question of what makes a ‘law’ distinct from other kinds of rules and social norms – often called the project of ‘conceptual jurisprudence’ – gives rise to a classic debate in modern legal theory. The debate has historically centred on the competing Western views of (i) natural law theory and (ii) legal positivism. Meanwhile, the ancient Chinese school of thought known as ‘Legalism’ (法家) has remained an under-explored branch of Eastern philosophy, despite its many insights into the nature (...) of government and legal systems. This paper argues that Legalism, when interpreted as a system of conceptual jurisprudence, offers a genuine alternative to both of the dominant Western theories. It achieves this by invoking normative reasoning to conceptually distinguish ‘laws’ from other sorts of rules at the most fundamental level of analysis, but also by doing so without any necessary reference to notions of morality. This unique characteristic of Legalism is introduced in this paper as ‘form prudentialism’. (shrink)

Argues that natural law theory provides no credible basis for objecting to the legal recognition of same-sex marriage and offers a two-fold defense of marriage equality: natural-law arguments against marriage equality are unsuccessful; and, even if they are; proponents of new classical natural law theory should still see legally recognizing same-sex marriages as reasonable.