The Category of “Woman/Women” in Discrimination Based on Sex

1999 ◽  
Vol 14 (2) ◽  
pp. 203-243
Author(s):  
Michelle Boivin
Keyword(s):  
Feminist Theory ◽  
Binary Opposition ◽  
Canadian Charter ◽  
The Family ◽  
Crucial Problem ◽  
Per Se ◽  
The Law ◽  
The Relationship

AbstractThis paper deals with a crucial problem in feminist theory and in law, namely the issue of the “Woman/Women” category. Does the presence of a single man invalidate the label and remove the issues from the field of equality between the sexes? Moreover, in order to avail oneself successfully of the non-discrimination provision of the Canadian Charter of Rights and Freedoms, does one necessarily have to prove prejudice towards all women, or seek a remedy likely to improve the situation of all women? Is the category “Woman” necessarily universal and all-embracing? To answer these questions, the author deals with the relationship between women and men and concludes that this relationship is not one of absolute binary opposition, but rather of secular domination. The author then analyzes the category of Women in relation to society as a whole where women are often subsumed into minorities, absorbed into the family or collapsed into “Universal” Woman. Fully recognizing the arbitrary and artificial character as well as the deceptive and reductionist aspects of categories per se, the author observes nonetheless that the law obliges us to keep the category of “Woman” for as long as women will not have collectively attained an economic, legal, political, symbolic, etc. status equal to that of men collectively.

scholarly journals Perkawinan Beda Agama Dalam Undang-Undang Nomor 23 Tahun 2006 Tentang Administrasi Kependudukan (Tinjauan Hukum Islam)

2020 ◽  
Vol 20 (2) ◽  
pp. 138
Author(s):  
Fakhrurrazi M.Yunus ◽  
Zahratul Aini
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
The Family ◽  
The Law ◽  
Negative Impacts ◽  
The Right ◽  
The Impact ◽  
The Relationship

Abstrak: Dalam Undang-Undang Nomor 23 Tahun 2006 tentang Administrasi Kependudukan adanya Pasal yang mengatur tentang perkawinan beda agama, dalam Pasal 35 huruf (a) yang menyatakan bahwa perkawinan yang ditetapkan oleh pengadilan. Namun dalam Undang-Undang tersebut tidak diatur secara jelas, sehingga memberi peluang timbulnya dampak negatif. Namun yang diakui di Indonesia jika pasangan suami istri yang berbeda agama harus memeluk agama yang sama di salah satu pasangan dengan maksud mereka harus pindah agama baik memeluk agama istri maupun suami. Dengan adanya berbagai kemudharatan yang timbul, maka hal itu tidak sesuai dengan hukum Islam. Oleh karena itu, penulis ingin mengetahui dampak perkawinan beda agama yang diatur dalam Undang-Undang Nomor 23 Tahun 2006 tentang administrasi  kependudukan dan tinjuan hukum Islam terhadap perkawinan beda agama dalam Undang-Undang Nomor 23 tahun 2006. Dalam penelitian ini, metode penelitian yang digunakan adalah Kualitatif. Berdasarkan dari hasil penelitian, dampak dari perkawinan beda agama yaitu dampak terhadap rumah tangga yang tidak harmonis menimbulkan kegelisahan, dan sulitnya berkomunikasi. Dampak terhadap anak yang membuat hubungan antara keluarga yaitu anak dan orang tua menjadi kacau dan tidak utuh karena mengetahui kedua orang tuanya berbeda keyakinan. Dampak terhadap harta warisan yang mengakibatkan anak yang lahir dari perkawinan beda agama tidak mempunyai hak untuk mendapatkan harta warisan apabila tidak seagama dengan pewaris yang dalam hal ini pewaris beragama Islam. Adapun tinjauan hukum Islam menyatakan bahwa perkawinan beda agama itu tidak sah, karena menurut fatwa MUI Nomor:4/MUNASVII/MUI/8/2005 menetapkan bahwa nikah beda agama hukumnya haram yang diperkuat dengan firmannya dalam surat al-mumtahanah ayat 10 dan al-baqarah ayat 221.Abstract: in Law No. 23 of 2006 on the administration of the population of the article governing the marriage of different religions, in article 35 letter (a) stating that the marriage is established by the court. But the law is not regulated, so it allows causing negative impacts. But it is recognized in Indonesia if different couples of religion must embrace the same religion in one partner with the intention they have to move religion both embrace the religion of the wife and husband. With the various blessings that arise, it is not under Islamic law. Therefore, the author wants to know the impact of the marriage of different religions organized in law Number 23 the year 2006 about the administration of population and the Islamic law to the marriage of different religions in the law Number 23 the year 2006. In this study, the research method used was qualitative. Based on the results of the study, the impact of the marriage of different religions is the impact on the unharmonious households raises anxiety, and difficulty communicating. The impact on the child who makes the relationship between the family is the child and the parent becomes chaotic and not intact because knowing both parents are different beliefs. The impact on the inheritance that resulted in children born from the marriage of different religions does not have the right to obtain inheritance if not as religious as the heir, in this case, Muslim heirs. The review of Islamic law states that the marriage of different religions is not valid, because according to fatwa MUI number: 4/MUNASVII/MUI/8/2005 stipulates that the marriage of different religious religion is haram strengthened by his word in Sura al-Mumtahanah verse 10 and al-Baqarah verses 221.

10. Interests in the family home

2018 ◽  
Author(s):  
Robert Pearce ◽  
Warren Barr
Keyword(s):  
Married Couples ◽  
Current State ◽  
The Family ◽  
Family Home ◽  
The Law ◽  
The Relationship

This chapter starts by outlining some of the changes in society that have driven the development of the law on disputes regarding the family home. When a family is living happily together, there are unlikely to be disputes about the ownership of the family home. However, where the relationship fails, or one of the parties dies, the division of assets-including the family home-can be a deeply divisive issue. Where a couple are married, their dispute can often be resolved through the divorce legislation. Even then, the chapter shows how equity may have a part to play. It also looks at the current state of the law. Most of the cases taken up in this chapter involve cohabiting (rather than married) couples and the family home.

scholarly journals DINAMIKA PEMBAHARUAN HUKUM KELUARGA ISLAM DI INDONESIA

2014 ◽  
Vol 6 (2) ◽  
Author(s):  
Eko Setiawan
Keyword(s):  
Family Relationships ◽  
Family Law ◽  
Family Ties ◽  
The Family ◽  
Islamic Family Law ◽  
The Law ◽  
The Relationship ◽  
Unwritten Law

This article will elaborate the thought of renewing of Islamic family law in Indonesia. Family law generally is the law based on family ties. This family ties can occur because of consanguinity, or occur because of a marriage. The family relationships are very important because there is nothing to do with the relationship to the children and the parents, the law of inheritance, custody and guardianship. Basically source of family law can be divided into two kinds, namely the source of written and unwritten laws. Written source of family law is a source of law derived from a variety of legislation, jurisprudence, and treaties. While the source of the unwritten law is a source of law that grows and develops in society lifes.

How the Law “Keeps the Money in the Family”: Lessons at the Intersection of Elder Care and Inheritance Disputes in Israel

2019 ◽  
Vol 45 (1) ◽  
pp. 81-110
Author(s):  
Shiri Regev-Messalem
Keyword(s):  
Elder Care ◽  
Family Responsibility ◽  
Inheritance Law ◽  
Unconditional Love ◽  
The Family ◽  
Class Reproduction ◽  
Cultural Schema ◽  
The Law ◽  
The Relationship

This Article offers a qualitative examination of the ways in which Israeli legal actors reflect and construct cultural understandings of the relationship between inheritance and elder care in cases in which the deceased has bequeathed property to a caregiver. This Article demonstrates that Israeli courts and lawyers reinforce and promote a cultural schema of family as a pristine domain of unconditional love, albeit one that has been emptied of the daily responsibilities of fulfilling the basic physical needs of elderly kin. Such a cultural schema diminishes the traditional parameters of family responsibility in order to adapt to present circumstances of elder care, while continuing to privilege the custom of keeping money in the family. Hence, this article reveals how inheritance law supports and enhances class reproduction through the institution of the family.

scholarly journals Directions for the Study of Masculinity: Beyond Toxicity, Experience, and Alienation

2020 ◽  
Vol 9 (1) ◽  
pp. 81-113
Author(s):  
Dylan A. Yaeger
Keyword(s):  
Critical Race Theory ◽  
Feminist Theory ◽  
Queer Theory ◽  
Sexual Difference ◽  
Legal Theory ◽  
Masculinity Studies ◽  
Feminist Legal Theory ◽  
The Law ◽  
Internal Coherence ◽  
The Relationship

AbstractThe relationship between the law and masculinity has not been as thoroughly examined as the relationship between the law and feminism or, more generally, between the law and gender. Yet, the reach of masculinity stretches deep into the very fiber of the law. Masculinity has for too long served as an invisible bedrock on which the law founded both its substance and method. The struggle for formal equality during the last half century sought the elimination of the masculinist bias, but has only exposed the extent of the entrenchment. The popular idea is that the law exists in a removed and exalted position where it sits in judgement of a pre-existing and fully formed masculinity. Indeed, much of the internal coherence of the law is premised on the integrity of the subject and the propagation of sexual difference. Thus, the law is precluded from acknowledging or engaging with its own productive power and vacuously characterizes itself as a neutral arbiter. Today, while significant changes occur in sex and sexuality, the study of masculinity appears theoretically stagnant.Part I of this paper distinguishes between masculinity studies and the men's movement and explains the relationship of each to feminist theory. Part II looks at how the power of the law works and how masculinity studies is an effective tool to help understand how that power manifests and is employed. Part III examines the relationship between feminist legal theory and masculinity studies with a particular focus on two areas where I view masculinity studies as having successfully employed insights from feminist theory. Finally, Part IV considers four areas where I suggest masculinity studies could better incorporate certain insights from feminist theory, which would result in a more rigorous understanding of the relationship among power, masculinity, and law, and point masculinity studies in a more nuanced direction. To advance this critique, the paper analyzes underlying arguments that support the power of law based in classic liberal political theory. It employs recurrent critiques of the law, and of liberalism more generally, found in Feminist Legal Theory, Critical Race Theory, Queer Theory, and Critical Legal Studies to reveal the law as always already intertwined with masculinity.

scholarly journals Poređenje pravnog položaja žena u braku i nasleđivanju u Srpskom građanskom zakoniku iz 1844. i Građanskom zakoniku Kraljevine Italije iz 1865.

2021 ◽  
Vol 1 (2/2020) ◽  
pp. 113-140
Author(s):  
Andrej Confalonieri
Keyword(s):  
Comparative Analysis ◽  
Historical Aspect ◽  
Men And Women ◽  
Turkish Government ◽  
The Family ◽  
Legal Position ◽  
The Law ◽  
Civil Codes ◽  
The Right ◽  
The Relationship

This paper deals with a comparative analysis of the legal position of women in the Serbian (1844, hereinafter SCC) and Italian (1865, hereinafter ICC) Civil Codes, considering the norms that regulate the position of women in marriage and those regarding inheritance. Confronting these two codes is relevant for various reasons. Firstly, it has not been done before in Serbian jurisprudence. Secondly, although based on different models (the Italian on the French Code, the Serbian on the Austrian Code, hereinafter ACC), each of them differs in some aspects from their model in the law of marriage and inheritance. Thirdly, it’s important from a historical aspect, because the Italian Kingdom had just been formed and the Serbians had relieved themselves of the centuries-long Turkish government, so there’s a similarity in the process of writing the codes. Although the writing styles of the codes are unalike, there are certain similarities in the provisions on marriage, the relationship between spouses, the relationship between spouses and children, and in terms of testamentary succession. For example, both codes give more rights to the husband (being the „head of the family”), and while the wife can write a will, she is not allowed to be a legal witness to another person’s will. There are several differences between the two codes, but most of them are negligible. For instance, both codes prescribe a parent’s permission for marriage, while the marriageable age that doesn’t require consent differs (i the ICC 25 years old for men and 21 for women, whereas in Serbia it’s 18 years old for both men and women). However, a few differences are relevant. The biggest one is the way in which intestate succession is regulated: the right to inherit is recognized to legitimate children regardless of gender in the Italian code, while in the Serbian code women are excluded from inheritance, which is one of the major differences between the SCC and ACC. In fact, when writing the code, Hadžić didn’t want this provision incorporated in the law, but it was added nevertheless. The second biggest difference between the ICC and the SCC consists in the fact that adultery is considered a reason for legal separation (and not divorce, because divorce was not allowed) in the ICC only if it is committed by the wife, while in the Serbian one the sex of the adulterer is not specified and can lead to divorce even if it’s done by the husband. Finally, the Serbian legislator also regulates the position of women in the „zadruga” (a type of joint family), in which women cannot be members, nor can they inherit, while that institute is not prescribed in the Italian one.

Intergenerational Family Relations in Luxembourg

2013 ◽  
Vol 18 (1) ◽  
pp. 59-69 ◽  
Author(s):  
Isabelle Albert ◽  
Dieter Ferring ◽  
Tom Michels
Keyword(s):  
Family Relations ◽  
Family Values ◽  
Generation Gap ◽  
Intergenerational Solidarity ◽  
Acculturation Gap ◽  
Family Obligations ◽  
Mothers And Daughters ◽  
The Family ◽  
The Relationship ◽  
Model Family

According to the intergenerational solidarity model, family members who share similar values about family obligations should have a closer relationship and support each other more than families with a lower value consensus. The present study first describes similarities and differences between two family generations (mothers and daughters) with respect to their adherence to family values and, second, examines patterns of relations between intergenerational consensus on family values, affectual solidarity, and functional solidarity in a sample of 51 mother-daughter dyads comprising N = 102 participants from Luxembourgish and Portuguese immigrant families living in the Grand Duchy of Luxembourg. Results showed a small generation gap in values of hierarchical gender roles, but an acculturation gap was found in Portuguese mother-daughter dyads regarding obligations toward the family. A higher mother-daughter value consensus was related to higher affectual solidarity of daughters toward their mothers but not vice versa. Whereas affection and value consensus both predicted support provided by daughters to their mothers, affection mediated the relationship between consensual solidarity and received maternal support. With regard to mothers, only affection predicted provided support for daughters, whereas mothers’ perception of received support from their daughters was predicted by value consensus and, in the case of Luxembourgish mothers, by affection toward daughters.

A Comparative Overview of the Fair Wear and Tear Exception: the Duty of Holders of Temporary Interests to Preserve Property

2002 ◽  
Vol 6 (1) ◽  
pp. 85-100
Author(s):  
Raffaele Caterina
Keyword(s):  
Common Core ◽  
Complete Solution ◽  
Roman Law ◽  
Private Ownership ◽  
Legal Systems ◽  
Personal Rights ◽  
Wear And Tear ◽  
Long Life ◽  
The Law ◽  
The Relationship

“A system of private ownership must provide for something more sophisticated than absolute ownership of the property by one person. A property owner needs to be able to do more than own it during his lifetime and pass it on to someone else on his death.”1 Those who own things with a long life quite naturally feel the urge to deal in segments of time. Most of the owner's ambitions in respect of time can be met by the law of contract. But contract does not offer a complete solution, since contracts create only personal rights. Certain of the owner's legitimate wishes can be achieved only if the law allows them to be given effect in rem—that is, as proprietary rights. Legal systems have responded differently to the need for proprietary rights limited in time. Roman law created usufruct and other iura in re aliena; English law created different legal estates. Every system has faced similar problems. One issue has been the extent to which the holder of a limited interest should be restricted in his or her use and enjoyment in order to protect the holders of other interests in the same thing. A common core of principles regulates the relationship between those who hold temporary interests and the reversioners. For instance, every system forbids holder of the possessory interest to damage the thing arbitrarily. But other rules are more controversial. This study focuses upon the rules which do not forbid, but compel, certain courses of action.

Buried Narratives: Exhuming the Mother's Story in Oliver Twist

2018 ◽  
Vol 8 (3) ◽  
pp. 247-266
Author(s):  
Michelle L. Wilson
Keyword(s):  
Social Change ◽  
Maternal Inheritance ◽  
The Novel ◽  
Poor Law ◽  
The Family ◽  
The Law ◽  
First Time ◽  
Critical Consideration

Initially, Oliver Twist (1839) might seem representative of the archetypal male social plot, following an orphan and finding him a place by discovering the father and settling the boy within his inheritance. But Agnes Fleming haunts this narrative, undoing its neat, linear transmission. This reconsideration of maternal inheritance and plot in the novel occurs against the backdrop of legal and social change. I extend the critical consideration of the novel's relationship to the New Poor Law by thinking about its reflection on the bastardy clauses. And here, of course, is where the mother enters. Under the bastardy clauses, the responsibility for economic maintenance of bastard children was, for the first time, legally assigned to the mother, relieving the father of any and all obligation. Oliver Twist manages to critique the bastardy clauses for their release of the father, while simultaneously embracing the placement of the mother at the head of the family line. Both Oliver and the novel thus suggest that it is the mother's story that matters, her name through which we find our own. And by containing both plots – that of the father and the mother – Oliver Twist reveals the violence implicit in traditional modes of inheritance in the novel and under the law.

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