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Adopting in the Shadows: False Registration as a Method of Adoption in Postcolonial South Korea 阴影中的收养:后殖民时期韩国的收养方式——虚假登记
IF 0.3 4区 社会学 0 ASIAN STUDIES Pub Date : 2021-07-19 DOI: 10.1215/10679847-8978321
S. Lim
Abstract:This article examines false registration as a method of domestic adoption in South Korea. The article argues that the practice of falsely registering adoptees as natural births in the family registry emerged in response to the highly restrictive adoption laws in South Korea. As adopting agnatic kin for the purpose of family succession was deemed the only legitimate form of adoption, significant hurdles existed for other kinds of adoption in Korea. This article examines the history of domestic adoption in Korea and highlights the legal hurdles to domestic adoption. These restrictive adoption customs first originated during the Chosŏn dynasty (1392–1910) as a prescription for yangban elite; they were then codified as customary law for all Koreans under Japanese colonial rule (1910–45). The ban on non-agnatic adoption continued in the postcolonial period when it was codified in the new Civil Code of 1960. Multiple legal reforms were attempted since the 1970s to promote domestic adoptions, but change was slow. This article argues that the highly restrictive nature of adoption laws in South Korea produced an adoption regime that existed largely outside of the legal realm.
摘要:本文考察了韩国国内收养的一种虚假登记方式。文章认为,在家庭登记簿中将被收养者虚假登记为自然出生的做法是对韩国高度限制的收养法的回应。由于以家庭继承为目的收养亲属被认为是唯一合法的收养形式,因此在韩国,其他形式的收养存在重大障碍。本文考察了韩国国内收养的历史,并强调了国内收养的法律障碍。这些限制性的收养习俗最初起源于Chosŏn王朝(1392-1910),是对阳板精英的一种规定;在日本帝国主义强占时期(1910 ~ 1945年),被编成了适用于所有朝鲜人的习惯法。在1960年的新《民法典》中,对非亲权收养的禁令在后殖民时期继续存在。自20世纪70年代以来,多次法律改革试图促进国内收养,但变化缓慢。本文认为,韩国收养法的高度限制性产生了一种主要存在于法律领域之外的收养制度。
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引用次数: 0
Lesbian and Gay Parents, Heterosexual Kinship, and Queer Dreams: Making Families in Twenty-First Century Taiwan 同性恋父母、异性恋亲属关系与酷儿梦:二十一世纪台湾的家庭建构
IF 0.3 4区 社会学 0 ASIAN STUDIES Pub Date : 2021-07-19 DOI: 10.1215/10679847-8978386
Amy Brainer
Abstract:This article analyzes ways that legal and social understandings of kinship intersect for Taiwanese queer parents and prospective parents. Parents in this research experience varying degrees of legal and cultural intelligibility within the existing household registration system and the familial contexts in which they reside and carry out their daily lives. Many are rearing children in multigenerational, extended family households and are juggling a variety of gendered family roles and responsibilities that shape their parenting practices. Their experiences highlight the limits of rights discourses that treat marriage and parenthood as largely class-and gender-neutral institutions and presuppose a nuclear family model. Such uncritical approaches to marriage and parenthood leave the normative power of these systems intact even as they provisionally open to greater numbers of people. The article foregrounds pathways to parenthood and struggles for legal recognition among queers in a variety of family arrangements, including those that do not fit within the conventional representation of a cohabiting and marriage-desiring same-sex couple with children.
摘要:本文分析了台湾酷儿父母和准父母对亲属关系的法律和社会理解是如何交叉的。在本研究中,父母在现有的户籍制度和他们居住和开展日常生活的家庭背景下,经历了不同程度的法律和文化可理解性。许多人在多代同堂的大家庭中抚养孩子,并在各种性别的家庭角色和责任中挣扎,这些角色和责任塑造了他们的育儿方式。他们的经历突出了权利话语的局限性,这些话语将婚姻和养育子女基本上视为阶级和性别中立的制度,并预设了核心家庭模式。这种对婚姻和为人父母不加批判的态度,使这些制度的规范性力量保持不变,即使它们暂时向更多人开放。这篇文章展望了酷儿成为父母的途径,以及在各种家庭安排中争取法律认可的斗争,包括那些不符合传统的同居和渴望结婚的有孩子的同性伴侣。
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引用次数: 1
Productive Encounters: Kinship, Gender, and Family Laws in East Asia 富有成效的相遇:东亚的亲属关系、性别和家庭法
IF 0.3 4区 社会学 0 ASIAN STUDIES Pub Date : 2021-07-19 DOI: 10.1215/10679847-8978295
Seungik kim, Seung-kyung Sara L. Friedman
Recent decades have brought tremendous change to families, and the laws governing families, across East Asia. From new household forms — including divorcees, single parents, adults living alone or with chosen kin, samesex couples, and transnational marriages — to shifting ideologies of how families should be organized and kinship ties recognized, families have been at the center of substantial social and political change across the region. This special issue examines the intersections and tensions between how families are lived on the ground and the family laws and institutional mechanisms that create the scaffolding for recognizable kinship relationships. The articles use the rubric of “productive encounters” to understand these ongoing engagements of law and family as they unfold over a period of colonial and postcolonial reforms and transitions from authoritarian to democratic governance. The authors ask how laws and administrative regulations take shape through
近几十年来,东亚各地的家庭和家庭法律都发生了巨大变化。从新的家庭形式——包括离婚、单亲、独居或与选定亲属生活的成年人、同性伴侣和跨国婚姻——到如何组织家庭和承认亲属关系的意识形态的转变,家庭一直是整个地区重大社会和政治变革的中心。本期特刊探讨了家庭的实际生活方式与家庭法和为可识别的亲属关系建立框架的体制机制之间的交集和紧张关系。这些文章以“富有成效的接触”为标题,理解在殖民时期和后殖民时期的改革以及从专制到民主治理的过渡中,法律和家庭的这些持续接触。法律、行政法规是如何形成的
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引用次数: 0
Children and Law in the Shadows: Legal Ideologies and Personal Strategies in Response to Parental Abductions in Japan 阴影中的儿童与法律:日本应对父母诱拐的法律思想与个人策略
IF 0.3 4区 社会学 0 ASIAN STUDIES Pub Date : 2021-07-19 DOI: 10.1215/10679847-8978334
A. Alexy
Abstract:In contemporary Japan, police and law enforcement are often reluctant to assist in family conflicts. In practice, law enforcement and the family law system offer little assistance for people struggling with family conflicts in particular, following the logic that “law does not belong in families.” This article examines the informal, familial, financial, and social means people use to solve what might be called “family problems” when formal legal assistance is foreclosed. Operating as alternatives to the legal system, these strategies nevertheless are structured directly in response to the formal legal system, what it supports and allows. The article uses theorizations of legal consciousness, law’s “shadows,” and “order without law” to compare strategies and reactions of Japanese citizens and foreigners engaging the legal system in Japan. It argues that the written and unwritten rules surrounding Japanese family law reward those who seek solutions outside of formal channels, thereby co-constructing the legal system as unable to solve family conflicts. Linking individual strategies with outcomes, it concludes that family members who expect less assistance from the formal legal system often end up winning more.
摘要:在当代日本,警察和执法部门往往不愿协助处理家庭冲突。在实践中,执法部门和家事法体系遵循“法律不属于家庭”的逻辑,对那些在家庭冲突中挣扎的人提供的帮助尤其少。这篇文章探讨了当正式的法律援助被取消时,人们用来解决所谓的“家庭问题”的非正式的、家庭的、经济的和社会的手段。然而,作为法律制度的替代方案,这些战略的结构直接响应正式法律制度及其支持和允许的内容。本文运用法律意识理论、法律的“阴影”理论和“无法秩序”理论来比较日本公民和外国人参与日本法律制度的策略和反应。它认为,围绕日本家庭法的成文和不成文规则奖励那些在正式渠道之外寻求解决方案的人,从而共同构建了无法解决家庭冲突的法律体系。将个人策略与结果联系起来,得出的结论是,对正式法律体系援助期望较低的家庭成员往往最终赢得更多。
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引用次数: 0
The Limits of Family: Military Law and Sex Panics in Contemporary South Korea 家庭的界限:当代韩国的军法与性恐慌
IF 0.3 4区 社会学 0 ASIAN STUDIES Pub Date : 2021-07-19 DOI: 10.1215/10679847-8978373
Timothy Gitzen
Abstract:This article explores the limits of family in contemporary South Korea by simultaneously examining the discourses and practices of anti-LGBT protesters and the state alongside an ethnography of queer and HIV/AIDS activism. The author argues that the limits of family in Korea ought to be conceived as a problem with sex incorporating both “substance” and the practice of having sex. He explores these limits of family through a broadening understanding of family law in Korea, focusing on the anti-sodomy clause in the Military Penal Code and mandatory HIV/AIDS testing. The author contends that to broaden the concept of family law to laws such as the anti-sodomy clause and mandatory HIV/AIDS testing demonstrates the intricate and unexplored ways the Korean family is produced through military laws and regulations. This is a recursive process, for the heteronormative expectations of family members are inscribed within military law, rhetorically casting the family as a threatened body that needs protection. However, the normative experience of the family in crisis produces violence against gender and sexual minorities. The author concludes by discussing the dangerous implications of these family laws.
摘要:本文探讨了当代韩国家庭的局限性,同时考察了反lgbt抗议者和国家的话语和实践,以及酷儿和艾滋病毒/艾滋病活动的民族志。作者认为,韩国家庭的限制应该被理解为性问题,包括“物质”和性行为。他通过扩大对韩国家庭法的理解来探索家庭的这些限制,重点关注《军事刑法》中的反鸡奸条款和强制性艾滋病毒/艾滋病检测。作者认为,将家庭法的概念扩大到禁止鸡奸条款和强制性艾滋病毒/艾滋病检测等法律,表明了韩国家庭通过军事法律和法规产生的复杂而未经探索的方式。这是一个递归的过程,因为对家庭成员的异性恋期望被写入了军事法,修辞上把家庭塑造成一个需要保护的受到威胁的身体。然而,家庭在危机中的规范经验产生了针对性别和性少数群体的暴力。作者最后讨论了这些家庭法的危险含义。
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引用次数: 2
Not Entirely Married: Resisting the Hegemonic Patrilineal Family in Japan’s Household Registry 未完全结婚:抵制日本户籍中的父系家庭霸权
IF 0.3 4区 社会学 0 ASIAN STUDIES Pub Date : 2021-07-19 DOI: 10.1215/10679847-8978360
Linda White
Abstract:The koseki 戸籍 (family or household registry) has long served as a material representation of the conceptual structure of Japanese family relations. Membership in a family has been stipulated and proved through registration in a koseki document defined through a shared surname and address. Evidence of family membership for purposes of legal transactions and social interactions has rested in the koseki document. However, during the past several decades some women have questioned the social pressure and legal requirement to change their names in marriage, choosing instead to maintain their surname by refusing to register their marriages to their “husbands.” Claiming themselves “married” but not legally registering their marriages, this growing group of name-change resisters defines their nonregistered marriages as jijitsukon 事実婚 (common-law or real marriage). Drawing on ethnographic research with women in jijitsukon marriages in Tokyo who refuse to share a koseki with their “husbands,” this article explores the implications of marital registration resistance in a marriage-centric society and the concurrent critique of the koseki system (the Koseki Law, koseki document, and the broader system of registration) and the legal marriage structure at the core of women’s claims to be married when they do not meet Japan’s legal criteria for marriage.
摘要:户口簿长期以来一直是日本家庭关系概念结构的物质表征。一个家庭的成员资格是通过登记在由共同姓氏和地址定义的户籍文件中来规定和证明的。以合法交易和社会交往为目的的家庭成员身份的证据存在于koseki文件中。然而,在过去的几十年里,一些女性质疑在婚姻中改变名字的社会压力和法律要求,而是选择通过拒绝向“丈夫”登记结婚来保留自己的姓氏。越来越多的反对改名的人声称自己“已婚”,但没有合法登记结婚,他们将自己未登记的婚姻定义为“普通法婚姻”或“真实婚姻”。本文通过对东京“同居”婚姻中拒绝与“丈夫”共享“小舍”的女性的民族志研究,探讨了在一个以婚姻为中心的社会中,婚姻登记抵抗的含义,以及对“小舍”制度(《小舍法》、“小舍”文件和更广泛的登记制度)的同时批判,以及女性在不符合日本法律婚姻标准的情况下声称结婚的合法婚姻结构的核心。
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引用次数: 1
Parental Rights and the Temporality of Attachment: Law, Kinship, and Child Welfare in Japan 父母权利与依恋的暂时性:日本的法律、亲属关系与儿童福利
IF 0.3 4区 社会学 0 ASIAN STUDIES Pub Date : 2021-07-19 DOI: 10.1215/10679847-8978308
Kathryn E. Goldfarb
Abstract:This article explores the legal norms and regulatory mechanisms in Japan that structure child welfare placement decisions, focusing specifically on the legal category of “parental rights.” It is suggested that the ways child welfare officers and caregivers understand the concept of “rights” — both those of the biological parent(s) and the child — construe kinship relationships as problems to be managed, but with a particular orientation toward what is called in the article the temporality of attachment. Child welfare caseworkers’ understandings of legal categories, processes, and forms of documentation (such as the Japanese family registry) produce particular forms of kinship that prioritize a child’s possible future relationship with an absent parent, above and beyond the day-to- day relationships children might develop with alternative caregivers such as foster parents. Despite the fact that the author’s Japanese interlocutors often described kinship as an immutable relationship of blood ties, the author shows how kinship is in fact produced through specific encounters between (mostly absent) parents and their children, child welfare caseworkers, and foster and institutional caregivers, scaffolded by their engagement with legal and bureaucratic regimes. The article explores what parenthood means within Japanese child welfare, both as a temporalized form of relationality and as a set of legally structured claims to the right to care.
摘要:本文探讨了日本构成儿童福利安置决策的法律规范和监管机制,重点关注“父母权利”的法律范畴。有人认为,儿童福利官员和照料者理解“权利”概念的方式——包括亲生父母和孩子的权利——将亲属关系解释为需要管理的问题,但特别倾向于文章中所谓的依恋的暂时性。儿童福利个案工作者对法律类别、程序和文件形式(如日本家庭登记)的理解产生了特殊形式的亲属关系,优先考虑儿童与不在父母的可能的未来关系,超越儿童可能与其他照顾者(如养父母)发展的日常关系。尽管作者的日本对话者经常将亲属关系描述为一种不可改变的血缘关系,但作者展示了亲属关系实际上是如何通过(主要是缺席的)父母与子女、儿童福利个案工作者、寄养和机构看护人之间的特定接触而产生的,这些接触是由他们与法律和官僚制度的接触构成的。这篇文章探讨了在日本儿童福利中,父母身份意味着什么,既是一种暂时的关系形式,也是一套对照顾权的法律结构要求。
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引用次数: 0
Will Marriage Rights Bring Family Equality? Law, Lesbian Co-Mothers, and Strategies of Recognition in Taiwan 婚姻权利会带来家庭平等吗?法律、女同志同母与台湾的认同策略
IF 0.3 4区 社会学 0 ASIAN STUDIES Pub Date : 2021-07-19 DOI: 10.1215/10679847-8978347
S. Friedman, Yi-Chien Chen
Abstract:This article analyzes the tension between marriage and family rights in the context of Taiwan’s marriage equality movement and the then-pending legalization of same-sex marriage following a 2017 Constitutional Court ruling. It focuses on the efforts of lesbian co-mothers to secure vital legal guarantees for the families they create through intentional childbearing. As pioneers who have formed families in a legal vacuum, these parents harbor deep hopes for what law will offer but simultaneously doubt that legal reforms will guarantee the rights and recognition they desire. For lesbian co-mothers, law and family are mutually constitutive practices oriented toward both the present and the future. Co-mothers make decisions about childbearing and family formation that take into account existing legal frameworks for family recognition, but their strategies for recognition also orient them toward future potentialities, posing the challenge of how to make decisions in the present without knowing for certain what might be legally possible in the future. The article concludes that lesbian co-mothers’ family strategies are productive as much as they are reactive; they not only diversify the norm but also potentially shift the very ground on which normativity is created.
摘要:本文分析了在台湾婚姻平权运动的背景下,婚姻与家庭权利之间的紧张关系,以及2017年宪法法院裁决后同性婚姻合法化的背景。它关注的是女同性恋共同母亲的努力,为她们通过故意生育创建的家庭获得重要的法律保障。作为在法律真空中组建家庭的先驱者,这些父母对法律将提供的东西怀有深深的希望,但同时怀疑法律改革能否保证他们所渴望的权利和认可。对于女同性恋母亲来说,法律和家庭是面向现在和未来的相互构成的实践。共同母亲在作出有关生育和家庭组成的决定时,会考虑到现有的家庭承认法律框架,但她们的承认战略也会使她们考虑到未来的潜力,这就提出了一个挑战,即如何在不确定未来在法律上可能发生什么的情况下做出目前的决定。这篇文章的结论是,女同性恋同为母亲的家庭策略是富有成效的,也是被动的;它们不仅使规范多样化,而且潜在地改变了创造规范的基础。
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引用次数: 3
Sounding the Ineffable: Third-Century Chinese Whistling as an Alternative Voice 不可言喻的声音:三世纪中国的口哨作为另一种声音
IF 0.3 4区 社会学 0 ASIAN STUDIES Pub Date : 2021-04-28 DOI: 10.1215/10679847-8852176
Y. Zheng
Abstract:This article examines the role of whistling as an elusive voice in the literary world from around the third century onward. It argues that as an alternative to normalized forms of vocal, musical, and poetic expression, whistling destabilized, blurred, and reconfigured notions of voice, language, writing, and music within the larger context of Six Dynasties thought and aesthetics. Despite the wide range of vocalizations (e.g., wailing, the tiger's roar) associated with whistling in premodern China, the whistling examined in this article refers to a particular vocal art commonly practiced by the literati. It reached its height around the third century, signaled by a rise in literary texts that illustrate its musical features, elaborate its mechanism, and tell stories about whistlers. An analysis of two main texts on whistling, Rhapsody on Whistling (third century) and Principles of Whistling (circa eighth century), uncovers the act of whistling as a gap: it is not yet a voice, not quite a kind of music, and it is beyond the realm of language. The whistler does not produce the whistling; it is his breath—passing through a bodily gap—that activates his body as a musical instrument, making the whistled sound an echo even before it sounds.
摘要:本文考察了自公元三世纪以来,口哨作为一种难以捉摸的声音在文学世界中的作用。它认为,作为一种标准化的声乐、音乐和诗歌表达形式的替代品,口哨在六朝思想和美学的大背景下破坏了声音、语言、文字和音乐的稳定、模糊和重新配置的概念。尽管在前现代的中国,口哨的发声范围很广(如哀号、虎啸),但本文所研究的口哨是指文人常用的一种特殊的发声艺术。它在三世纪左右达到了顶峰,标志着文学作品的兴起,这些文学作品阐述了它的音乐特征,详细阐述了它的机制,并讲述了关于吹口哨的故事。通过对两篇关于口哨的主要文本——《吹口哨狂想曲》(公元三世纪)和《吹口哨原理》(大约公元八世纪)——的分析,我们发现了口哨作为一种空白的行为:它还不是一种声音,也不是一种音乐,而且它超出了语言的范畴。吹口哨的人不发出口哨;正是他的呼吸——通过身体的缝隙——激活了他的身体,使他的身体像乐器一样,在口哨发出之前就产生了回声。
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引用次数: 1
Critique of Archived Life: Toward a Hesitation of Sikh Immigrant Accumulation 档案生活批判:对锡克教移民积累的犹豫
IF 0.3 4区 社会学 0 ASIAN STUDIES Pub Date : 2021-04-28 DOI: 10.1215/10679847-8852098
Rajbir Singh Judge, J. Brar
Abstract:In 2016, the Pioneering Punjabi Digital Archive (PPDA) went online. Attempting to reveal how the Punjabi community struggled and then thrived in California, the PPDA accumulates narratives of Punjabi American life. Against such models of archival intimacy and recovery, which look to cultivate limitless public access to a knowable and transparent subject while reducing structural precarity to the failure of an exceptional Punjabi, this article hesitates in a vexed archival space without guarantees. Within this hesitation, it explores the traces of untimely lives displaced in creating archival legibility—traces that reveal a different form of being that challenge the additive logic of the PPDA. This hesitation is cultivated through a comparative approach that couples archival and ethnographic research based on articles about Punjabi American life in both the archive and public sphere alongside ethnographic work conducted with Sikh immigrants who work in canneries and the fields. The aim is to pause in the present impasse to consider the nonbecoming of unknown forms—an ethnographic "reaching and ungrasping" in which the future is not fixed as a requirement for thinking, refusing the accumulating demands of narrative sequence that archiving presents.
摘要:2016年,先锋旁遮普数字档案馆(PPDA)上线。试图揭示旁遮普社区如何在加利福尼亚挣扎,然后繁荣起来,PPDA收集了旁遮普美国人生活的叙述。这种档案亲密和恢复的模式,寻求培养公众对一个可知和透明的主题的无限访问,同时减少结构上的不稳定性,使旁遮普成为一个特殊的失败,本文在一个没有保证的令人烦恼的档案空间中犹豫不决。在这种犹豫中,它探索了不合时宜的生活的痕迹,这些痕迹在创造档案的易读性中被取代——这些痕迹揭示了一种不同的存在形式,挑战了PPDA的附加逻辑。这种犹豫是通过一种比较方法培养出来的,这种比较方法将档案和民族志研究结合起来,这些研究基于档案和公共领域中关于旁遮普美国人生活的文章,以及在罐头厂和田地里工作的锡克教移民进行的民族志研究。其目的是在目前的僵局中停下来,考虑未知形式的不成为——一种民族志的“到达和理解”,在这种情况下,未来不是固定的,而是一种思考的要求,拒绝了归档所呈现的叙事顺序的累积要求。
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引用次数: 1
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Positions-Asia Critique
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