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題 名 | 「舊瓶新酒」的宣稱﹖--一個有關貞操(權)的在地法律故事=Under the Declaration of Equality--A Local Legal Story about the Journey of Seeking the "Right to Virtue" |
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作 者 | 陳韻如; | 書刊名 | 思與言 |
卷 期 | 40:3 2002.09[民91.09] |
頁 次 | 頁223-266 |
專 輯 | 法哲學與臺灣法律文化專輯 |
分類號 | 585.4 |
關鍵詞 | 貞操(權); 性別平等; 性自主; 近代西方法; 在地法律人員; 法律論述; 法釋義學; 尋找權利之旅; 法律爭點; Right to virtue; Gender equality; Sex autonomy; Modern western law; Local legal profession; Legal discourse; Legal interpretation; The journey of seeking right; Legal issue; |
語 文 | 中文(Chinese) |
英文摘要 | Using the legal discourse on "violation on virtue" in Taiwan after WW2 as texts, this article tries to sketch a "picture of virtue" under the modem legal system in Taiwan and analyze the attitude of the local legal profession towards the legal principle "gender equality" brought by the western civil code. The Civil Code in Taiwan is constructed with the concept of "right". Therefore the legal profession must put the legal discourse into the western style, and thus they set off on a journey to search the "right". Virtue was sometimes pictured as some unique personality or property. Sometimes it was incorporated into the 'right to reputation" concerning with sex. Sometimes it was perceived as the vague concept- "freedom" No matter how "virtue" is perceived, we should notice that virtue only belongs to women and though they have tried to search a right, it is always taken as an "obligation". The legal practice has enhanced the domination of women's sex within marriage. Even in the end of the twentieth century, the Amendment of Civil Code is still rife with this traditional thought. The legal profession are confronted with a hard task. They had to use the western legal interpretation to protect "women's virtue" under the declaration of gender equality. What they did is to exercise a rather tricky strategy. This phenomenon can be also understood as a response of the local legal profession while facing the disparity between social value and the spirit of gender equality in the legal system. |
本系統中英文摘要資訊取自各篇刊載內容。