The Missionaries' Position: Polygamy and Divorce in the Anglican Communion, 1888–1988

This article explores the Church of England's engagement with polygamy through a survey of policy debates about plural marriage that took place from the 1880s to the 1980s. With few exceptions, nineteenth and early‐twentieth century missionaries refused to allow men in polygamous marriages to convert to Christianity. This decision was formalised at the 1888 Lambeth Conference, but reversed one hundred years later at the 1988 Conference. The article uncovers factors that led to the recognition of alternative forms of marriage, and begin to expose the dynamics of repression and toleration in Anglican marriage discourse. Following recent postcolonial feminist scholarship, it argues that the church's inability to resolve its parallel but conflicting oppositions to polygamy and divorce formed a paradox which implicitly provincialized British Anglican gender understandings, and that the 1988 Lambeth Conference decision represents a tacit acknowledgement of the fundamental epistemic divide represented by this paradox.     

Keystone of the patriarchal family? Indissoluble marriage,masculinity and divorce in Liberal Italy

While divorce laws were introduced in most of western Europe in the second half of the nineteenth century, the majority of Italian statesmen exhibited strong reluctance to take such a measure on the occasions it was proposed by a number of progressive parliamentarians between unification and 1920. This essay examines the debates over whether or not to introduce a divorce law during Italy's Liberal period, arguing that many Italians saw indissoluble marriage as a way of protecting the ‘natural’ gender order against the corruptive tendencies of modernity seen elsewhere, particularly in France. Much rhetoric was expended on the notion that marriage protected Italian women in particular, but a divorce law would also have righted the radical asymmetries of power that lay at the heart of the Italian marriage contract. These were asymmetries that gave the husband distinct privileges and helped to construct masculine identity. For that reason, the maintenance of marriage as a contract only dissoluble by death can be read as a determination to protect traditional notions of masculinity.     

The Case of Beatrice Brooke: Fictions of Law and Marriage in Caroline Norton's Lost and Saved (1863)

In comparison with her influential political essays on matters of child custody, divorce and marital property settlements, the novels of Caroline Norton remain relatively under-studied. The purpose of this article is to revisit one of these novels, Lost and Saved, published in 1863, and to do so more particularly as an exercise in literary jurisprudence. It argues that the story of Beatrice Brooke, the unfortunate heroine of the novel, is shaped in considerable part by the law; first, by the peculiar terms of a probate settlement which serves to preclude her marriage to her ultimately duplicitous lover Montagu Treherne, and then second, by the broader terms of matrimonial law in nineteenth-century England, the construction of which serves to delude Beatrice into thinking that an ‘irregular’ marriage to Treherne enjoys some residual legal force. Though the medium is very different, the critique of marriage presented in Lost and Saved is just as urgent as that engaged in Norton's more famous political essays.     

Decomposing the crude divorce rate in five countries: Singapore,Taiwan, South Korea,the UK,and Australia

Over the past few decades, the level of divorce, measured by the crude divorce rate (CDR), has increased dramatically in both the East and the West, but has recently appeared to fall or level off in some countries. To investigate whether the recent decline or stabilisation of the CDRs reflects the real trends in divorce risk, a decomposition analysis was conducted on the changes in the CDRs over the past 20 years on two western and three East Asian countries, namely, the UK, Australia, Taiwan, South Korea, and Singapore. The following is observed: the decline in the CDRs of the UK and Australia in the 1990s, and of Taiwan and Korea in the 2000s, was mainly due to shrinkage in the proportion of the married population rather than any reduction in divorce risk; only Australia experienced a genuine reduction in divorce risk between 2001 and 2011; and the continuous increase of Singapore’s divorce level between 1990 and 2010 may be is an unintentional effect of the government’s marriage promotion policies. The shift in the population age structure, and more importantly, the drastic decline in marriage, has seriously distorted the CDRs, making them unreliable indicators for monitoring divorce trends.     

20世纪初英国的社会改革及其影响

20世纪初,在英国自由党的支持和推动下,英国政府进行了一系列旨在减少贫困、缓解矛盾的社会改革,推出了养老金条例和国民保险法案,调节了社会各阶层之间的关系,打下了社会保障的基础,从而对20世纪英国社会的发展产生了深远的影响.     

The Dichotomous Legacy of the Catholic Church’s Opposition to the Philippine Revolution of 1896

ABSTRACT

This article examines the repositioning of the Catholic Church in the aftermath of the Philippine Revolution of 1896–98, during the transfer of Spanish to American colonial rule. It reviews the consultations between the outgoing Spanish bishops and the Vatican’s Apostolic Delegate, Placido Chapelle, in January 1900, and the subsequent religious settlement promulgated in the Vatican’s Apostolic Constitution for the Philippine Church, Quae mari Sinico, in 1902. The Delegate’s identification with the Spanish bishops and their opposition to Filipino nationalist aspirations and the Filipino secular clergy confirmed the anti-Filipino position of the Church in the American colonial period. Both the Filipino bishops and the American bishops opposed independence and distrusted the nationalist leaders as anti-clerical Masons. This is followed by a discussion of the claimed reconciliation of Church and Filipino political aspirations in the post-Vatican II period in the 1960s, which culminated in the Church’s role in bringing down President Ferdinand Marcos in 1986. Committed to a theology of social justice, the bishops now aligned the Church with progressive democratic nationalists. In its successful opposition to the Marcos dictatorship in the name of “People’s Power,” the hierarchy claimed that through the “Miracle of EDSA” the Church had identified with and indeed represented the political will of the Filipino people.     

‘As Poor as Church Mice’: Bishops,Finances, Posts,and Civil Duties in the Duchy of Warsaw, 1807–13

Abstract

Relations between the Catholic Church and the secular authorities of the Duchy of Warsaw were characterized by the one’s efforts to maintain its old privileges, and the other’s modernization of the law in a Josephist spirit. Cooperation and compromise between Church and state were possible, but their relations were full of tension, which sometimes erupted into open confl ict. This article presents a wider range of problems than has hitherto been noted in the historiography. From the beginning of 1807, the Catholic clergy was expected to fulfi l new duties, because of the shortage of administrative staff. Confl icts arose over the duties of patrons, payments for the clergy, their taxes, the government’s prohibition on plural holding of benefi ces cum cura animarum, and over ecclesiastical organization in general. The place of the Church was more clearly outlined in the Constitution of the Duchy of Warsaw (1807), but the concept of the ’state religion’ was seen by some clergymen as an opportunity to spread the Church’s infl uence. Further changes opened the higher ecclesiastical ranks to commoners. The civil government and the episcopate also differed on the role of religious orders, with the former looking to employ nuns and monks in social welfare and education. Bishops complained of ministers and offi cials who did not pay priests’ salaries punctually, if at all, but some episcopal interventions led to the authorities releasing the orders from fi nancial obligations and taxes. The Civil Code, introduced in 1808, assigned the duties of registrars to priests. Insofar as divorces and civil marriages were concerned, this role could place priests in contravention of canon law, although in practice almost no such cases occurred. Despite the work undertaken by representatives of the clergy and the civil authorities, no concordat, which would have resolved these issues, was agreed with the Holy See. As a result, the period of the Duchy brought the Catholic clergy great insecurity, alongside their hopes for the Polish nation.     

20世纪80年代的婚姻法律与婚姻家庭变迁

颁布于中国全面改革开放起步时期的1980年《婚姻法》,反映了国家在婚姻家庭领域的法制重建以及社会转型带来的家庭婚姻制度的变化。在社会上引起较大反响的主要有三个方面:第一,明确了夫妻财产制,人们的个人财产权利意识增强;第二,实行计划生育政策,但由于重男轻女思想的影响,使性别选择问题更突出地表现出来;第三,明确把感情破裂作为离婚的条件,但“感情破裂”的衡量标准很难掌握,司法部门在处理离婚案件时仍有很大困难。总之,1980年《婚姻法》是一部承前启后的法律,它既是对1950年《婚姻法》的继承与发展,又通过20年的司法实践,为2001年《婚姻法》的修正案的制定作了法律上的铺垫。     

从离婚权的演变透视中世纪欧洲犹太妇女的婚姻地位

犹太教允许离婚.在<圣经>时代,犹太男子可以随心所欲地休妻,犹太妇女没有任何话语权.到了<塔木德>时代,犹太社会尽管对男子的单方面休妻权利有所限制,但是并没有从根本上改变婚姻的男权制结构,犹太妇女在离婚问题上依然处于完全被动的地位.这种局面在中世纪的欧洲有了质的改变,而且,这种改变通过犹太社团最具权威的"市集大会"颁布的法规条例而不断地强化,从而使得犹太妇女的婚姻地位在附属中有了改善.     

Sir Charles Grandison,Natural Law and the Fictionalised English Gentleman

This article enquires into the relation between enlightened humanist conceptions of natural law and the period novel's fictionalization of the English gentleman in the context of its marriage plot. Marriage played a key role in enlightened theorisations of natural law precisely as an institution capable of grounding familial and civil life in an emerging concept of human nature. Yet public debate about the state's role in the regulation of marriage in mid-eighteenth-century England demonstrates that natural law lent itself to very different models of sovereignty and governance. The antinomies that characterized natural law's circulation in the English context are uniquely fictionalized in Samuel Richardson's last novel, Sir Charles Grandison (1753–54), a lengthy parallel narrative of failed courtship and matrimonial felicity that draws upon Pufendorf's model of natural law, yet is only partly implicated in its secular humanism. The novel's eponymous gentleman hero – a ‘Man of Religion and Virtue’ – exemplifies a mix of Anglican piety, civic virtue and disinterested sympathy that is sanctioned by natural law and sealed by the English marriage plot.     

Problematic Conjugations: Women’s Agency,Marriage and Domestic Violence in Indonesia

Abstract:

This paper examines women’s experience of domestic violence within marriage in Makassar, South Sulawesi. It analyses the meaning of marriage for men and women, the roles of men and women within marriage, shifts in marriage practices – particularly the shift from arranged to “love” marriage – and unequal gender positions within marriage. We discuss some salient issues in the “margins of marriage” in Indonesia: polygyny and constructions of masculinity that condone the practice of polygyny/affairs, and attitudes towards divorce, particularly for women. We then examine women’s perception of the causes and triggers of domestic violence as revealed by fieldwork data, using the lens of women’s agency. Our findings are that women perceive that their expressions of agency – for instance in challenging men’s authority, moral righteousness and adequacy as breadwinners – are the most common triggers for male violence within marriage. Finally, we discuss the difficulty for women of escaping domestic violence, thereby getting some purchase on the relative capacity of women to resist, deflect or deal with the violence.     

HENRY VAUGHAN,THE LIBERATION OF THE CREATURES,AND SEVENTEENTH-CENTURY ENGLISH CALVINISM

This article examines how Richard Bernard’s commentary on the Book of Ruth, Ruths Recompence (1628), was constructed so as to deliver its messages, specifically those reflecting Bernard’s concern with living well. Attention is drawn to certain parts of the exposition which exemplify Bernard’s views and one part, especially, which caused him perplexity. This last pertains to a central element of Ruth which challenges Bernard and his early modern predecessors, in particular, in expounding the book. This is Ruth’s approach in Chapter 3, following the advice of her mother-in-law, Naomi, to their kinsman, Boaz, on the threshing floor, alone by night to request marriage according to the levirate law. Such an approach is contrary to the voluminous literature in the early modern period setting out how women should conduct themselves. Regarding other parts of the exposition, the article shows how Bernard taught such lessons as desirable relations between masters and servants.     

The church and sexuality in medieval Iceland

Although the Church's regulation of marriage and sex was felt by all Germanic tribes, this subject can be studied most closely in Iceland because of the richness of its source material. Four problems are examined here, from literary, legal, and historical sources, namely marriage, divorce, clerical celibacy and extramarital sex. All three categories of sources agree that marriage was a contractual arrangement between the families of the bride and the groom, as known elsewhere among Germanic tribes. They likewise concur that divorce was possible and easily obtainable. Clerical marriage, among both bishops and priests, was seen as acceptable in the legal and historical sources; the literary sagas do not deal with this issue. That extramarital sexual activities were common, is clear from the legal and historical sources but, in contrast, the literary materials depicts Icelandic couples as largely monogamous and faithful. This discrepancy between the historical and literary sagas, both products of the thirteenth century, can be explained by the growing influence of the Church, which by this time was attempting to introduce clerical celibacy and marital fidelity into Iceland. The thirteenth-century clerical authors of the literary sagas, set in ancient times, provided models intended to improve the sexual behavior of their audiences.     

The Common Good,Pluralism and the Small Church

Abstract

This paper discusses the understanding of “Common Good” that has been used by the Church of England, especially over the last five years. It suggests that its implicit universalism and identification of Christian morality with the ethical norms for the nation is premised on an understanding of the role of the Church which is no longer realistic. After a brief discussion of the latest statistics for church attendance and a comparison with other national churches in Northern Europe, I suggest that the Church of England is a “small church” and even that Christians constitute a religious minority. This means that the pursuit of the “Common Good” as defined by the church may simply be a piece of nostalgic longing for the time of the “big church.” The recent exclusions for the churches on same-sex marriage legislation indicate that the gap between most of the churches and the wider society. Rather than defining the common good, I suggest that in a pluralist society the churches which recognize their limited role will need to build alliances and common causes with other groups, both religious and secular.     

20世纪60年代以来美国女性单亲家庭变迁初探

20世纪60年代以来,美国女性单亲家庭数量骤增,引发大规模道德批判风潮,政治倾向日渐保守,政府福利政策随之紧缩。综观其发展历程可知,两性经济格局的变更,婚姻与性观念的嬗变,单身母亲自有的婚育价值观,政府公共政策的双重作用,合力推动了美国女性单亲家庭的群体扩张。就所占比重和贫困程度而言,黑人女性单亲家庭是尤其值得关注的群体。对以母子为基本关系单位的家庭模式的认可度,以及黑人社区中适婚男性数量上的匮乏,是美国黑人家庭中女性单亲家庭比重较大的特定因素。     

Marriage by exception: Marriage dispensations and ecclesiastical policies in nineteenth‐century Rome

A set of documents discovered by chance in the Ecclesiastical Archive in Rome, presenting the preliminary steps that set in motion petitions for marriage dispensations in the mid‐nineteenth century, throws light on the systems of marriage formation among the rural poor. These procedures also illustrate how church laws were understood and employed by ecclesiastical functionaries and by the faithful. For less skilled artisans and unskilled workers, second marriage with the brother or sister of a deceased spouse was customary, and made it possible to renew ties between the original couple's families that would otherwise have dissolved. This required a special dispensation, however, and the procedures required to obtain this illustrate the cultural and political stance of the Catholic Church, and in particular that of the ecclesiastical institutions in Rome in the nineteenth century, which conferred an ambiguous but decisive role on premarital sexual relations, while willingness to make exceptions to the law appears as a means of governance.     

Vicarious passions: the private life of Hollywood stars in 1950s Portuguese magazines

ABSTRACT

Life in Hollywood in the 1950s seemed completely at odds with the moral foundations of authoritarian Portugal. By looking at the coverage of the lives of Hollywood stars in Portuguese magazines, however, it is possible to imagine how a conservative society could be exposed to changing values. Readers became acquainted with the period’s most famous cases of divorce. Divorce was at first seen as unacceptable, but the continuous news on the lives of famous people produced a strange impact on the Portuguese public sphere: the end of marriage became familiar and even acceptable in some circumstances. The article disentangles this paradox, by treating magazines as a mediated social actor. The foreign origin of the news may have led readers to assume that divorce was a distant phenomenon. Simultaneously, the social circulation of magazines permeated the everyday with subversive ideas. Magazines thus constitute a decisive source for exploring how North American cultural forms work through the fabric of foreign societies. Imagining the impact of Hollywood in Portugal through the mediation of magazines allows us to identify forms of social change evolving in an apparently uneventful decade, and to grasp the contribution of feelings and attitudes in historical transformation.     

CIVIL WAR,MARRIAGE BAN AND SEX RATIO

The civil war in mainland China during 1945–1949 resulted in an enormous influx of immigrants to Taiwan, the majority of whom were single male soldiers in their twenties or thirties. In addition, a military marriage ban prevented most of the immigrant soldiers from getting married until 1959. These two factors have profound, but distinct, influences on the effective prime-age sex ratio in the marriage market in post-war Taiwan. Unfortunately, the official population data in Taiwan excluded the military and thus did not reveal the true male population until the late 1960s. This paper proposes a method to impute the effective prime-age sex ratio. The imputation result shows that the effective prime-age sex ratio first rose in the 1950s, peaked in the 1960s, and then declined in the 1970s. At its peak, as many as 120 men were competing for only 100 women in the marriage market.     

Marriage,Sex, and the Church of Scotland: Exploring Non‐Conformity Amongst the Lower Orders

The history of marriage amongst the Scottish lower orders in the eighteenth century has largely been a story of sexual discipline by the Kirk (Church of Scotland). As much of this history has been produced through kirk session records — the arm of the church that monitored sexual morality and marital conformity — this is often construed as a story of contest between the church and a resistant lower orders, trying to negotiate alternative forms of family life. Using kirk session and secular court records and popular literature, this article explores how religious belief shaped sexual and marital behaviour, particularly non‐conformity, during this period. It examines the Kirk's interpretation of chastity and marriage, how these ideas filtered into popular culture and were used by the lower orders to negotiate their own sexual and marital behaviour and relationship to the Church. It argues that the Kirk's varying attitude to marital and sexual non‐conformity meant that marital non‐conformity was less significant than sexual sin in the popular and religious imagination.     

Law,Principle, and the Theologico-Political History of Sovereignty

Abstract

This article takes it cue from the debate between Carl Schmitt and Erik Peterson regarding the possibility of political theology within Christianity, and in response, offers a conceptual-historical portrait of sovereignty and its juridical dimensions. Beginning with the introduction of Roman law into the medieval Church, the article traces the logic of “legal principle” as the basis of sovereign decision and how the form of legal distinctions adopted into canon law translate the Romanitas of law into the theory of papal sovereignty. By the Romanitas of law, that is to say the principle of sovereignty in law. The article then seeks to describe the conceptual translations of Roman politics and Stoic metaphysics into theological form and the logic of this translation into medieval natural law. The article concludes by evaluating how the civic theology of Rome is conceptually inherited by the politics and legal framework of sovereignty and returns to Peterson’s critique of Schmitt, arguing that political theology can be understood as a dynamic where politics is theologized, assuming that in the history of religion, theology and politics are never fully distinct to begin with.