The Limits of Family: Military Law and Sex Panics in Contemporary South Korea

2021 ◽  
Vol 29 (3) ◽  
pp. 607-632
Author(s):  
Timothy Gitzen
Keyword(s):  
South Korea ◽  
Family Law ◽  
The State ◽  
Penal Code ◽  
Korean Family ◽  
Aids Activism ◽  
The Family ◽  
Military Law ◽  
The Military ◽  
Hiv Aids

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.

scholarly journals High capacity, low resilience: The ‘developmental’ state and military–bureaucratic authoritarianism in South Korea

2017 ◽  
Vol 39 (1) ◽  
pp. 67-82 ◽  
Author(s):  
Olli Hellmann
Keyword(s):  
South Korea ◽  
State Capacity ◽  
High Capacity ◽  
Developmental State ◽  
The State ◽  
Sufficient Condition ◽  
International Context ◽  
The Military ◽  
Infrastructural Power

This article argues that high levels of state capacity are not a sufficient condition for consolidating autocratic rule. Rather, whether non-democratic rulers can harness the infrastructural power of the state to implement strategies of regime stabilization depends on three crucial factors: the state’s social embedding; the international context; and the extent of elite cohesion. The paper develops this argument through a case study of the military–bureaucratic regime in South Korea (1961–1987), which – despite a high-capacity ‘developmental’ state at its disposal – failed to maintain high levels of resilience.

ACTIVITIES OF THE MILITARY PROSECUTOR’S OFFICE IN THE CONDITIONS OF CHANGES IN LEGISLATION

2018 ◽  
Vol 32 (32) ◽  
pp. 239-255
Author(s):  
Mukola Turkot
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Armed Forces ◽  
The State ◽  
Law Enforcement Agencies ◽  
Military Justice ◽  
Law Enforcement Agency ◽  
Military Security ◽  
Military Law ◽  
The Military

Тhe purpose of this article is to show the state of the functioning of law enforcement agencies in Ukraine, which are fighting against military crime. In addition, the algorithm for the activities of the military prosecutor’s office is shown after changes are made to the legislation. It was noted that the national security of Ukraine and its military security are protected by the Armed Forces of Ukraine and other military formations. In these military formations serve soldiers, officers and generals. The tasks of each military formation are different. Introduction. The article defines the national security of Ukraine, the military security of Ukraine, and how security is created. The same is said about the subjects of ensuring the security of the state. The same is said about the subjects of ensuring the security of the state. It is separately noted that there is a bill on the State Bureau of Military Justice. This military law enforcement agency should implement the functions of pre-trial investigation against servicemen and others. The research methods are used taking into account the topic of the article, the problems that need to be addressed, and the conclusions to be drawn. Such methods were used: formal-logical, hermeneutical, comparative. Thanks to these methods, it was possible to compare the competence of military formations in Ukraine, to determine the necessary legal possibilities for the future law enforcement agency – the State Bureau of Military Justice. The conclusions contain the author’s statement that the time has come to create, in addition to the military prosecutor’s office, yet another law enforcement body whose competence extended to all military formations. This is due to the fact that in Ukraine at the moment there is no shadow of one military formation, whose competence extends to other military formations. The exception is the military prosecutor’s office.

“Sex, Pleasures, Dangers, Love and Lies!”

Matatu ◽  
2017 ◽  
Vol 49 (1) ◽  
pp. 156-181
Author(s):  
Asante Lucy Mtenje
Keyword(s):  
Sexual Violence ◽  
Sexual Desire ◽  
Female Sexuality ◽  
Status Quo ◽  
The State ◽  
Gender And Sexuality ◽  
The Family ◽  
Normative Expectations ◽  
Female Poets ◽  
Hiv Aids

This essay examines how contemporary Malawian female poets writing in the post-dictatorship era engage with aspects that inflect female sexuality such as eroticism, sexual desire, marriage, sexual violence, and HIV/AIDS through their poetry and how they represent these aspects against normative expectations of gender and sexuality. I am interested in how these poets depict the complex mediation of female sexualities by the state, the family, religious, and cultural bodies and how, in turn, they represent sexuality as simultaneously a domain of restriction, repression, and danger as well as a domain of exploration, pleasure, and agency. Through an analysis of selected works by Malawian female poets, I examine how the authors negotiate issues of female sexuality within the new democratic dispensation which have traditionally been relegated to the margins in favour of more politically ‘relevant’ issues. I argue that these poets challenge the monolithic status quo through which Malawian women’s sexualities have been constructed by portraying the nuances, complexities, and ambiguities that characterize female sexuality in Malawi.

scholarly journals Children as Victims of Domestic Violence – Deprivation of Parental Rights according to the Family Law Act of the Republic of North Macedonia and the Family Law Act of Kosovo

SEEU Review ◽  
2021 ◽  
Vol 16 (1) ◽  
pp. 30-44
Author(s):  
Arta Selmani-Bakiu ◽  
MA Julinda Elezi
Keyword(s):  
Domestic Violence ◽  
Child Abuse ◽  
Family Law ◽  
The State ◽  
Control Measures ◽  
Parental Rights ◽  
Violence Against Children ◽  
The Family ◽  
The Republic ◽  
Legal Frameworks

Abstract Domestic violence is one of the most serious forms of violation of basic human freedoms and rights regardless of ethnicity, gender, religion, and status. A reflection on many international statistics shows that women are the most frequent victims of domestic violence. Based on the definition of the phenomenon of domestic violence, the forms of abuse, the manner how violence is treated, the possibility of children, men, extramarital spouses, brothers, sisters, and old people living in an extended domestic community, of also being victims is not excluded. Since domestic violence is not only a national problem but a worldwide problem, international organizations have worked towards the eradication of this phenomenon by sanctioning it in various international conventions. Also, the legal systems of many countries prohibit and sanction domestic violence by special laws obliging the state authorities to act in all situations when there are indications that there are direct or indirect violent acts in a family. In this paper, the authors present only the domestic violence against children as an evident problem in families, but which is often unreported. The legal frameworks of the Republic of North Macedonia and Republic of Kosovo are presented in this paper with the aim to describe the material-legal and procedural-legal treatment of domestic violence by pointing out the failure of the state authorities in implementing the laws on protection and prevention of this phenomenon. The authors take the approach of only treating the legal consequences of child abuse by parents that in both legislations is deprivation of parental rights for the violent parent. They conclude that the state authorities should intensify their work in taking control measures towards all the families where there are suspicions that the parental rights are neglected, and the child is abused. Because many cases of abuse have not been detected or reported, and in both countries a special study especially on domestic violence against children does not exist, the possibility that the number for this type of child abuse is great.

Family Property Division and the Principle of Judicial Restraint

2018 ◽  
Vol 41 (2) ◽  
Author(s):  
Patrick Parkinson
Keyword(s):  
Property Rights ◽  
Family Law ◽  
The State ◽  
High Court ◽  
Family Courts ◽  
The Past ◽  
The Family ◽  
The Relationship ◽  
Do So

The Family Law Act 1975 (Cth) provides that judges must not alter property rights on the breakdown of the relationship unless satisfied that it is just and equitable to do so. This is the principle of judicial restraint. In the past, and prior to the 2012 decision of the High Court in Stanford v Stanford, this principle was given almost no effect. The High Court sought to correct this approach, insisting that the family courts should not begin from an assumption that a couple’s property rights are or should be different from the state of the legal and equitable title. It also reaffirmed that there is no community of property in Australia. This article considers the significance of the principle of judicial restraint: first, in cases where the property is already jointly owned and, secondly, in cases where the couple have chosen to keep their finances separate.

South Korea’s Economic Development, 1948–1996

2017 ◽  
Author(s):  
Michael J. Seth
Keyword(s):  
Economic Development ◽  
South Korea ◽  
Western Europe ◽  
The State ◽  
Industrial Society ◽  
Military Government ◽  
State Planning ◽  
Park Chung Hee ◽  
The Military ◽  
Capital Intensive

At its independence in 1948, South Korea was an impoverished, predominately agricultural state, and most of the industry and electrical power was in North Korea. It faced a devastating war from 1950 to 1953, and an unpromising and slow recovery in the years that followed. Then, from 1961 to 1996, South Korea underwent a period of rapid economic development, during which it was transformed into a prosperous, industrial society. During these years, its economic growth rates were among the highest in the world. Under the military government of Park Chung Hee (Pak Chǒng-hǔi), which came to power in 1961, the state gave priority to economic development, focusing on a combination of state planning and private entrepreneurship. Possessing few natural resources, it depended on a low wage, educated, and disciplined labor force to produce goods for exports. As wages rose, economic development shifted from labor to capital-intensive industries. Focusing initially on textiles and footwear, South Korean manufacturing moved into steel, heavy equipment, ships, and petrochemicals in the 1970s, and electronics and automobiles in the 1980s. Two major reforms under the administration of Syngman Rhee (Yi Sǔng-man, 1948–1961) helped prepare the way: land reform and educational development. However, it was the commitment to rapid industrialization by the military governments of Park Chung Hee and his successor, Chun Doo Hwan (Chǒn Tu-hwan), that brought about the takeoff. Industrialization was characterized by a close pattern of cooperation between the state and large family-owned conglomerates known as chaebǒls. This close relationship continued after the transition to democracy, in the late 1980s and 1990s, but after 1987, labor emerged as a major political force, and rising wages gave further impetus to the development of more capital-intensive industry. In 1996, South Korea joined the Organization for Economic Cooperation and Development, being internationally recognized as a “developed state.” Although living standards still lagged behind those of North America, Western Europe, and Japan, the gap was significantly narrowed. After 1996, its economic development slowed but was still high enough to achieve a per capita income comparable to the countries of Western Europe and to shift from a borrower of to an innovator in technology.

Napoleonic Legacies, Postcolonial State Legitimation, and the Perpetual Myth of Non-Intervention: Family Code Reform and Gender Equality in Mali

2020 ◽  
pp. 096466392096255
Author(s):  
Brenda K. Kombo
Keyword(s):  
Family Law ◽  
The State ◽  
Francophone Africa ◽  
National Assembly ◽  
Postcolonial State ◽  
Anthropology Of The State ◽  
The Family ◽  
And Gender ◽  
Family Code ◽  
Code Reform

In May 2018, the African Court on Human and Peoples’ Rights held that Mali’s 2011 Family Code violated women’s and children’s rights. Widespread protests halted the adoption of a more progressive draft Code passed by the Malian National Assembly in 2009. In Francophone Africa, family codes are legacies of the patriarchal 1804 Napoleonic Code whose reform has been contentious. Drawing from the work of Frances Olsen and Roland Barthes, anthropology of the state, African feminist thought, and critical comparative family law, I argue that by emphasising that the Code ‘reflect[s] socio-cultural realities’, Mali mobilises a myth of non-intervention of the state in the family. This myth serves to legitimate the postcolonial state which faces challenges concerning diversity, democracy, development, and secularism. Tracing the myth back to the Napoleonic Code and through French colonialism, I conclude that it helps to bolster the state while distorting the possibilities for more egalitarian reform.

The Right to Protection from Poverty of Children of Divorced Couples

1987 ◽  
Vol 12 (4) ◽  
pp. 11-13
Author(s):  
Richard Ingleby
Keyword(s):  
Family Law ◽  
Child Poverty ◽  
The State ◽  
Legislative Reform ◽  
The Family ◽  
Legislative Activity ◽  
Future Direction ◽  
The Right ◽  
Social Importance ◽  
The Relationship

In this paper I intend to examine ways in which the problem of child poverty might be remedied by legislative reform. The legislative activity taking place at present means that this is a matter of current, as well as social, importance (1). The paper is not intended as an arid academic exercise, but as a contribution to the debate about the future direction of reform in this area. The emphasis of the paper is on the effect of legislative provisions outside the court-room. When more than 90% of divorce disputes are not resolved by judicial adjudication, it is vital to an understanding of the law to examine its out-of-court operation (2). This demands that we consider how the provisions of the Family Law Act are used in negotiations, and the effect of the relationship between parents' rights against each other, and parents' rights against the State. But therefore considering ways in which the interests of children might be protected on divorce, it is necessary to give a brief introduction to the nature of the problem of child poverty and its relationship with matrimonial breakdown.

Sign in / Sign up

Export Citation Format

Share Document