scholarly journals 權利與善——論同性婚姻

Author(s):  
Xudong FANG

LANGUAGE NOTE | Document text in Chinese; abstract also in English.本文由兩個部分構成,第一部分闡述了不反對同性婚姻合法化的理由,逐一討論了對同性婚姻合法化的五種反對意見,認為它們都不成立。第二部分論述了儒家推崇異性婚姻的原因,其主要考慮是同性婚姻不能像異性婚姻那樣可以提供倫理的完整性。作者強調,作為公民權利,同性婚姻可以被自由追求,但作為儒家則以異性婚姻為婚姻的理想模式。前者事關權利,後者事關“善”,有各自的界限,不得逾越。This paper consists of two parts. In the first part, the author refutes, one by one, five objections to the legalization of same-sex marriage, including arguments grounded in naturalness, origin, reductio ad absurdum, compromising traditional marriage, and Jiang Qing’s doctrine of particular human rights. The strongest reason for advocating the legalization of same-sex marriage is the doctrine of equal rights. As contemporary people, we have no reason to deny that all individuals have equal rights. The second part discusses why Confucianism prefers heterosexual marriage. The main consideration is that same-sex marriages cannot provide ethical integrity, as heterosexual marriages do. The author emphasizes that, as a civil right, same-sex marriage can be pursued freely, but for a Confucian, heterosexual marriage is the ideal mode of marriage. The former concerns what is “right,” whereas the latter relates to what is “good.” There is an insurmountable boundary between right and good.DOWNLOAD HISTORY | This article has been downloaded 423 times in Digital Commons before migrating into this platform.

Author(s):  
Lawrence YUNG

LANGUAGE NOTE | Document text in Chinese; abstract in English only.Mark Cherry’s article identifies claims regarding individual autonomy, gender neutrality, and rights to sexual freedom as taking a commanding place within the secular liberal recasting of the family to grant same-sex marriage the same legal status as heterosexual marriage. Cherry refers to Plato’s proposal of abolishing family in Republic (Book V) as a precursor to reforming the family to engineer currently favored versions of social justice. This paper adds to the discussion on family and social justice with an explication of this proposal of abolishing family and a comparison with the Confucian ideal of Great Unity.DOWNLOAD HISTORY | This article has been downloaded 122 times in Digital Commons before migrating into this platform.


Author(s):  
Xiaohu DENG

LANGUAGE NOTE | Document text in Chinese; abstract in English only.Fang Xudong’s paper is in general well-argued. However, I raise two considerations to facilitate further discussion. First, I suggest that Jiang Qing’s idea of particular rights deserves further examination. In particular, it seems reasonable to claim that there are indeed fundamental differences between same-sex marriage and heterosexual marriage. Second, I suggest that Confucianism need not embrace the idea that heterosexual marriage is the only way to fulfil Confucian values.DOWNLOAD HISTORY | This article has been downloaded 180 times in Digital Commons before migrating into this platform.


Author(s):  
Qixiang HUANG

LANGUAGE NOTE | Document text in Chinese; abstract in English only.Attitudes towards homosexuality in Western societies, from eliminating it to the legalization of same-sex marriage, can be described as moving from one extreme to another. In contrast, the Confucian attitude, which tolerates but does not encourage homosexuality, is preferable. The legalization of same-sex marriage belongs to the category of social construction. The different social factors in different countries determine their different attitudes toward same-sex marriage. Heterosexual marriage is the most natural marriage and is in line with human nature.DOWNLOAD HISTORY | This article has been downloaded 150 times in Digital Commons before migrating into this platform.


2021 ◽  
Vol 36 (1) ◽  
pp. 92-104
Author(s):  
Habibat Oladosu-Uthman

AbstractThe increased visibility of same-sex relationships and the call for same-sex marriages have been particular challenges to the traditional marriage system in Africa in the contemporary period. While some critics have argued, erroneously, that same-sex relationships were completely unknown to the African continent until the advent of Western modernity, others have suggested that the practices speak to a greater malaise confronting African societies. Nigeria is not an exception in this case. In light of these trends, this article examines the Same-Sex Marriage Prohibition Act, which was promulgated by the Nigerian government in 2014 and has since led to infractions upon the human rights of citizens in same-sex relationships. The article examines these developments around same-sex relationships in the context of wider social and economic challenges to the traditional marriage institution in Nigeria.


2017 ◽  
Vol 59 (4) ◽  
pp. 75-98 ◽  
Author(s):  
Michelle L. Dion ◽  
Jordi Díez

AbstractLatin America has been at the forefront of the expansion of rights for same-sex couples. Proponents of same-sex marriage frame the issue as related to human rights and democratic deepening; opponents emphasize morality tied to religious values. Elite framing shapes public opinion when frames resonate with individuals’ values and the frame source is deemed credible. Using surveys in 18 Latin American countries in 2010 and 2012, this article demonstrates that democratic values are associated with support for same-sex marriage while religiosity reduces support, particularly among strong democrats. The tension between democratic and religious values is particularly salient for women, people who live outside the capital city, and people who came of age during or before democratization.


Author(s):  
Fei WU

LANGUAGE NOTE | Document text in Chinese; abstract in English only.Xianglong Zhang’s position on same-sex marriage is tolerance with reservations. He contends that Confucianism does not affirm or deny homosexuality as ancient Greek culture or Christianity did, because it regards homosexuality and same-sex marriage as two completely separate issues. By distinguishing marriage from homosexuality, the Confucian view proposed by Zhang neither violates the freedom of homosexuals nor affects the order of marriage and family. It can provide a more sensible perspective for people to understand the relationship between homosexuality and marriage in today’s world.DOWNLOAD HISTORY | This article has been downloaded 192 times in Digital Commons before migrating into this platform.


Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman

This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never contemplated to one in which, depending on the state, it is either expressly authorized or expressly prohibited. Same-sex marriage has posed—and continues to pose—a challenge to traditional definitions of marriage and family. But, more importantly, the issue implies broader changes in family law—the increasing role of constitutional analysis; limits on the right of government to regulate the family; and the clash between the traditional family form and a new and wider menu of intimate and household arrangements, and all this against the background of the rise of a stronger form of individualism.


2012 ◽  
Vol 1 (2) ◽  
pp. 231-256
Author(s):  
Corinne A. Seals

This paper uses the theory of intertextuality to examine the discourse surrounding California’s Proposition 8, the statewide ballot measure to reverse legalization of same-sex marriage. More specifically, this paper analyzes the newspaper reports that surfaced in February 2010, concerned with the fact that the judge deciding the case is a gay man. The initial story, which claimed that this should be a “non-issue,” sparked a multitude of articles aimed at different readerships over the following week, therein making the “non-issue” an issue. I analyze how intertextuality is used by three types of news sources (LGBT, mainstream, and Religious Right) to report the same issue but in ways specifically aimed at the ideal reader of each. I argue that the way intertextuality occurs in constructed dialogue, lexical choice, and semantic presupposition creates an ideological message meant for and decodable by each publication’s ideal reader, therein reinforcing group ideologies about LGBT issues.


Author(s):  
Ruth Gaffney-Rhys

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter considers the formation and recognition of adult relationships i.e. marriage, same-sex marriage, civil partnerships and cohabitation. The questions included in this chapter cover: the right to marry contained in article 12 of the European Convention on Human Rights; forced marriage; the difference between opposite-sex marriage, same-sex marriage and civil partnerships and the difference between marriage and cohabitation.


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