638 results on '"concubinage"'
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2. Features of Intergenerational Family Communication of Millennials with Their Parents: Attitude to Marriage
- Author
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Olga Nikolaevna Salangina
- Subjects
generation ,intergenerational communication ,millennials ,marriage ,concubinage ,Sociology (General) ,HM401-1281 - Abstract
This article is devoted to the study of the problems of intergenerational communication within the family between representatives of the millennial generation and their parents about marriage and cohabitation. Based on empirical data, it was concluded that there are changes in the behavioral practices of marriage planning by the millennial generation in comparison with their parents (representatives of the reformed generation). Representatives of millennials postpone the moment of marriage and the practice of cohabitation is becoming more widespread, which was not typical for their parents. This article presents the results of a pilot study using the in-depth interview method and the case study method. Criteria were defined in the form of an analytical scheme for further research of this issue. It was also concluded that differences in the values and practices of two generations give rise to a variety of intergenerational communication — from solidarity to implicit conflict. However, it was proposed as a hypothesis to single out ambivalent solidarity as the main type of intergenerational communication in the form of resolving a value conflict without leading to a direct conflict. more...
- Published
- 2024
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3. Derechos hereditarios de los convivientes en los países de habla hispana de América del Sur.
- Author
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Garcés Garcés, Hugo Alexander
- Subjects
INTERNATIONAL economic integration ,LABOR union members ,JURISPRUDENCE ,INHERITANCE & succession ,EQUALITY - Abstract
Copyright of Prolegómenos Derechos y Valores is the property of Prolegomenos Derechos y Valores and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.) more...
- Published
- 2024
- Full Text
- View/download PDF
4. New women willing to be concubines? Extramarital cohabitation, family politics, and state in modern China.
- Author
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Yu, Hualin
- Subjects
- *
UNMARRIED couples , *SOCIAL anxiety , *FAMILY policy , *MARRIAGE , *VALUES (Ethics) , *MASS media - Abstract
By examining extramarital cohabitation in early twentieth-century China against intellectual, social, and legal contexts, this article shows the process by which the educated class, mass media, and state strived to understand and locate this new union against inherited traditions and emerging modern agendas. It especially focuses on the controversy and confusion between the new women involved in these unions and concubines whose presence caused social anxiety in newly emerged gender relations and modern state governance. This article argues that the very actively negotiating process among the historical actors thickened rather than clarified the ambiguous controversy over extramarital cohabitation and the men and women involved in these unions. To a larger extent, by unfolding the process of awkward accommodation and incompatibility of foreign ideas of sex, love, and marriage into existing social and institutional milieu for significance, this article also reveals the tensions between family and state and between idea and reality during the transformation of modern China. The society deeply infiltrated by previously established social, moral, and legal structures had to respond to and accommodate external ideas, practices, lifestyles, and values. Failure accompanied success, and uncoupling did recoupling. It was within the dynamics of all these processes that Chinese society transformed. [ABSTRACT FROM AUTHOR] more...
- Published
- 2024
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5. Metodología para el análisis de los costos de la calidad en proyectos de construcción de edificaciones verticales.
- Author
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Santos, Angel Venta
- Subjects
SEXUAL orientation ,INTERPERSONAL relations ,MARRIAGE ,POLYAMORY ,CIVIL law - Abstract
Copyright of Revista FACE is the property of Universidad de Pamplona and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.) more...
- Published
- 2024
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6. Al-Ḥakam I in the Andalusi Sources: His Slaves, Eunuchs, and Concubines.
- Author
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de la Puente, Cristina
- Subjects
- *
CONCUBINAGE , *ENSLAVED persons , *EUNUCHS , *EMIRS , *HISTORY of slavery , *SLAVERY - Abstract
Al-Ḥakam I (154-206 AH/771-822 CE) is one of the most controversial characters in the history of al-Andalus. Despite the fact that the extant chronicles of the Umayyad emirate and caliphate in al-Andalus are fundamentally pro-Umayyad, their authors nevertheless depict the emir as a cruel and pitiless character and are never at a loss in finding harsh terms to describe his political and military actions. The personality of the emir is especially evident in the descriptions that the chronicles make of his treatment of the slaves in his court. Firstly, this article seeks to underline the importance that slaves had in the court of al-Ḥakam and, secondly, it provides an analysis of the historians' depictions of the emir based on the relationship he had with both his male and female slaves. Even though slaves in the Umayyad court have often been treated as secondary characters, their role is fundamental both in the narration of events and in the portrayal that Arab historians present of the sovereigns. [ABSTRACT FROM AUTHOR] more...
- Published
- 2023
- Full Text
- View/download PDF
7. Religion and Sexuality: Reading the Sixth Commandment ("You Shall Not Commit Adultery") in the Context of Late Ming China.
- Author
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Tian, Haihua
- Subjects
- *
ADULTERY , *RELIGIONS , *DISCOURSE analysis , *CROSS-cultural studies , *WOMEN'S studies - Abstract
This article examines concubinage in late Ming China through Foucaudian discourse analysis of sexuality in order to explore different responses to the Sixth Commandment by the Jesuits and Chinese literati. It will be interdisciplinary and conducted by way of philology, sexuality studies, feminist studies, cross-cultural criticism, and inter-religious dialogue. Topics include the relationship between religion and sexuality, concubinage in late Ming China, the Jesuits' attitude towards concubinage, and the case study of the Confucian Catholic Wang Zheng's struggle. A cross-cultural study of the Six Commandment not only illustrates the complex interaction between religion, sexuality, and gender but also presents early encounters of the Chinese and Christian cultures and the dialogues between them. [ABSTRACT FROM AUTHOR] more...
- Published
- 2023
- Full Text
- View/download PDF
8. LA MÉTAMORPHOSE DES BONNES MOEURS.
- Author
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POPA, IONUŢ-FLORIN
- Abstract
Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.) more...
- Published
- 2023
9. PROXÉNÉTISME ET CONCUBINAGE DANS LE SOUS-PRÉFET ET LE MAQUIS DE MOSÉ CHIMOUN.
- Author
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DIOUF, Yves
- Abstract
Copyright of Akofena is the property of Universite Felix Houphouet Boigny and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.) more...
- Published
- 2023
10. Religion and Sexuality: Reading the Sixth Commandment ('You Shall Not Commit Adultery') in the Context of Late Ming China
- Author
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Haihua Tian
- Subjects
religion ,sexuality ,Sixth Commandment ,Jesuit ,concubinage ,Confucianism ,Religions. Mythology. Rationalism ,BL1-2790 - Abstract
This article examines concubinage in late Ming China through Foucaudian discourse analysis of sexuality in order to explore different responses to the Sixth Commandment by the Jesuits and Chinese literati. It will be interdisciplinary and conducted by way of philology, sexuality studies, feminist studies, cross-cultural criticism, and inter-religious dialogue. Topics include the relationship between religion and sexuality, concubinage in late Ming China, the Jesuits’ attitude towards concubinage, and the case study of the Confucian Catholic Wang Zheng’s struggle. A cross-cultural study of the Six Commandment not only illustrates the complex interaction between religion, sexuality, and gender but also presents early encounters of the Chinese and Christian cultures and the dialogues between them. more...
- Published
- 2023
- Full Text
- View/download PDF
11. MANASTIRLI MEHMET RIFAT'IN GÖRENEK ADLI TİYATRO ESERİ VE İNCELEMESİ.
- Author
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ALAN, Selami
- Subjects
- *
AUDIENCE awareness , *MEN'S attitudes , *FAMILIES , *FAMILY traditions , *MODERN literature , *COMEDY - Abstract
The theater play called Görenek, written by Manastırlı Mehmet Rıfat and published in 1873/1874, is a work in the genre of comedy that deals with the uselessness of some traditions and customs in society. In this theater play, which consists of three chapters and three acts, discussions between family members are staged due to the tasks planned for a circumcision wedding. In addition, at the end of the game, both concubinage and bondage issues are touched upon and their connections with traditions and customs are examined. Mehmet Rıfat works on this theater play, which he has organized based on some inaccuracies in traditions and customs, in two different home environments and around two different families. It compares the adherence of women to customs in these families with the attitudes of men towards these customs. It also evaluates based on the differences in the perspectives of women and men. The author, who does not keep the cast very wide, aims to warn and raise awareness of the audience through these characters. At the same time, he reflects the living conditions of that day through the speeches, attitudes and behaviors of his characters. In this study, this play called Görenek was examined from structural and thematic points of view, and Mehmet Rıfat's theater writing was tried to be evaluated. In addition, the work was transferred from the Arabic alphabet to the Latin alphabet in order to bring it to modern literature. [ABSTRACT FROM AUTHOR] more...
- Published
- 2022
12. Women’s Emancipation from Slavery in Africa in the 19th and 20th Centuries
- Author
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van der Spuy, Patricia
- Published
- 2021
- Full Text
- View/download PDF
13. CASAMENTO À BRASILEIRA: ARRANJOS CONTRATUAIS E AMPARO SOCIAL E PATRIMONIAL ÀS MULHERES NO BRASIL (1950-1977).
- Author
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Cardoso Pereira, Maria Cristina
- Subjects
- *
MARRIAGE - Published
- 2022
14. Wives, concubines, or slaves? Peter Damian and clerics' women.
- Subjects
- *
LEGAL status of the clergy , *MARRIAGE law , *CELIBACY , *SPOUSES of clergy , *ENSLAVED women , *CONCUBINAGE , *PAPACY - Abstract
From the mid‐eleventh century, the reformed papacy launched a campaign against clerical marriage that, within a hundred years or so, would largely succeed in establishing the priesthood as a celibate (if not always chaste) caste. According to the reforming monk Peter Damian, women who associated with priests formed a particular target of papal discipline: Peter reports that Pope Leo IX ruled in 1049 that such women should be made slaves of the Roman church. This paper revisits sources concerning the reported enslavement of clerics' women, arguing that it was Peter (and not the pope) who promoted enslavement and, moreover, that Peter's ideas were never broadly adopted. [ABSTRACT FROM AUTHOR] more...
- Published
- 2022
- Full Text
- View/download PDF
15. Gender and Sexuality in Colonial Brazil
- Author
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Vainfas, Ronaldo
- Published
- 2021
- Full Text
- View/download PDF
16. Wives walking away: concubinage, adultery, and violence in late colonial Bahia.
- Author
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Nascimento, Selina Patel
- Subjects
- *
VIOLENCE , *CONCUBINAGE , *ADULTERY , *SOCIAL status , *SOCIAL acceptance - Abstract
This article re-examines colonial Latin American violence and adultery through the lens of concubinage and female migration. It re-evaluates heterosexual domestic violence, the socially-acceptable conditions for women to leave relationships, and the extent to which male partners were deemed culpable for their actions. It adjusts traditional narratives that dichotomise wives and concubines to instead consider wives as concubines and how this repositioning of their social status opened new opportunities for female migration, invited tacit social acceptance, and affected concubines' power, honour, and status in their local communities. Studying the lives of three adulterous concubines, this study argues that not only was solitary migration a fairly common experience for concubines in late colonial Bahia, but that such mobility constituted a wider strategy of feminine honour negotiation through the use of 'honour-neutral spaces'. This article offers a new perspective on gendered experiences of mobility, domestic security, and violence in late colonial Bahia. [ABSTRACT FROM AUTHOR] more...
- Published
- 2022
- Full Text
- View/download PDF
17. Women, Marriage and Kin-Feud in the Chronicles of the Kings of Man and the Isles
- Author
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McDonald, R. Andrew and McDonald, R. Andrew
- Published
- 2019
- Full Text
- View/download PDF
18. 'What Is Islamic About Slavery in Muslim Societies?' Cooper, Concubinage and Contemporary Legacies of ‘Islamic Slavery’ in North, West and East Africa
- Author
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Ann McDougall, E. and Fay, Mary Ann, editor
- Published
- 2019
- Full Text
- View/download PDF
19. LA VIDA RELIGIOSA FEMENINA DURANTE EL SIGLO XVII A TRAVÉS DEL PROCESO DE HERNANDO DE VEGA ROJAS, PRESBÍTERO Y ABOGADO DEL SANTO OFICIO DE SEVILLA: SOLICITANTES, MALMONJADAS, AMANCEBADAS Y TRIBADAS.
- Author
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Melián, Elvira M.
- Subjects
HUMAN behavior ,AGE ,RELIGIOUS life ,COUNCILS & synods ,HARASSMENT ,INQUISITION - Abstract
Copyright of Brocar: Cuadernos de Investigación Histórica is the property of Universidad de la Rioja, Servicio de Publicaciones and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.) more...
- Published
- 2022
- Full Text
- View/download PDF
20. INTRODUCTION: MEDIEVAL UNFREEDOMS IN A GLOBAL CONTEXT.
- Author
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Casteen, Elizabeth
- Subjects
SLAVERY ,CONCUBINAGE ,MARRIAGE ,MIDDLE Ages ,SEX discrimination - Abstract
The article discusses the complexities of medieval slavery and unfreedom. Topics include the historical debates on the transition from Roman slavery to serfdom and its persistence throughout the medieval period; the influence of late-medieval Mediterranean slavery on the trans-Atlantic slave trade; and the broad spectrum of unfreedom, including servile status, concubinage, and captivity, as a means of understanding the interconnectedness of medieval societies across religion, race, and gender. more...
- Published
- 2022
- Full Text
- View/download PDF
21. The perceived influence of aggression on crime
- Author
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Pascua, Joey R.
- Published
- 2019
22. Islamic Law, Slavery, and Feelings: A Fourth/Tenth-Century Andalusi Notarial Model on the Manumission of an Unruly and Bad-Tempered Female Slave.
- Author
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de la Puente, Cristina
- Subjects
- *
ISLAMIC law , *EMANCIPATION of slaves , *SLAVERY , *LEGAL documents , *LEGAL reasoning , *TEMPERAMENT - Abstract
This article studies a fourth/tenth-century notarial model to limit and place conditions on (istirʿāʾ) the manumission of an unruly and bad-tempered female slave. The text is part of al-Wathāʾiq wa-l-sijillāt , a notarial manual compiled by Cordoban scholar Ibn al-ʿAṭṭār (d. 399/1009), the earliest edited Andalusi work of this genre. Although it is part of a chapter on slavery and, more specifically, of a section dedicated to the manumission of slaves, it is not a generic notarial text dealing with the manumission of female slaves. The document is not a manumission form, but one that complements and limits a manumission; in fact, its aim is to impede or overturn the process. The article studies this notarial model in three different contexts: (1) Andalusi kutub al-wathāʾiq , (2) Mālikī legal literature on slavery and (3) notarial model reservation testimonies. Even if, at first glance, it appears to be an unusual legal document, when analysing other Mālikī sources we observe that the text is part of a well-documented tradition with widely accepted legal justification. This model is nevertheless exceptional from a procedural point of view because its legal arguments are based on feelings and refer specifically to the slave's personality, temperament and behaviour as the factors that motivated the legal act. [ABSTRACT FROM AUTHOR] more...
- Published
- 2021
- Full Text
- View/download PDF
23. Concubinage in the Polish Tax Law.
- Author
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Goettel, Aleksy
- Subjects
FISCAL policy ,TAX exemption ,TAX laws ,TAXATION ,CRITICAL analysis ,MATERIALS analysis - Abstract
The main goal of this study is to assess whether, and if so, how the tax policy is implemented in Poland in relation to informal partnerships. The justification for conducting research in this area is the growing number of such relationships and the demands formulated by the public on the principles of taxation of cohabitants. The study analyzes not only taxes on natural persons, but also the provisions governing the principles of tax liability. The research shows that while pro-family tax policy is implemented on a fairly large scale in Poland, it does not apply to cohabitants. In principle, cohabitants do not have the right to any preferential taxation rules, above all tax reliefs and exemptions. Moreover, the analysis of the research material clearly indicates that staying in cohabitation can even aggravate the situation of a cohabitant under tax law (which can be seen perfectly well on the example of a cohabitant's liability for his partner's taxes). On the basis of a critical analysis of the Polish tax law provisions, the general thesis has been formulated that the situation of cohabitants is affected by deep asymmetry, because on the one hand the legislator uses cohabitation to improve the allocation of public revenues, but on the other hand it does not include cohabitants with profamily tax policy (although cohabitation is very similar to marriage). The study includes certain demands on the legislator, thanks to which it is possible to cover cohabitants by pro-family tax policy. [ABSTRACT FROM AUTHOR] more...
- Published
- 2021
- Full Text
- View/download PDF
24. Women’s issue in Su Tong’s novel 'Wives and Concubines'
- Author
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Alisa Andreevna Lobova
- Subjects
Chinese modern literature ,Su Tong ,marriage ,Xinhai Revolution ,concubinage ,women’s issue ,Literature (General) ,PN1-6790 - Abstract
The paper examines Su Tong’s novel “Wives and Concubines” as historical resource to study the position of women in the first quarter of the 20th century in China. Literature is accurate in assessing changes in mentality of society. The process of the women’s role transformation is the most complex and insufficiently studied issue still. The first part of the 20 century Xinhai Revolution overthrew the Qing dynasty and China had a great impact of Western culture. This is the era which the women’s movement also belongs. Even the novel “Wives and Concubines” author shows harsh reality of women from province, where the traditions, sexual politics, gender hierarchies, class are repressed them a lot. Within the narrative of novel women are abused by authority male culture. The Chinese revolution in 1911 didn’t change the main rules that govern society. There was still strong perception of power-related norms in people’s ideology about marriage, traditional role of women is linked to family, limiting the career development and ambitions. Women shall be defined as obedient and dependent in support their husbands even if they sacrifice their own careers. more...
- Published
- 2019
- Full Text
- View/download PDF
25. BATI NİHİLİST TOPLUMLARINDA ORTAYA ÇIKAN YENİ AİLE DÜZENLEMELERİ
- Author
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Fatma Çetin
- Subjects
eşref-i mahlûk ,gayrimeşru aile ,zina ,metreslik ,the noblest of the all creation ,illegitimate family ,adultery ,concubinage ,Philosophy. Psychology. Religion - Abstract
Allah Teâlâ ‘eşrefi mahlûk’ olarak yarattığı insana, güzelle çirkini,iyiyle kötüyü ayırt etme kabiliyeti vermiştir. Bu yüzden insanlardadiğer hiçbir mahlûkatta olmayan din ve ahlak sahibi olmaözelliği vardır.Allah’ın insanlara ilk yaratılıştan beri kötü olarak gösterdiği fiillerdenbiri de zinadır. Bunun için İslamiyet’te zina titizlikle elealınmış ve onun için önleyici ve engelleyici çok sağlam tedbirlergetirmiştir. Evli veya bekâr ayrımı yapmadan, kasıtlı ve nikâhsızolarak yapılan her cinsi ilişkiyi gayr-i meşru ve haram saymıştır.Bundan başka insan tabiatına ters, tiksindirici olan lûtîliğin herçeşidi, ölülerle, hayvanlarla cinsel ilişki, müsahaka ve istimnanınharam kılınması; cinsi ihtiyaçların tabii ve meşru çerçevedekarşılanması, fıtrat ve iffetin korunması, insanlık onurunu zedeleyenher türlü cinsî azgınlık ve sapıklıktan uzak durulmasınınKur’an’ın temel mesajlarından biri olduğu görülür. Çünkü zinaİslam’a göre fert, aile ve toplumu yıkmayı hedef alan büyük birfelaket, bir insanlık suçudur.Hadislerde geçen gözün ve dilin zinası tabirleri ile harama bakmanınve yaygın ahlâk kurallarına uymayan cinsel içerikli sözler söylemeklebaşlayan sürecin zinaya götürme ihtimalinin yüksekliğiniifade eder ve bunlardan sakındırır.Fıkıhta zina suçunun oluşması ve cezalandırılması yanında zinanınönünün kesilmesine yönelik tedbirlerin alınması sayesindeİslâm tarihi boyunca Müslüman toplumlarda zina hem yasakhem de günah ve ayıp sayıldığı için yaygın bir ahlâk sorunu oluşturmamıştır.Araştırmamızda, cinsiyet siyasetinin bir politika olarak ele alındığı,zina ve çeşitlerinin ‘cinsel özgürlük’ kavramı altında normal birilişki gibi kabul edildiği ve günümüzde neredeyse bir baskı aracıhaline getirildiği Batı dünyasında,1 zina fiilinin önlenmesine dairçalışmalar yerine 1980’lerden bu yana, bu ilişkilerden dünyayagelen çocuklar ve bunların ana-babalarına dair düzenlemeye gidilerek,devletlerin Tek Ebeveynli Aile adı verilen oluşumlara destekverdikleri görülmektedir. 2000’li yıllarda ise bu destek lûtîler içinverilmektedir. Bazı Batılı ülkelerin istatistiklerinden elde edilenverilerine göre toplumda zina giderek yaygınlaşmakta, bu yolladünyaya gelen çocuk sayısı her geçen yıl artmakta ve eşcinsellikdüzenlemesi yapılması normal karşılanmaktadır.TU İK istatistiklerinde son yıllarda daha çok boşanma sebebiyleortaya çıktığı gözlemlenen Tek Ebeveynli Aile oluşumunun, Aile,Çalışma ve Sosyal Hizmetler bakanlığının yaptığı çalışmalarda, gayri meşru ilişkilerle alakasının kabul edildiği ve bu aile tipinedestek verildiği görülmektedir.2Bu makalede 21. yüzyılda Batı’da zina fiilini meşrulaştıran bazıaile düzenlemeleri üzerinde durulacaktır. Konu ele alınırken insanınAllah tarafından ‘eşrefi mahlûk’ olarak yaratılması ve HadidSuresi 16. ayette ifade edilen mana göz önünde bulundurulacaktır. more...
- Published
- 2019
26. MADRE DE RELIGIOSOS, ABUELA DE SANTOS. LAS RELACIONES FAMILIARES DE DOÑA ANA DE GURREA (1528), AMANTE DE UN ARZOBISPO EN EL RENACIMIENTO ESPAÑOL.
- Author
-
ELIPE, Jaime
- Abstract
Copyright of Studia Histórica: Historia Moderna is the property of Ediciones Universidad de Salamanca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.) more...
- Published
- 2021
- Full Text
- View/download PDF
27. "I Do Want to Be a Good Woman Once": Louisiana's Civil Code of 1870 and the Denied Lagniappe in Alice Dunbar-Nelson's "Tony's Wife.
- Author
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De Rosa, Deborah
- Subjects
- *
LEGAL status of unmarried couples , *MARRIAGE , *EMIGRATION & immigration , *CONCUBINAGE - Abstract
The article presents the 1899 novel "Tony's Wife" by Alice Dunbar-Nelson to discuss topics like the Civil Code of 1870 in Louisiana, the migration of Germans, Irish, and Italians to New Orleans, Lousiana in the 19th century, and the emotional and physical abuses experienced by married women. Also cited are the common law marriage in the state, and the code's definition of cohabitation as concubinage. more...
- Published
- 2021
- Full Text
- View/download PDF
28. The Marital Behavior of the Population in the Republic of Kalmykia: the Main Social Trends at the Beginning of the XXI Century
- Author
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B. Nuskhaeva
- Subjects
marital behavior ,marriage ,divorce ,marriage status ,family ,concubinage ,History (General) ,D1-2009 ,Oriental languages and literatures ,PJ - Abstract
In recent years, the marital, sexual and reproductive behavior of Russians have undergone profound social changes. The major features of these changes are the rise of the average marriage age, the spread of cohabitation, the increase in the divorce rate, as well as high non-marital birth rate. Not surprisingly, Kalmykia as a subject of the Russian Federation is no exception here and has seen a number of changes in marital behavior. In this regard, on the basis of the statistical data analysis the author highlighted the main social trends in marital behavior of the population in Kalmykia. The first decade of the XXI century was marked by the increase in the number of marriages but in recent years the number of marriages has slightly declined. One of the modern trends popular nowadays is the increase in the age of marriage. According to the calculations made by the Civil Registrar’s Office of the Republic of Kalmykia, the average marriage age in 2013 was 29, 67 years for men and 27, 52 years for women. At the same time there is a growing number of international marriages and decreasing number of marriages between persons who have not attained their majority. Among the negative trends one can find the increase of divorce rates in the republic. As it is seen from the data of the Civil Registrar’s Office of the Republic of Kalmykia, the majority of divorces occur in families who have lived 3-10 years, and women more often become initiators of the separation than men. Another trend is the growth of unregistered marriages. As a result of the statistical data analysis, the author concludes that the main social trends in marital behavior of the population of Kalmykia are, in general, peculiar to those of Russian ones. The conducted in 2007 survey of young people shows a different attitude towards divorce, the birth of children out of wedlock, and sexual relationships of adolescents. A vast majority of respondents strongly disapproved of sexual relationships of adolescents, whereas their attitude towards children born out of wedlock as well as the divorce still remains ambiguous. more...
- Published
- 2018
29. KSWJ The Canon 8 of Nicea and the Legal Status of the Adulterer. A Review in the Light of the First Conciliar Literature.
- Author
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Iniesta, Javier Belda
- Subjects
- *
STATUS (Law) , *HISTORICAL source material , *ADULTERY , *WELL-being , *SACRAMENTS , *SOCIAL context - Abstract
This study intends to offer a historical-legal overview of the conciliar ecumenical and local texts and of the canonical sources of the ius antiquum Concerning the concubinage and the adultery and the admission of the people in this situation to the sacraments. Through an utroquistic reading of the sources and of the related historical, social and legal context, a historiographic analysis of the topic will be proposed by demonstrating that the admission of the concubinaries or adulterer to the sacraments does not constitute a form of abuse or violation of Tradition; on the contrary, the sources analysed constitute proof of the ability of the Church of the first millennium -whose ambitions are not distant from the one of the Church of today - to include in a harmonious dialogue between Justice and Mercy the problems and the concerns that are present in the society of a specific historical moment, always having the social and the spiritual well-being of the community of the faithful as its aim. [ABSTRACT FROM AUTHOR] more...
- Published
- 2021
30. Race, Slavery and Domesticity in Late Qajar Chronicles.
- Author
-
DeSouza, Wendy
- Subjects
- *
SLAVERY , *RACISM , *SCHOLARSHIPS , *SOCIAL history ,QAJAR dynasty, Iran, 1794-1925 - Abstract
This article examines cultural attitudes on race and African slavery in late Qajar chronicles prior to abolition in 1929. In contrast to previous scholarship, Qajar textual sources reveal that elite cultural attitudes were relevant in structuring the social conditions of enslavement in Iran. Visual depictions and narratives about African eunuchs and concubines naturalized the violent acquisition and use of the Other. Slave narratives also bear witness to how such views of African corporeality determined the social worth of eunuchs and concubines in the domestic sphere. [ABSTRACT FROM AUTHOR] more...
- Published
- 2020
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31. İSLÂMLAŞMA SÜRECİNDE TÜRK HALK KÜLTÜRÜNDE CARİYELİK.
- Author
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YÜREKLİ, Tülay
- Subjects
SLAVE trade ,MUSLIMS ,ISLAMIC countries ,FOLK culture ,LABOR supply - Abstract
Copyright of Religious Studies / Dini Araştırmalar is the property of Diyanet Isleri Baskanligi Yayinlari and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.) more...
- Published
- 2020
- Full Text
- View/download PDF
32. Editorial Note: Suffrage and Beyond: Celebrating Women's History.
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Camiscioli, Elisa and Quataert, Jean H.
- Subjects
- *
WOMEN'S suffrage , *CONCUBINAGE , *HUMANITARIANISM - Abstract
An introduction is presented in which editor discusses various articles within the issue on topics including women's suffrage, contradictory afterlives of concubinage in Chinese society and transnational humanitarian practice child rescue during the Spanish Civil War. more...
- Published
- 2020
33. CLERICUS RECIDIVANS AD CONCUBINATUM DIVINAE MISERICORDIAE DICITUR IRRISOR. BRIEF REMARKS ON THE ‘RELAPSE’ INTO ECCLESIASTICAL CONCUBINAGE LEADING UP TO THE COUNCIL OF TRENT
- Author
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Stefania T. Salvi
- Subjects
clero ,concubinato ,misericordia ,recidivatio ,Concilio di Trento ,cleric ,concubinage ,mercy ,Council of Trent ,Law - Abstract
Nell’austero clima della Controriforma il giurista francese Bermond Choveron affrontava lo specifico tema della “recidivatio clerici concubinarii”, sintetizzando, nel suo trattato sul pubblico concubinato, i sette pericula insiti nella ‘ricaduta’ in questo grave peccato. Il richiamo al concetto di misericordia offre lo spunto per analizzare, in modo necessariamente sommario, alcuni aspetti della disciplina canonistica, sviluppatasi in materia nel corso dei secoli, attraverso le coordinate della divina misericordia e del perdono, di cui il chierico concubinario, più volte ammonito e ‘recidivo’, non pare degno secondo il menzionato trattato cinquecentesco. In the austere times of the Counter-Reformation, the French jurist Bermond Choveron tackled the specific topic of “recidivatio clerici concubinarii” in his treatise on public concubinage, wherein he summarized the seven inherent pericula that clerics would face should they ‘relapse’ into this grave sin. His reference to the concept of misericordia is a chance to analyze, albeit briefly, some aspects of the canonical doctrine that developed around this issue over the centuries, with a specific focus on divine mercy and forgiveness. Indeed, according to this 16th-century treatise, a ‘recidivist’ concubinary cleric who had already been admonished several times before deserved neither mercy nor forgiveness. more...
- Published
- 2017
34. Family ethics and philosophy of love in Kant’s Lectures on Ethics
- Author
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Sudakov A. K.
- Subjects
love ,satisfaction ,benevolence ,vital love ,instrumentalisation ,concubinage ,deduction of matrimony ,Philosophy (General) ,B1-5802 - Abstract
This article considers Kant’s deliberations on the essence and varieties of human love, based on the Lectures on Ethics. Kant distinguished between the love of benevolence (ethical love) — a commitment to the other’s wellbeing (discussed in Kant’s other ethical writings) — and a love of delight (aesthetical love), further divided into the sensual and intellectual love. The sensual love of delight is identified with sexual love. The intellectual love of delight eludes definition, since such delight is difficult to perceive. The collision between vital and moral love results in a need to examine under what conditions relations between the sexes are compatible with morality. Such an examination is taking the form of an ethical and legal deduction of matrimony. Kant’s proof of the moral unacceptability of concubinage given in the Lectures is based on the ethical (‘its purpose is merely that one party allows their person to the other for enjoyment’) rather than formal considerations (an allegedly unequal contract). The moral contradiction of mutual objectification and instrumentalisation of free persons in matrimony is on the surface of Kant’s deduction. The moral prohibition of instrumentalisation rules out family ethics and family law. However, the root of all evil is not solely this circumstance. A morally illegitimate union of concubinage is formed to attain the subjective ends of a hedonistic individual and it does not contradict the ends of the human race. Therefore, such a deduction (unlike that presented in the Metaphysics of Morals) has to make a transition from strategies to maxims. In effect, the deduction rests on the question as to which form of delight should lie at the foundation of a matrimony. The ethical problem is solved beyond the realm of ethics — a morally acceptable union of the sexes can be based only on aesthetic delight within the element of beauty. more...
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- 2017
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- View/download PDF
35. Una aproximación a dos casos de amancebamiento cacical (Cajatambo, 1605 y1607)
- Author
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Jorge Luis Rojas Runciman
- Subjects
Concubinage ,incest ,church ,canon law ,negotiation. ,Education (General) ,L7-991 ,Social sciences (General) ,H1-99 - Abstract
The objective of this article is thestudy of incestuous concubinagethat waspracticed by two chieftains and what kind of interest (social, economics and politics) wasbehind the toleranceshown to this delict. Although these cases had their origins in Cajatambo, each one presents its own logic because of the local dynamicsthat they live in. more...
- Published
- 2017
36. Tehran metropolis and the emergence of symptoms of new form of the Male-Female Relationships; The study of the fields, processes and consequences of cohabitation
- Author
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M. Golchin and S. Safari
- Subjects
new form of relationship ,non-marital cohabitation ,concubinage ,white marriage ,History of scholarship and learning. The humanities ,AZ20-999 ,Social sciences (General) ,H1-99 - Abstract
Nowadays, we can see a new form of relationships between males and females, called non-marital cohabitation (concubinage) that is known as”white marriage” in Journalistic literature and Speaking Some youth . It seems that such a new lifestyle emerges from most of the large metropolitan areas. In this article we have tried to obtain more understanding about the effective reasons and backgrounds in the couple’s decision, who attempted to form such a relationship (non-marital cohabitation), the process that is involved in, and finally the consequences that they have actually experienced or confronted. Using the free and depth-interview techniques as well as grounded theory, data were gathered and analyzed from 16 cohabited couples. After analyzing the research findings, categories that are consequences of this lifestyle are as follow: “reduction in family’s function and importance”, “migration”, “Tehran city without supervision” as a contextual conditions, “Negative attitudes to customary marriage”, “feminist beliefs” and “lack of faith and adherence to religious values” as a Caused conditions, “Involved in romance”, “become familiar with cohabitation” as an interferer conditions, “cohabitation as an equal relationship”, “cohabitation as a relationship with an open end”, “satisfactory experience of this lifestyle”, “internal obstacles relations”, “external limitation of the relationship” as an interactions, “endure the disadvantage of relation’s termination” and "marriage or promise to marry in order to overcome the external obstacles". Finally, the concept of " cohabitation fleeting relationship of modern conflict with traditional values in the context of the Tehran metropolis" was chosen as a core category". more...
- Published
- 2017
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37. Concubinato y matrimonio regio: Teresa Gil y María de Molina
- Author
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De las Moras Robledo, Noelía, Esteban Recio, María Socorro Asunción, Universidad de Valladolid. Facultad de Filosofía y Letras, De las Moras Robledo, Noelía, Esteban Recio, María Socorro Asunción, and Universidad de Valladolid. Facultad de Filosofía y Letras more...
- Abstract
El concubinato y el matrimonio constituyen dos instituciones que delimitaron las relaciones entre la nobleza y los reyes a lo largo de la Edad Media, época durante la cual ambas fueron empleadas como mecanismos de promoción y prestigio social. Dicho esto, el presente trabajo tiene el objetivo de acercarnos a este tipo de relaciones sociales en los años bajomedievales en el territorio de la Corona de Castilla. Para ello se ha hecho un estudio comparativo de dos prestigiosas figuras femeninas en la memoria ciudadana de Valladolid: Teresa Gil y María de Molina., Concubinage and marriage constitute two institutions that delimited the relationships between the nobility and kings throughout the Middle Ages, period in which both were used as a mechanism of promotion and social prestige. That being said, this paper has the objective of explaining these types of social relations during the late medieval decades in the territory of the Crown of Castile. To achieve this, a comparative study has been done using two prestigious female figures in the urban consciousness of Valladolid: Teresa Gil y Moría de Molina., Grado en Historia more...
- Published
- 2023
38. The Model Family Code and the regulation of Polish Family Law
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Sokołowski, Tomasz and Sokołowski, Tomasz
- Abstract
The paper presents the comparison between the principles of Model Family Code and the regulations Polish family Law. The main questions are connected with the sources of Family Law, the recognition of the clause on “a child’s welfare”, the scope of State’s protection of families and family life and the influence of the European Court of Human Rights’ jurisprudence. In addition, the analyse takes into account the definitions of marriage, concubinage and partnership in connection with the protection of privacy and family life. On the area of divorce regulation the main analyse are connected with the alternative dispute resolution (ADR), parental authority, joint custody and contacts with common child, and financial consequences of dissolution of marriage. At last are analysed the descent of a child, alimentation, adoption the new institution of child’s advocate. more...
- Published
- 2023
39. Al-Ḥakam I in the Andalusi Sources: His Slaves, Eunuchs, and Concubines
- Author
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Ministerio de Ciencia e Innovación (España), Puente, Cristina de la [0000-0002-2407-0076], Puente, Cristina de la, Ministerio de Ciencia e Innovación (España), Puente, Cristina de la [0000-0002-2407-0076], and Puente, Cristina de la more...
- Abstract
Al-Ḥakam I (154-206 AH/771-822 CE) is one of the most controversial characters in the history of al-Andalus. Despite the fact that the extant chronicles of the Umayyad emirate and caliphate in al-Andalus are fundamentally pro-Umayyad, their authors nevertheless depict the emir as a cruel and pitiless character and are never at a loss in finding harsh terms to describe his political and military actions. The personality of the emir is especially evident in the descriptions that the chronicles make of his treatment of the slaves in his court. Firstly, this article seeks to underline the importance that slaves had in the court of al-Ḥakam and, secondly, it provides an analysis of the historians’ depictions of the emir based on the relationship he had with both his male and female slaves. Even though slaves in the Umayyad court have often been treated as secondary characters, their role is fundamental both in the narration of events and in the portrayal that Arab historians present of the sovereigns. more...
- Published
- 2023
40. Konkubinat - izvanbračna zajednica u rimskom pravu s osvrtom na suvremeno hrvatsko pravo
- Author
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Košutić, Paula, Karlović, Tomislav, Šimović, Ivan, and Held, Henrik-Riko
- Subjects
legal effects of cohabitation ,Digesta ,cohabitation ,concubinage ,Roman law - Abstract
Institucija braka smatra se jednom od najvažnijih socijalnih ustanova koja svoje korijene povlači još iz razdoblja rimskog prava, naročito u smislu braka kakav se sklapa u društvima pripadnima judeo-kršćanskoj tradiciji. Iako je i u suvremenom dobu veoma značajna ta institucija, ona ipak nema jednaku važnost zbog postojanja alternativne zajednice zvane izvanbračna zajednica, s jednakim pravnim učincima, a u kojoj osobe mogu ostvariti svoju potrebu za bliskošću. Kako se može reći da brak ima temelje u rimskoj pravnoj tradiciji, tako se na sličan način može reći da suvremena izvanbračna zajednica dijeli sličnosti s odgovarajućom zajednicom u rimskoj pravnoj tradiciji, zvanoj konkubinat. Precizno vrijeme nastanka instituta konkubinata teško je utvrditi. Taj institut gotovo da i nije bio spominjan sve do Plautovih književnih tekstova, dok je tek bračnim zakonodavstvom cara Augusta konkubinat stekao pravnu relevantnost, iako doduše u biti tek usputno i posredno. Zbog toga je na pravnicima klasičnog doba bio zadatak protumačiti doseg i dati svoje poimanje konkubinata te kome bi bilo dozvoljeno biti u takvoj zajednici, a s obzirom na Augustove zakone kojima su uvedene mnoge zabrane vezane uz sklapanje braka. Zabrane su otvorile put konkubinatu kao zajednici koja je bila alternativna braku, ali nije dijelila pravne učinke braka. Naime, konkubina i djeca rođena u konkubinatu nisu imali prava kakva su imali supruga i djeca rođena u braku, a koja su se ponajviše odnosila na nasljedstvo. Tek u postklasičnom razdoblju su carevi uveli institut kojim bi se omogućilo da i djeca rođena u konkubinatu imaju pravo na nasljedstvo, legitimatio. Iako se možda na prvu čini kao da su konkubinat u rimskoj pravnoj tradiciji i izvanbračna zajednica u suvremenom hrvatskom pravu slični, oni su poprilično različiti u pogledu učinaka. Iako je kod oba instituta riječ o monogamnoj trajnoj zajednici života muškarca i žene, sličnosti tu staju. Razlike postoje u razlogu ulaska u te zajednice; dok je u rimskom pravu takva zajednica bila proširena zbog mnogih zabrana sklapanja braka koje su uveli Augustovi zakoni, u Republici Hrvatskoj osobe ulaze u izvanbračnu zajednicu jer to žele, a ne zato što im je zabranjeno sklopiti brak. Razlike su vidljive i u učincima koje proizvode ti instituti. U Republici Hrvatskoj su izvanbračna djeca izjednačena s bračnom (osim prilikom utvrđivanje očinstva), što znači da imaju pravo na uzdržavanje i nasljedno pravo kao i bračna djeca. Isto tako, izvanbračni drug je izjednačen s bračnim drugom u pogledu imovinskih odnosa, uzdržavanja, ali i nasljednog prava., The institution of marriage is considered as one of the most important social institutions that traces its roots to the period of Roman law, especially in the sense of marriage as contracted in the societies based on Judeo-Christian tradition. Although this institution is still very important in the modern age, its importance is not as high as before due to the existence of an alternative union called cohabitation, with equal legal effects, in which people can realize their need for closeness. Just as it can be said that marriage has its legal foundations in Roman law, it can similarly be said that the contemporary cohabitation shares similarities with the corresponding union in the Roman legal tradition, called concubinage. It is difficult to determine the precise time of the establishment of concubinage. The institute was hardly mentioned until Plaut's literary texts, while it acquired legal relevance only with the marital legislation of Emperor Augustus, and then only incidentally and indirectly. Because of that, the jurists of the classical had a task of interpreting the limits of concubinage and to give their understanding of the concept of concubinage and who would be allowed to be in such a union, considering the Augustus’ laws which introduced many prohibitions related to marriage. The prohibitions paved the way for concubinage as a community that was an alternative to marriage, but did not share legal effects of marriage. Namely, the concubine and the children born in concubinage did not have the same rights as the wife and the children born in marriage, which mostly related to inheritance. It was only in the post-classical period that the smperors introduced institute which would allow children born in concubinage to have the right to inheritance, the institute of legitimation. Although at first it may seem that concubinage in the Roman legal tradition and cohabitation in modern Croatian law are similar, they are quite different in terms of legal effect. Although both institutes are monogamous permanent unions of a man and a woman, the similarities end there. There are differences in the reasons for entering such unions; while in Roman law such union was widely used due to many prohibitions related to marriage imposed by the laws of Augustus, in the Republic of Croatia people enter into a cohabitation because they want to. Differences are also visible in the legal effects produced by these institutes. In the Republic of Croatia, all illegitimate children are equal to children born in marriage (expect when establishing paternity), which means that they have the same right to maintenance and inheritance rights as children born in marriage. Likewise, an extramarital partner is equal to a spouse in terms of property relations, maintenance and inheritance rights. more...
- Published
- 2023
41. Sex, Military Brothels and Gender Violence during the Italian Campaign in the USSR, 1941–3.
- Author
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Pannacci, Raffaello
- Subjects
- *
BROTHELS , *CONCUBINAGE , *WORLD War II ,ITALIAN history, 1922-1945 - Abstract
During the Italian occupation in the USSR, the soldiers of Italian Armed Forces often had relationships with Soviet women, opposed by the authorities for motives of politics and security. Some of the officers openly practised concubinage, in contrast to the racism expressed on that campaign. The authorities in situ also decided to open brothels for the troops, filled with local women, in order to avoid both enemy espionage and the spread of venereal disease. As for the Germans in the USSR, the organization of brothels was difficult from the start due to the absence among the civilians of a 'prostitution outlook' and to the inexperience of the women, who at best offered to work out of hunger. Sexual crimes were also committed then, facilitated by the conflict's climate and often disregarded by military justice, which had other priorities. Such aspects of the Italian occupation in the USSR have been superficially studied, in part because they are at odds with the collective imagination and a national awareness based on war memoirs and military publications, often reticent on the more inconvenient aspects of the Italian presence abroad during the Second World War. [ABSTRACT FROM AUTHOR] more...
- Published
- 2020
- Full Text
- View/download PDF
42. Cherchez la femme? Fadia in Plutarch's Life of Antony.
- Author
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Tatum, W. Jeffrey
- Subjects
MARRIAGE ,BIOGRAPHERS - Abstract
In his Philippics Cicero more than once refers to Fadia, whom he depicts as Antony's wife, and to the children she bore him. He also discusses Fadia in his correspondence with Atticus. Plutarch was aware of the Philippics and much of Cicero's correspondence, and therefore of Fadia, and yet, in his Life of Antony, he says nothing about her. This paper examines three possible explanations for the biographer's silence: (i) an informed sensibility regarding the historical value of invective; (ii) the narrative design of this Life and its contribution to Plutarch's characterisation of Antony; (iii) Plutarch's (disturbing by contemporary standards) disapproval of an aristocrat's siring children on women of the lower orders – even by way of legitimate marriage or concubinage. It is, it appears, the ensemble of these factors which excludes Fadia from Plutarch's biography, and the pertinence of each adds to our appreciation of Plutarch's biographical principles. [ABSTRACT FROM AUTHOR] more...
- Published
- 2020
- Full Text
- View/download PDF
43. MARRIAGE ACROSS BOUNDARIES: MIXED MARRIAGES AT THE SUPREME SHARIA COURT IN HABSBURG BOSNIA AND HERZEGOVINA.
- Author
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Bumann, Ninja
- Subjects
INTERFAITH marriage (Islamic law) ,ISLAMIC customs & practices ,ISLAMIC law ,ISLAMIC courts - Abstract
Copyright of Historical Searches / Historijska Traganja is the property of Institute for History, University of Sarajevo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.) more...
- Published
- 2020
- Full Text
- View/download PDF
44. St. Augustine's Personal Experience of Marriage and Family and his Influence on the Theology of Marriage.
- Author
-
Ozorowski, Mieczysław
- Subjects
MARRIAGE ,THEOLOGY ,CHRISTIANS ,LATIN rite (Catholic Church) ,HUMAN sexuality - Abstract
This study presents St. Augustine's personal experiences related to marriage and family that eventually influenced his views on these topics. Augustine of Hippo is considered one of the greatest theologians of the ancient Christian world. Although he was unmarried, he was born into a Christian family and experienced what it was like to live with a woman in a quasi-married state before he converted to Catholicism. Augustine left behind a large body of writings dedicated to the topics of marriage and family. Even though these works do not constitute a coherent treaty on marriage and family, they do shed light on these issues. They also reflect the current and pressing problems that affected not only St. Augustine but also the people of his time. St. Augustine's views on marriage and family have had an immense influence on the entire Latin Church's position on these issues. In this regard, the primary source that contains a lot of biographical information is Augustine's Confessions. This study is made up of two parts. Part I describes Augustine's childhood experiences and family life. Part II describes youth and his experience living with a female concubine. This original study presents the sources of St. Augustine's views on human sexuality and his relationship with his family. [ABSTRACT FROM AUTHOR] more...
- Published
- 2020
- Full Text
- View/download PDF
45. The Duke's Favourites: Towards a Gendered View of the Politics of Concubinage at the Early Modern Court.
- Author
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Maritz, Regine
- Subjects
- *
CONCUBINAGE , *MISTRESSES , *DUKES (Nobility) , *DUCHESSES (Nobility) , *GERMAN history - Abstract
Mistresses at the early modern court have only recently been discovered as subjects of political history. They are now increasingly discussed alongside male favourites, and while this essay welcomes this development, it also argues that this should not result in the degendering of the practice of concubinage. The upkeep of extramarital relationships was not a viable option for ruling women, and if they transgressed this cultural norm, they were sanctioned severely, as is illustrated by case of Sophie Dorothea of Celle. Such a clear gendering of a specific practice indicates that there was power at stake. Here it is argued that we can only fully appreciate the political dimension of concubinage if we broaden our perspective beyond the mistress-ruler relationship to include the political configuration of the ruling 'working couple', which was of crucial importance specifically at Protestant German-speaking courts. The comparison of a male favourite and a female favourite in the duchy of Württemberg exemplifies how both these actors could recalibrate specific configurations of power in ways that departed from the God-given order of governance and thus induce anxiety in contemporaries. Female favourite Magdalena Möringer took on functions of the local duchess and thus helped the duke concentrate power in his person by breaking up the deeply rooted assumptions about the collaborative labour of ruling couples that were influential in early modern Germany. [ABSTRACT FROM AUTHOR] more...
- Published
- 2019
- Full Text
- View/download PDF
46. REFLECȚII PE MARGINEA REPARĂRII PREJUDICIULUI CONSTÂND ÎN VĂTĂMAREA INTERESELOR. OBSERVAȚII CRITICE.
- Author
-
NECULAESCU, SACHE
- Subjects
LAW reform ,CONTRACTS ,CIVIL law ,CRIMINAL law ,CRIMINAL liability ,TORT theory - Abstract
The question of whether criminal liability can be engaged only in the case of the violation of a subjective right or whether it operates also when a simple legitimate interest is violated, without being enshrined as a subjective right, has always preoccupied the doctrine of civil law. The discussions were amplified on the background of the evolution of the law of the criminal civil liability, from a law oriented towards the sanctioning of the guilty perpetrator, to an indemnity law, increasingly inclined towards the interests of the victim who suffers from the unjust harming of his subjective rights, but also of the legitimate interests, those which, without being consecrated, cannot be tolerated by the legal order. The debate has become increasingly animated, in the context of the proliferation of claims that aspire to compensation, under the pressure of unprecedented diversification of human rights and fundamental freedoms, making traditional good morals increasingly relaxed. This explains the tendency of many modern codifications to include them in the broader concept of public order, as a component thereof. Even the French, known for their refusal, sometimes expressed manifestly, to adopt modern solutions, have agreed to reform their Civil Code, through the Ordinance on the reform of the contract law of 10 February 2016, by relating contractual freedom only to public order. The present study intends to critically examine the configuration of the legitimate interest, seen in its double state as a condition of exercising a court action, but also as a prerequisite to repair the prejudice suffered by the victim of the harming of the interest of another, within the criminal liability, according to the legal provision in Article 1359 of the Civil Code. As the new legal provisions prove to be perfectible, the present paper advances also a number of observations, as well as proposals de lege ferenda, with the conviction that their current form requires serious efforts to interpret them, to the detriment of a case law that wants to be unitary, as well as in order to harmonize the current Civil Code with the European orientations evoked in this paper, with a view to building a European law of civil obligations. The fact that the doctrine invoked in this paper is predominantly French has as an explanation the fact that the problems connected with the chosen subject represented an object of analysis of some important civil law works within this legal area, through which a more extensive and more nuanced case law was used on this theme, taken over by the Romanian law in the matter. [ABSTRACT FROM AUTHOR] more...
- Published
- 2019
47. 'The barbarians themselves are offended by our vices': Slavery, sexual vice and shame in Salvian of Marseilles' De gubernatione Dei.
- Author
-
de Wet, Chris L.
- Subjects
- *
SLAVEHOLDERS , *SLAVERY , *NON-monogamous relationships , *CONCUBINAGE - Abstract
The purpose of this article is to examine Salvian of Marseilles' (ca. 400–490 CE) invective in De gubernatione Dei against his Christian audience pertaining to their sexual roles and behaviour as slaveholders. It is argued that rather than considering the oppressive practice of slavery in itself as a reason for moral rebuke and divine punishment, Salvian highlights the social shame that arose from the sexual vices Christian slaveholders committed with their slaves. Salvian forwards three accusations against his opponents that concern slavery and sexual vice. Firstly, he asserts that Christian slaveholders have no self-control. Secondly, the polyamorous relationships slaveholders have with numerous slaves resemble shameful and adulterous unions, namely concubinage and even polygamy. Thirdly, Roman-Christian slaveholders behave in a worse manner than barbarians (i.e. the argument of ethnicity). Each of these accusations is examined in detail in the study. [ABSTRACT FROM AUTHOR] more...
- Published
- 2019
- Full Text
- View/download PDF
48. Le concubinage en droit de l'aide sociale : qui prend la mère prend l'enfant ?
- Author
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Saulier, Maïté and Droit2HAL, Projet
- Subjects
Aide sociale ,[SHS.DROIT] Humanities and Social Sciences/Law ,Concubinage ,Allocation de soutien familial ,Effets - Published
- 2023
49. A triune community: Fichte’s family law against the background of Kant’s practical philosophy (II)
- Author
-
Sudakov A.
- Subjects
marriage ,divorce ,separation ,concubinage ,compulsion ,love ,legal personality ,honour ,Kant ,Fichte ,Philosophy (General) ,B1-5802 - Abstract
Based on Fichte’s Foundations of Natural Right recently published in Russian for the first time, this article investigates the logic and basic statements of Fichte’s theory on family law. The second part of the study considers Fichte's theory of marriage law as compared to Kant’s legal doctrine. Both the union and separation of marriage partners is viewed by Fichte as a phenomenon of the internal life and an element of personal freedom, hence the role of clergy in this field. In Fichte’s theory, special attention is paid to the nature and legal effects of a legitimate divorce interpreted based on his moral anthropology of sexes as a moral fact and a legal status. A divorce, once accomplished in the moral substance, transforms the personal union of family partners into a concubinage, which is seen considered in an essentially non-Kantian way. Against the background of these concepts, the article deals with questions of what the state has to protect and what it is entitled to punish in the domain of marriage. more...
- Published
- 2015
- Full Text
- View/download PDF
50. SITUACIÓN JURÍDICA DE LOS CONCUBINATOS O UNIONES MARITALES DE HECHO EN EL DERECHO INTERNACIONAL. CONTEXTOS MÉXICO-RUMANIA.
- Author
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VILLA GUARDIOLA, Vera Judith
- Abstract
When trying to delve into the particular study of the rules in force that regulate the institution called cohabitation in countries like Mexico or as marital unions de facto in other countries, it is very interesting to know the international regulations that are accepted as the guiding framework of all rights, in different countries of the world. The present article intends to reveal the state of unprotection that in the international scope is verified to the rights of the concubines and therefore the need to unify regulatory legal criteria of these unions from the international scope. [ABSTRACT FROM AUTHOR] more...
- Published
- 2018
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