著者
佐藤 美和
出版者
お茶の水女子大学ジェンダー研究センター
雑誌
ジェンダ-研究 (ISSN:13450638)
巻号頁・発行日
no.11, pp.91-105, 2008-03

In this paper, I show importance of interpreting legalization of same-sex partnerships as a process of "the politics of recognition" for gay and lesbian, through featuring on the argument about legalization of partnerships in U.S.A. In the first section, I survey evolution of lawsuits to demand the right to marry for same-sex couples, from that in 70's to Goodridge decision of the Massachusetts Supreme Court in 2003. From Beahr decision of the Hawaii Supreme Court in 1993 to Goodridge decision, judgments to recognize the right to marry for same-sex couples continued. Then followed those decisions, the problem of same-sex marriage was focused as a political problem and the backlash by conservative groups broke out. I explore such phenomenon by introducing the perspective of "the politics of recognition", propounded by C. Taylor. Then I urge importance of consideration to the essential of the politics of recognition: that is not only an achievement of equal rights but a demand for transformation of majority itself. Therefore, it is a process achieving equality accompanied with social understanding and transformati\on not raising a single acquisition aim to call "marriage".
著者
佐々木 満実
出版者
お茶の水女子大学ジェンダー研究所
雑誌
ジェンダー研究 = Journal of gender studies, Ochanomizu University : お茶の水女子大学ジェンダー研究所年報 (ISSN:13450638)
巻号頁・発行日
no.20, pp.87-100, 2017-03

"Marriage" has been defined as a socially recognized spouses'union or legal\relationship between spouses. However, in the Qin Dynasty and the early Han\Dynasty of China, the word " 夫妻(spouses)" had ambiguous meanings even in\legal documents, and even couples in relationships that were not yet authorized\by their society were called " 夫妻(spouses)". It is assumed that the word had\three meanings: one was a relationship built on a private promise, another was a\relationship built by social recognition, and the third was a relationship built by\state authorization.\ Up to now, whether "marriages" in ancient China needed permission\from the government or not has been discussed. However, in consulting\some excavated material, this study proposes that "marriage" did not require\permission from the government. Nevertheless, the government guaranteed the\right of people's marital relationship, and regulated it. The structure of "family"\of that period was different from our modern "family", so we should consider\afresh how to interpret the word " 婚姻(marriage)" and " 夫妻(spouses)" in\regards to the regionality and the era.