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law

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Journal Article
positions (2014) 22 (3): 603–633.
Published: 01 August 2014
...Ying Xing At a time when professional law firms have widened the gap between the legal system and grassroots social life, “barefoot lawyers,” part-time legal workers in villages and towns, are paving the ways for people to “approach justice.” The emphasis on “welcoming law into the countryside...
Journal Article
positions (2009) 17 (2): 289–314.
Published: 01 May 2009
...Chao-ju Chen What does the nation mean to women? How does the law draw national borders, and in what way is it gendered? This paper examines the ways in which women are related to the nation in Taiwan by discussing the legal regulation of nationality. Historically and contemporarily, the decisive...
Journal Article
positions (2009) 17 (2): 375–410.
Published: 01 May 2009
... narrative. The main argument is about what I call a “representation crisis,” the deep feeling that both language and narrative have lost their referent in the post-martial law cultural state in Taiwan. I point out that these writers' mistrust of official histories leads to an inward turn toward personal...
Journal Article
positions (2010) 18 (2): 489–510.
Published: 01 May 2010
... apparatus had no clear stipulations on sex between men. Duke University Press 2010 Male Same-­Sex Relations in Modern China: Language, Media Representation, and Law, 1900 – 1949 Wenqing Kang In China during the first half of the twentieth century, the issue of male...
Journal Article
positions (2021) 29 (3): 469–493.
Published: 01 August 2021
... 2021 child welfare parental rights kinship law Japan The train was crowded, and Sato Yasuhiro and I swayed as we stood clutching the handholds dangling from a bar above our heads. 1 Sato worked in the welfare division of a large southern city in Japan at the local child guidance center...
Journal Article
positions (2021) 29 (3): 551–579.
Published: 01 August 2021
... of lesbian co-mothers to secure vital legal guarantees for the families they create through intentional childbearing. As pioneers who have formed families in a legal vacuum, these parents harbor deep hopes for what law will offer but simultaneously doubt that legal reforms will guarantee the rights...
Journal Article
positions (2021) 29 (3): 523–549.
Published: 01 August 2021
...Allison Alexy Abstract In contemporary Japan, police and law enforcement are often reluctant to assist in family conflicts. In practice, law enforcement and the family law system offer little assistance for people struggling with family conflicts in particular, following the logic that “law does...
Journal Article
positions (2022) 30 (1): 9–34.
Published: 01 February 2022
... policy is absolutely continuous with other reforms across economic sectors (agricultural responsibility systems and urban enterprise reforms) and discontinuous with anything we might understand as population management in the period 1949–76. The “law of value debate” in 1979, which “resolved” a long...
Journal Article
positions (2022) 30 (1): 137–158.
Published: 01 February 2022
...Thomas Chen Abstract Against the background of the growing effort in the Xi Jinping era to sinicize democracy and rule of law, much critical attention has surrounded Chinese models of governance variously conceived as “humane authority” and “political meritocracy.” What is missing from...
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Journal Article
positions (2021) 29 (3): 607–632.
Published: 01 August 2021
... 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...
FIGURES
Journal Article
positions (2021) 29 (3): 453–468.
Published: 01 August 2021
...Seung-kyung Kim; Sara L. Friedman Copyright 2021 by Duke University Press 2021 This content is made freely available by the publisher. It may not be redistributed or altered. All rights reserved. Recent decades have brought tremendous change to families, and the laws governing families...
Journal Article
positions (2000) 8 (1): 201–233.
Published: 01 February 2000
...Law Wing-sang 2000 by Duke University Press 2000 Northbound Colonialism: A Politics of Post–PC Hong Kong Law Wing-sang A year before the 1997 handover, I read with amusement an article in an entertainment magazine describing the political attitudes...
Journal Article
positions (2010) 18 (2): 537–554.
Published: 01 May 2010
...Josephine Chuen-juei Ho Since the lifting of martial law in 1987, Taiwan has prided itself on steady progress toward liberal democracy with an ever-broadening understanding of human rights that now allegedly includes the rights of gays and lesbians. Yet at the same time, under the child-protection...
Journal Article
positions (2021) 29 (3): 495–521.
Published: 01 August 2021
...Sungyun Lim Abstract This article examines false registration as a method of domestic adoption in South Korea. The article argues that the practice of falsely registering adoptees as natural births in the family registry emerged in response to the highly restrictive adoption laws in South Korea...
Journal Article
positions (2023) 31 (4): 893–918.
Published: 01 November 2023
... blanket amnesty laws and libel laws. Additionally, unreleased archival materials are restricted from public release by copyright law. Audiovisual and documentary evidence for counter‐memory projects are thus challenged. On the other hand, evidence collected by activist archivist groups reveals painful...
Journal Article
positions (2015) 23 (4): 633–663.
Published: 01 November 2015
... narrative as a truthful revision of official histories, The Guest incessantly undermines the empirical ground for its version of history. What opens up as a result is the gap between cognition and affect, law and lawfulness; reconciliation emerges not as the natural consequence of establishing truth...
Journal Article
positions (2016) 24 (3): 621–651.
Published: 01 August 2016
... of the Thai Criminal Code; the logic of the courts which convicted them; and the public discourse surrounding both trials. Developing sedition as a lens of comparison and a strategy of analysis, their actions are examined as transgressive in three intersecting and overlapping registers: law, dissent in excess...
Journal Article
positions (2011) 19 (3): 707–721.
Published: 01 August 2011
... as “totalitarian,” as advocates of a ruthless and cynical state authority, perhaps the time has come to bring out their positive side, especially their egalitarianism of law (the same law for all). Copyright 2011 by Duke University Press 2011 Three Notes on China: Past and Present Slavoj Žižek Theory...
Journal Article
positions (2021) 29 (3): 581–606.
Published: 01 August 2021
... their surname by refusing to register their marriages to their “husbands.” Claiming themselves “married” but not legally registering their marriages, this growing group of name-change resisters defines their nonregistered marriages as jijitsukon 事実婚 (common-law or real marriage). Drawing on ethnographic...
Journal Article
positions (2017) 25 (4): 669–692.
Published: 01 November 2017
... institutions and individuals in Ho Chi Minh City, more commonly known as Saigon, deploy different modes of law and regulation to accommodate a diverse array of foreign capital producing the city. I offer two modes of governance: opacity and transparency. The first mode, opacity, affords government agencies...