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Journal Article
positions (2021) 29 (3): 523–549.
Published: 01 August 2021
... not belong in families.” This article examines the informal, familial, financial, and social means people use to solve what might be called “family problems” when formal legal assistance is foreclosed. Operating as alternatives to the legal system, these strategies nevertheless are structured directly...
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 (2021) 29 (3): 551–579.
Published: 01 August 2021
...Sara L. Friedman; Yi-Chien Chen Abstract This article analyzes the tension between marriage and family rights in the context of Taiwan's marriage equality movement and the then-pending legalization of same-sex marriage following a 2017 Constitutional Court ruling. It focuses on the efforts...
Journal Article
positions (2021) 29 (3): 469–493.
Published: 01 August 2021
...Kathryn E. Goldfarb Abstract This article explores the legal norms and regulatory mechanisms in Japan that structure child welfare placement decisions, focusing specifically on the legal category of “parental rights.” It is suggested that the ways child welfare officers and caregivers understand...
Journal Article
positions (2021) 29 (3): 581–606.
Published: 01 August 2021
... and address. Evidence of family membership for purposes of legal transactions and social interactions has rested in the koseki document. However, during the past several decades some women have questioned the social pressure and legal requirement to change their names in marriage, choosing instead to maintain...
Journal Article
positions (2016) 24 (2): 343–368.
Published: 01 May 2016
... activities. Starting with the liberal distinction between productive and unproductive forms of media piracy, a distinction that shores up a geopolitics of legality with Asia as its wild and recalcitrant outpost, this article explores the implications of the gap that opens up between legality and legitimacy...
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 (2021) 29 (3): 495–521.
Published: 01 August 2021
.... As adopting agnatic kin for the purpose of family succession was deemed the only legitimate form of adoption, significant hurdles existed for other kinds of adoption in Korea. This article examines the history of domestic adoption in Korea and highlights the legal hurdles to domestic adoption...
Journal Article
positions (2021) 29 (3): 633–656.
Published: 01 August 2021
...Amy Brainer Abstract This article analyzes ways that legal and social understandings of kinship intersect for Taiwanese queer parents and prospective parents. Parents in this research experience varying degrees of legal and cultural intelligibility within the existing household registration system...
Journal Article
positions (2013) 21 (4): 885–919.
Published: 01 November 2013
...Laikwan Pang In this article I first relate and analyze the overall development of cultural policy and the intellectual property rights (IPR) legal structure in China, in order to show how China's policy and its legal environment increasingly adapt to global conditions. I then use Lijiang...
Journal Article
positions (2010) 18 (2): 489–510.
Published: 01 May 2010
...Wenqing Kang This essay analyzes the language and representation of male same-sex relations in major urban tabloid newspapers, other journalistic writings, and legal discourses. It argues that the Western sexological concept of homosexuality was accepted and incorporated in early-twentieth-century...
Journal Article
positions (2011) 19 (3): 707–721.
Published: 01 August 2011
...Slavoj Žižek The struggle between Confucianism and legalism lasted through thousands of years in Chinese history and even served as the background of the recent developments in China (Mao's preference for legalism versus Deng's promoting of Confucianism). Although legalists are as a rule dismissed...
Journal Article
positions (2018) 26 (2): 305–341.
Published: 01 May 2018
..., scientific papers, legal documents, and the Taipei District Court verdict illuminate how a space for contestation was forged in lieu of the closed RCA factory (and RCA’s acquisition by other multinationals). At three different moments — research about RCA’s activities, the lawsuit, and the verdict—victims...
Journal Article
positions (2012) 20 (2): 405–434.
Published: 01 May 2012
...—a seemingly bottom-up phenomenon. Situating these seemingly individualized practices within the larger social, political, legal, and economic landscape, however, shows that they cannot be decoupled from top-down processes driving the privatization of property relations. Combining thick description...
Journal Article
positions (2014) 22 (4): 749–780.
Published: 01 November 2014
... of such politically and formally radical content strove to legitimize the film and, by implication, also its source text, as politically and aesthetically defensible in both legal and artistic circles. But because the film had to function in its generic context as well, as a studio-branded “porno,” I insist also...
Journal Article
positions (2016) 24 (3): 621–651.
Published: 01 August 2016
.... Taking the disjuncture between the severity of the charges and the paucity of the evidence presented as a point of departure, this article interrogates the legal instruments under which Ethel Rosenberg and Daranee Charnchoengsilpakul were charged, namely the US Espionage Act of 1917 and Article 112...
Journal Article
positions (2016) 24 (3): 669–692.
Published: 01 August 2016
... the problem of human rights more broadly? The foreign worker is neither entitled to the national rights of the host country, which Hannah Arendt argued so forcefully is the basis for one's human rights (1951), nor do the international conventions that recognize the rights of migrants have effective legal...
Journal Article
positions (2010) 18 (2): 321–349.
Published: 01 May 2010
... that it is no longer viable as a legal institution, though is it not extinct as practice in both privileged and nonprivileged forms), against which an embattled wife-in-monogamy is sculpted in relief. The wife-in-monogamy in such a cultural-social milieu is thus constitutively produced as always at risk. Fictional...
Journal Article
positions (2010) 18 (2): 399–407.
Published: 01 May 2010
...Chen Yu-Rong; Wang Ping Two activists identify hate speech and morality as two obstacles to LGBT human rights in Taiwan. Although there is no legal discrimination against homosexuals in Taiwan, the authors argue that their absence in the definition of law constitutes another order of violence...
Journal Article
positions (2019) 27 (2): 297–332.
Published: 01 May 2019
...: geopolitical relations between Singapore and its regional neighbors; legal relations between Singaporean citizens and temporary nonresidents from these neighboring countries working in Singapore’s low-wage labor industries; and racialized relations between Singapore’s Chinese majority and the South...