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International Marriage and Intimate Citizenship: A Cultural Legal Study of Family Law in Taiwan

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Abstract:

Family Law is a statute for resolving disputes among family members over the control, protection, and custody of specific family members. In Family Law scholarship, one of the most critical debates considers when and how a family is interfered with by the state’s power. In this article, through a case study on a “foreign brides” in Taiwan, I will use the approach of Cultural Legal Study to explore how the state governs the transnational marriages through written law, legal discourse, and the rhetoric of legal reform. I will suggest that, the case study of “foreign brides” can facilitate a conjunction to interdisciplinary legal research, which involves critical assessment of the law itself. Moreover, I will argue that the discourse, practice, and rhetoric of legal reform maintain and even reinforces the hierarchy within the family through so-called “neutral” law. I will also discuss how transnational and global factors influence the protocols, procedures, and interpretations of Family Law and related regulations concerning foreign spouses. Finally, I will argue that the discourse of legal reform, including Family Law and immigration regulations, could cause a backlash, which would not benefit the multicultural aspects of a family but will generate a single-value “ideal” family instead.
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MLA Citation:

Kuo, Shu-chin Grace. "International Marriage and Intimate Citizenship: A Cultural Legal Study of Family Law in Taiwan" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany, Jul 25, 2007 <Not Available>. 2013-12-15 <http://citation.allacademic.com/meta/p174164_index.html>

APA Citation:

Kuo, S. , 2007-07-25 "International Marriage and Intimate Citizenship: A Cultural Legal Study of Family Law in Taiwan" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany <Not Available>. 2013-12-15 from http://citation.allacademic.com/meta/p174164_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Family Law is a statute for resolving disputes among family members over the control, protection, and custody of specific family members. In Family Law scholarship, one of the most critical debates considers when and how a family is interfered with by the state’s power. In this article, through a case study on a “foreign brides” in Taiwan, I will use the approach of Cultural Legal Study to explore how the state governs the transnational marriages through written law, legal discourse, and the rhetoric of legal reform. I will suggest that, the case study of “foreign brides” can facilitate a conjunction to interdisciplinary legal research, which involves critical assessment of the law itself. Moreover, I will argue that the discourse, practice, and rhetoric of legal reform maintain and even reinforces the hierarchy within the family through so-called “neutral” law. I will also discuss how transnational and global factors influence the protocols, procedures, and interpretations of Family Law and related regulations concerning foreign spouses. Finally, I will argue that the discourse of legal reform, including Family Law and immigration regulations, could cause a backlash, which would not benefit the multicultural aspects of a family but will generate a single-value “ideal” family instead.

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