| Project/Area Number |
11620016
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Setsunan University |
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Principal Investigator |
MITSUNARI Miho Setsunan University, Faculty of Law, Associate Professor, 法学部, 助教授 (60202347)
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| Project Period (FY) |
1999 – 2001
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| Project Status |
Completed (Fiscal Year 2001)
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| Budget Amount *help |
¥2,200,000 (Direct Cost: ¥2,200,000)
Fiscal Year 2001: ¥1,100,000 (Direct Cost: ¥1,100,000)
Fiscal Year 2000: ¥1,100,000 (Direct Cost: ¥1,100,000)
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| Keywords | Gender / Modern Law / Germany / Legislation / Illegitimate Child / Reading Circle / Unmarried Mother / the German Civil Code |
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| Research Abstract |
This study consists of 4 chapters. The main subject is the analysis of the illegitimate child law. The illegitimate child and its unmarried mother were severely discriminated for a long time in Western countries under the influence of Christianity. Such discrimination was related much more with a strong gender bias than the religion bias since 19th century. The illegitimate child and its mother were regarded to disturb father and his legitimate family in Code Civil (1804) as well as BGB (1896). Man believed that unmarried mother should be lacking in motherhood. After a large number of men died in the World War I, the government began to examine the protection of the illegitimate child. In spite of all attempts to reform the illegitimate law, the discrimination of illegitimate child continued in order to protect the legitimate family of father. But, the situation of unmarried mothers changed a little. Man became to think that she should have motherhood as well as legitimate mother. It reflected that the gender bias on the ground of sex role became popular. Through the analysis of the illegitimate law, we can understand the sex role and its influence to the society and the legislation. Gender is an important factor in the construction of society as well as status, class, religion and so on. The aim of the legal history from a gender perspective is to analyze the gender order in each society and examine the relationship with other factors and its influence to the legal order.
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