| 英文摘要 |
“Sociology of Family Law” is not an established research field in Taiwan, though a good number of multi-dimensional studies between and among the family, society, and law are available for systematic taxonomy and analyses. Pluralistic “law and society” perspectives or methods are widely deployed among the Taiwan academia to observe and/or examine how the law has regulated domestic relations as well as individual rights within the family. Inspections and criticisms are thus made to discern not only legislative values but also evolving images of living law. The “Taiwan Family Law” marked its birth when legislative principles of “sexual equality” and “the best interests of the child” were adopted to amend provisions on marriage and parent-child relations governed by the Civil Code: Book IV: Relatives. As the nuclear family became the focus of state regulations over “Relatives”, specific legislations are amplified to attend to socio-legal issues of child/juvenile welfare and rights, domestic violence, marital rape, artificial insemination, family mediation, sexual equality at work, palliative care, and most recently, elderly dignity, rights of disabled persons, patient autonomy, good death, and euthanasia. This development demonstrates the meaning of the family vis-a-vis life value and its dynamic interactions in socio-legal settings. This study employs familiar research tools of the sociology of family law to observe the development and discern the contexts of Taiwan family law by collecting accumulated research findings on theory and practice, by which a platform will be produced to share socio-legal information on global-localized family law. This article thus aims to examine dynamic interactions between the family and law in Taiwanese society through the review of accumulated literature and sharing of personal experiences in the past 30 years of study on the sociology of family law. |
