Quantitative Methods to Research Intimacy

Quantitative Methods to Research Intimacy Jason Green Part 1 Question: Write a report on the usefulness of quantitative methods for describing intimacy, focusing  on the particular method of surveys. You should include the following: a definition of quantitative methods a description of surveys as a particular method consideration of the distinctive kinds of description that surveys generate examples of the usefulness of surveys for describing intimacy. Answer: Science begins with the question’s what is it I want to know, How is the best way that I can get to achieve results that are desired. However, this can only become science when the correct methodology has been chosen, Also that the matter of research can be justified There are also moral and ethical principles that can affect the type and structure or even methodology of the undertaken research. When looking at trying to describe the subject of intimacy many strands of information would need to be gathered, but the real question is which method should be used in the pursuit of the correct results. When trying to achieve any possible answer in ether social science or science as a whole. In our research there are many tools or ways or rather it could be better-said methods to obtain an answer. One method could possibly be used to achieve an answer. But to obtain a more valid and qualify able answer more than one method might be deemed to be used in the search for obtaining the required results that we might desire to gather. Then maybe it could be concluded that for us to get the best results that multi methodology should be applied to gain an unbiased factual conclusion to the research project that could actively be supported by the methods applied. The Quantitative methods could be said to be a more inhuman approach than other methods that might be used in research. The quantitative method is a more sterile clinical method and could be describe like a man standing in front of a window looking in. it has a detached approach. Rather than concerning itself with the data rather than the individual meanings and experience. This method is concerned with looking to identify any patterns, trends and relationships or any other required data from the ‘outside’, The Quantitative methods sets it site and looks at a wider band of the population. With this method, we are so much less concerned with the specifics of the individual’s meanings and experience’s, but it rather looks at the data as a whole and the individual becomes a statistic in the data that collated. (Barns Barnett, 2014 pp.68) The Quantitative methodology in general, is next to useless for answering questions that we may look at. It does not look at or is able to analyse the structures and maybe the processes that con and possibly will be observed in behaviour that in underlying Nevertheless, quantitative can be said to be invaluable where the bases of behaver could well said to be not understood. It is important to recognise that the quantitative tend to produce different descriptions of social phenomena, and can support different understandings of social processes. (Barns Barnett, 2014 pp.35) In research, one way that makes things really easier is by doing a survey. A survey is best described as short interview or talk. When we use the word survey, it can be unfortunately ambiguous or better said open to more than one interpretation. Therefore, it needs to be better defined. The term survey is mainly used to mean the collection of information. Someone wanting to ask you questions in the town centre may have stopped you. However, to say there is one definition of survey would not be very correct the first as you have read in the earlier paragraph, which is to collect information. A second definition is it is to collect data. It could be defined as a third, which is a specific type of survey research. They ways of collecting survey data are: Questionnaires– which are a series of written questions that are answer by the subject? This method is used to gain answers to questions that would require simple responses’ (agree/disagree/ no options). Then we have Interviews questions put forward to a subject to obtain information about him or her. This type of survey in more like a formal interview like you would have with your bank manager or maybe a new employer when looking for a job. Finally we have Surveys themselves– It might well seem be an error using survey as a description of survey but no it is not actually an error. A Survey is actually a specific type of survey. It is an interview with the researcher asking only a limited amount of questions to a subject. On the face of it, surveys may not seem well suited to the task of gathering data on matters that are sensitive and personal. However, conducted properly and with an understanding of the design and structure limitation and the way that it is implemented it is capable of just that. Has demonstrated, conducted properly and with an awareness of the limitations of survey design and implementation, they are capable of doing just that. With surveys on intimacy and to not just read anything into the data that is extracted from the surveys but rather to examine that data with a critical eye so that there is no error in the understanding of the data achieved. In addition, it remains one of the most powerful tools available to scientists and researchers to gain an understanding of social and scientific studies on intimacy. The Data, which surveys generate helps to shape our understanding of sexual behaviour and intamacy. It also has opened new avenues in research now and in the future (Barns Barnett, 2014 pp.94) The usefulness of this can be seen looking at research carried out already by Kinsey and Natsal. They performed surveys in both informed public debates about sexuality and intimate life. Their intention was inform public debate about sexuality and intimacy in life. Their research and surveys had an unpredicted result in social science the helped reshaped the social world as it was understood. It made visible social phenomena as a scale of whole populations and as was learnt from this in research there are consequences. One of the major impacts if we return to Kinsley study’s again was that of making same sex gender visible as never before gay and lesbian couples instead of being hidden in innuendo and rumour now with this statistics the level of such could be seen as fact. (Barns Barnett, 2014 pp.89) Bibliography EditedbyMarkBanks andCliveBarnett. (2014) ‘TheUsesofSocialScience (DD206), Milton Keynes, The Open University, pp.35-94 DVD ROM (2014), ‘TheUsesofSocialScience (DD206), Milton Keynes, The Open University, pp.35-94

Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines

Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines Andres C. Soguilon Juris Doctor-1 UNIVERSITY OF CEBU COLLEGE OF LAW Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines Abstract This paper is a comparison between the laws governing the Muslim marriage and Divorce through Presidential Decree No. 1083, otherwise known as the Code of Muslim Personal Laws and marriage and legal separation under the Family Code.It also compares the rights and obligations of spouses between the two codes. It analyzes the similarities and differences of the provisions on the requisites in contracting marriages between the two laws and the effects of legal separation as far as the Family Code is concern and the same with Islamic divorce as provided by law. Introduction The 1987 Philippine Constitution, in Article XV, Section 2, states that â€Å"Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State. The same constitution admits that â€Å"no law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof†1 and it respects the protection and conservation by the State of the customs, traditions, practices and beliefs of the Filipinos. Presidential Decree 1083 also known as the Code of Muslim Personal Laws took effect on February 14, 1977 and the governing constitution then was the 1973 Constitution. According to Andres H. Hagad in his work â€Å"Comments on the Muslim Code: A Paper on PD. No. 038†, the code refers to Article XV, section 11 of the 1973 Constitution as the legal basis for its existence which states that â€Å"the State shall consider the customs, traditions, beliefs and interests of national cultural communities in the formulation and implementation of State policies. †2 1 2 T he 1987 Philippine Constitution, Article III, Section 5 Andres H. Hagad, Comments on the Muslim Code: A Paper on P. D. No. 1083, Philippine Law Journal [1977] Vol. 52 Andres C. Soguilon JD-1 Page 2 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines RationaleThe Constitution, the laws and even Supreme Court’s decisions pertaining to issues involving marriage have been reflective of how the State wanted to protect the sanctity and value of marriage in the Philippines. The law even so provides that it shall not be governed by stipulations but by the Government and the latter must intervene in order to protect it. In line with this, the researcher seeks to be enlightened of the similarities and difference of marriages contracted in accordance with the Family Code in comparison to those contracted by Muslims provided by the Code of Muslim Personal Laws.Both codes give right to spouses to sep arate from each other on certain grounds, hence, comparison of the two would likely pave way to the idea of adopting one not only to protect the sanctity of marriage per se but also not to prejudice the constitutional and human rights of the parties involved. The Family Code and the Code of Muslim Personal Laws 1. What is Marriage? The Family Code of the Philippines defines marriage as a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life.It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by the said code. 3 On the other hand, the Code of Muslim Personal Laws definesmarriage as not only a civil contract but a social institution. Its nature, consequences and incidents are governed by this Code and the Shari'a and not subject to stipulation, except that 3 Familly Code of the Philippines, Article I Andres C.Soguilon JD-1 Page 3 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines the marriage settlements may to a certain extent fix the property relations of the spouses. The two laws have a definition of marriage which is more or less akin to each other. 4 2. Requisites of Marriage Family Code of the Philippines Code of Muslim Personal Laws Art. 2. No marriage shall be valid, unless these essential requisites are present: 1. Legal capacity of the contracting parties who must be a male and a female; and 2.Consent freely given in the presence of the solemnizing officer Art. 15. Essential requisites. No marriage shall be perfected unless the following essential requisites are complied with: (a) Legal capacity of the contracting parties; (b) Mutual consent of the p arties freely given; (c) Offer (ijab) and acceptance (qabul) duly witnessed by at least two competent persons after the proper guardian in marriage (wali) has given his consent; and (d) Stipulation of customary dower (mahr) duly witnessed by two competent persons. Art. 3. The formal requisites of marriage are: 1. Authority of the solemnizing officer; 2.A valid marriage license except in the cases provided for in Chapter 2 of this Title; and 3. A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officers and their personal Art. 16. Capacity to contract marriage. declaration that they take each other (1) Any Muslim male at least fifteen years as husband and wife in the presence of of age and any Muslim female of the not less than two witnesses of legal age puberty or upwards and not age. suffering from any impediment under the provisions of this Code may contract marriage.A female is presumed to have attained puberty upon reachin g the age of fifteen. (2) However, the Shari’a District Court may, upon petition of a proper wali, order the solemnization of the marriage of a female who though less than fifteen but not below twelve years of age, has attained puberty. (3) Marriage through a waliby a minor below the prescribed ages shall be regarded as betrothal and may be annulled upon the petition of either party within four years after attaining the age of puberty, provided no 4 Code of Muslim Personal Laws, Chapter II, Section I, Article 14 Andres C. Soguilon JD-1 Page 4Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines voluntary cohabitation has taken place and the wali who contracted the marriage was other than the father or paternal grandfather. Apparently, the Code of Muslim Personal Laws has more requirements for contracting parties to comply before they can enter into marriage. Under the Family Code, the cont racting must be at least eighteen years of age, in such case when one of the parties is below eighteen the marriage will be void which will be discussed below. On the other hand, Code of Muslim of Personal laws, the male must be at least fifteen years of age and the female must be of the age of puberty with the presumption provided in the Code that females attain their puberty at the age of fifteen. Also, the female must not be below twelve years of age, in such case the marriage may be annullable. 3. Void and Voidable Marriages under Family Code and Prohibited Marriages under Code of Muslim Personal Laws Family Code of the Philippines Art. 35.The following marriages shall be void from the beginning: (1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians; (2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so; (3) Those solemnized without a license, except those covered by the preceding Chapter; Code of Muslim Personal Laws Section 2.Prohibited Marriages Article 23. Bases of prohibition. No marriage may be contracted by parties within the prohibited degrees: (a) Of consanguinity; (b) Of affinity; and (c) Of fosterage. Article 24. Prohibition by consanguinity (tahrimjbin-nasab). No marriage shall be contracted between: (a) Ascendants and descendants of any degree; 5 Family Code of the Philippines [1988], Art. 3 (1) Andres C. Soguilon JD-1 Page 5Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines (4) Those bigamous or polygamous marriages not falling under Article 41; (5) Those contracted through mistake of one contracting party as to the identity of the other; and (6) Those subsequent marriages that are void under Article 53. Art. 36. A marriage co ntracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.Art. 37. Marriages between the following are incestuous and void from the beginning, whether the relationship between the parties be legitimate or illegitimate: (1) Between ascendants and descendants of any degree; and (2) Between brothers and sisters, whether of the full or half-blood. Art. 38. The following marriages shall be void from the beginning for reasons of public policy: (1) Between collateral blood relatives, whether legitimate or illegitimate, up o the fourth civil degree; (2) Between step-parents and stepchildren; (3) Between parents-in-law and childrenin-law; (4) Between the adopting parent and the adopted child; (5) Between the surviving spouse of the adopting parent and the adopted child; (6) Between the surviving spouse of the adopted child and the adopter; Andres C. Soguilon JD-1 (b) Brothers and sisters, whether germane, consanguine or uterine; and (c) Brothers or sisters and their descendants within the third civil degree. Article 25. Prohibition by affinity (tahrim-billmusahara). 1) No marriage shall be contracted between: (a) Any of the spouses and their respective affinal relatives in the ascending line and in the collateral line within the third degree; (b) Stepfather and stepdaughter when the marriage between the former and the mother of the latter has been consummated; (c) Stepmother and stepson when the marriage between the former and the father of the latter has been consummated; and (d) Stepson or stepdaughter and the widow, widower or divorcee of their respective ascendants. 2) The prohibition under this article applies even after the dissolution of the marriage creating the affinal relationship. Article 26. Prohibition due to fosterage (tahrim-bir-rada'a). (1) No person may validly cont ract marriage with any woman who breastfed him for at least five times within two years after his birth. (2) The prohibition on marriage by reason of consanguinity shall likewise apply to persons related by fosterage within the same degrees, subject to exception recognized by Muslim law. Section 4.Batil and Fasi Marriages Article 31. Batil marriages. The following marriages shall be void (batil) from the beginning: Page 6 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines (7) Between an adopted child and a legitimate child of the adopter; (8) Between adopted children of the same adopter; and (9) Between parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse.Art. 41. A marriage contracted by any person during the subsistence of a previous marriage shall be null and void unless before the celebration of the subsequent marriage , the prior spouse had been absent for four consecutive years and the spouse present had a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, and absence of only two years shall be sufficient. xx Art. 53. Either of the former spouses may marry again after complying with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void. (a) Those contracted contrary to Articles 23, 24, 25 and 26; (b) Those contracted in contravention of the prohibition against unlawful conjunction; and (c) Those contracted by parties one or both of whom have been found guilty of having killed the spouse of either of them. Article 32. Fasid marriages.The following marriages shall be irregular (fasid) from their performance: (a) Those contracted with a female observing ‘idda; (b) Those contracted cont rary to Article 30; (c) Those wherein the consent of either party is vitiated by violence, intimidation, fraud, deceit or misrepresentation; (d) Those contracted by a party in a condition of death-illness (marad-ul-mault) without the same being consummated; (e) Those contracted by a party in a state of ihram; and (f) Mixed marriages not allowed under Islamic law.The Family Code provides for marriages that are void and voidable due to the fact that these marriages are contracted with either the absence of both essential and formal requisites and defect or irregularity in the essential or formal requisites. The Code of Muslim Personal Laws, on the other hand provides for several instances where a marriage is prohibited, void and irregular. Andres C. Soguilon JD-1 Page 7Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines 4. Legal Separation and Divorce Family Code of the Philippines Art. 55. A pet ition for legal separation may be filed on any of the following grounds: (1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; (2) Physical violence or moral pressure to compel the petitioner to change religious or olitical affiliation; (3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement; (4) Final judgment sentencing the respondent to imprisonment or more than six years, even if pardoned; (5) Drug addiction or habitual alcoholism of the respondent; (6) Lesbianism or homosexuality of the respondent; (7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad; bigamous marriage, whether in the Philippines or abroad; (8) Sexual infidelity or perversion; (9) Attempt by the respondent against the life of the petitioner; or (10) Aba ndonment of petitioner by respondent without justifiable cause for more than one year. Code of Muslim Personal Laws Chapter Three DIVORCE (TALAQ) Section 1. Nature and Form Article 45. Definition and forms. Divorce is the formal dissolution of the marriage bond in accordance with this Code to be granted only after the exhaustion of all possible means of reconciliation between the spouses.It may be effected by: (a) Repudiation of the wife by the husband (talaq); (b) Vow of continence by the husband (ila); (c) Injurious assanilation of the wife by the husband (zihar); (d) Acts of imprecation (li'an); (e) Redemption by the wife (khul'); (f) Exercise by the wife of the delegated right to repudiate (tafwld); or (g) Judicial decree (faskh). Andres C. Soguilon JD-1 Page 8 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines There is a big difference between legal separation and divorce because the form er only covers separation of bed and board while the latter is an absolute separation. Any divorce proceeding undertaken before the Shari’a Court is valid, recognized, binding and sufficient divorce proceedings. 6 Article 13 of PD No. 1083 does not provide for a situation where the parties were married both in civil and Muslim rites.Consequently, the shari’a courts are not vested with original and exclusive jurisdiction when it comes to marriages celebrated under both civil and Muslim laws. 7 Specifically, divorce in Islam is classified into different types in relation to the grounds that may be used by either the husband or the wife in separating from each other. A divorce by talaq may be affected by the husband in a single repudiation of his wife during her nonmenstrual period within which he has totally abstained from carnal relation with her. 8 A wife in a Muslim marriage may be granted a decree of divorce where her husband makes a vow to abstain from any carnal re lations with his wife and keeps such for a period of not less than four (4) months. Another is the divorce by zihar, where a husband has injuriously assimilated his wife to any of his relatives within the prohibited degrees of marriage, in such case they shall mutually refrain from having carnal relation until he shall have performed the prescribed expiation. 10 Where the husband accuses his wife of adultery, a decree of perpetual divorce may be granted by the court. 11 The wife could also, after having offered to return or renounce her dower or to pay any other lawful consideration for her release from the marriage bond, petition the court for divorce. 12 If the husband has delegated to the wife the right to effect a talaq at the time of the celebration of the marriage or thereafter, she may repudiate the marriage and the 6 7 Zamoranos v. People [2011] G. R. No. 193902 Tamano v. Ortiz [1998] G. R. No. 26603 8 P. D. No. 1083 [1977], Article 46 (1) 9 Ibid, Article 47 10 Ibid, Article 48 11 Ibid, Article 49 12 Ibid, Article 50 Andres C. Soguilon JD-1 Page 9 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines repudiation would have the same effect as if it were pronounced by the husband himself. 13 Lastly, the wife may petition a decree of divorce by faskh (judicial decree) subject to some grounds. A decree of faskh on the ground of unusual cruelty may be granted by the court upon petition of the wife. 14 Muslim spouses, because of divorce granted by P. D. No. 083 for Islamic marriages have many ways in order to separate themselves from each other. Grounds for divorce decree are even classified as to whom it may apply, either to the wife or the husband taking into account the different situations that they may experience in their married life. On the other hand, the Family Code also provides spouses to separate from each other but only limited, however legitimate the grounds are. The grounds for legal separation provided by the Family Code are more specific and relatively of the same weight with the grounds for divorce provided by P. D. No. 1083. However, the Family Code does not at all give the spouses the right to be divorced. 5.Effects of Legal Separation and Divorce Family Code of the Philippines Art. 63. The decree of legal separation shall have the following effects: (1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed; (2) The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43(2); (3) The custody of the minor children shall 13 14 Code of Muslim Personal Laws Article 54. Effects of irrevocable talaq or faskh.A talaq or faskh, as soon as it becomes i rrevocable, shall have the following effects: (a) The marriage bond shall be severed and the spouses may contract another marriage in accordance with this Code; (b) The spouses shall lose their mutual rights of inheritance; (c) The custody of children shall be determined in accordance with Article 78 of this code; (d) The wife shall be entitled to recover from the husband her whole dower in case the talaq Ibid, Article 51 See Article 52-53 of P. D. No. 1083 [1977] Andres C. Soguilon JD-1 Page 10 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines be awarded to the innocent spouse, subject to the provisions of Article 213 of this Code; and (4) The offending spouse shall be disqualified from inheriting from the innocent spouse shall be revoked by operation of law. as been affected after the consummation of the marriage, or one-half thereof if effected before its consummation; (e) The husband shal l not be discharged from his obligation to give support in accordance with Article 67; and (f) The conjugal partnership, if stipulated in the marriage settlements, shall be dissolved and liquidated. The huge difference between the two Codes with regard to the effects of either legal separation or divorce is that in legal separation, the spouse are only entitled to live separately from each other and their marriage bonds shall not be severed while in Islamic divorce, marriage bonds between divorced parties shall be severed and they are entitled to contract a subsequent marriage provided they comply with the requisites to enter into another marriage. The Family does not provide that legally separated spouses can enter into another marriage.In the Family Code, the offending spouse shall not have any right to any share of the net profits earned by the absolute community or the conjugal partnership while in P. D No. 1083, the spouses shall lose their mutual rights of inheritance. As to t he custody of the children, the Family Code provides that the innocent shall be granted custody subject to conditions, while in P. D. No. 1083; custody shall be determined by Article 78 of the same code. 15 Similarly PD No. 1083 is clear that where the parents are not divorced or legally separated, the father and mother shall jointly exercise just and reasonable parental authority and fulfill their responsibility over 15 Article 78 of P.D. No. 1083 otherwise known as Code of Muslim Personal laws states that (1) the care and custody of children below seven years of age whose parents are divorced shall belong to the mother or, in her absence, to the maternal grandmother, the paternal grandmother, the sister and aunts. In their default, it shall devolve upon the father and the nearest paternal relatives. The minor above seven years of age but below the age of puberty may choose the parent with whom he wants to stay. (2) The unmarried daughter who has reached the age of puberty shall st ay with the father; the son, under the same circumstances, shall stay with the mother. Andres C.Soguilon JD-1 Page 11 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines their legitimate children. 16 However, in a case where the mother was originally a Catholic woman and when she separated from her Muslim husband, converted back into Catholicism: â€Å"The standard in the determination of sufficiency of proof, however, is not restricted to Muslim laws. The Family Code shall be taken into consideration in deciding whether a non-Muslim woman is incompetent. What determines her capacity is the standard laid down by the Family Code now that she is not a Muslim. †17 6.The Family Code, the Code of Muslim Personal Laws and the Constitution The Constitution defines marriage, as an inviolable social institution, the foundation of the family and shall be protected by the State. 18 The State shall defend the right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood. 19 Some scholars especially from the Catholic Church are against divorce because not only does it contravene the teachings of the Bible but according to them it is also against the Constitution which mandates the State to protect marriage as an inviolable social institution. The author would like to believe that Muslim divorce is deemed to be a kind of divorce equivalent to an absolute abrogation of marriage.However, Muslim divorce is protected by the enactment of P. D No. 1083 which granted full autonomy and authority to Muslim’s customs and traditions the marriage relations between Muslims. The 1973 Constitution which is in effect when the Code of Muslim Personal Laws was enacted provides that â€Å"the State shall consider the customs, traditions, beliefs and interests of national cultural communities in the formulation and implementation of State policies. It is the author’s opinion that there is already a conflict between the two provisions arising from the enactment of P. D. No. 1083. However, it is doubtful 16 Bondagjy v Bondagjy, [2001], G. R. No. 140817 17 18Ibid The 1987 Philippine Constitution [1986], Article XV, Section 2 19 Ibid, Section 3 Andres C. Soguilon JD-1 Page 12 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines if the question of constitutionality can be raised, considering the provision of Article XVII, section 3(2) of the same Constitution, which reads: â€Å"All†¦decrees.. promulgated, issued, or done by the incumbent President shall be part of the law of the land, and shall remain valid, binding and effective even after the lifting of martial law†20 20 Andres H. Hagad, Comments on the Muslim Code: A Paper on P. D. No. 083, Philippine Law Journal [1977] Vol. 52 Andres C. Soguilon JD-1 Page 13 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines References: Articles: Andres H. Hagad, Comments on the Muslim Code: A Paper on P. D. No. 1083, Philippine Law Journal [1977] Vol. 52 Cases: Bondagjy v Bondagjy, December 7, 2001, G. R. No. 140817 Tamano v Ortiz, June 29, 1998, G. R. No. 126603 Zamoranos v People, G. R. No. 193902, June 1, 2011 Laws: The 1987 Philippine Constitution [1986] Presidential Decree No. 1083 [1977] The Family Code of the Philippines [1988] Andres C. Soguilon JD-1 Page 14

Female Antagonists Within Fairy Tales - 1540 Words

Whether Female antagonists within fairy tales are portrayed in a positive or negative light their roles within the stories are very important if not crucial to the development of the protagonists. Karen Rowe in â€Å"Feminist and fairy tales† explains the divide between different female antagonists. Female antagonist come in all forms, Faeries, ogresses, evil queens, and evil witches step mothers and or step sisters. For the most part these characters are often divided between good and evil, or light and dark, but what is often realized, is that there isn’t much of a combination between the two groups in which an antagonist falls in between both categories. In this essay I will lay out the thematic roles of these different types of female antagonist’s portrayed within fairy tales. Negative female antagonist play a very particular role within fairy tales. The female antagonists are often very dominant, they are not married and unable to bare children due to the fact that they are usually old. However there are times in which the antagonist is a beautiful women who’s jealously often overbears her physical appearance. In â€Å"Snow White† Snow’s Step mother is constantly looking for assurance about her physical appearance, so she confides in her magic mirror, â€Å"Mirror, Mirror, on the wall, who in this land is fairest of all?† (Grimm 54). Snow white’s stepmother is taken aback and enraged after later being told that she is no longer the prettiest woman. â€Å"You my queen, are fair; it isShow MoreRelatedThere Was Once By Margaret Atwood Essay915 Words   |  4 Pagesto point out the societal problems within the genre of fairy tales. Charles Perrault, the author of the short story â€Å"The Sleeping Beauty in the Wood†, writes about fantastic creatures, magic, and love, following the generic conventions of fairy tales. 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I believe that Perraults version of Sleeping Beauty accentuates aspects of society, meaning the message is more true to the audience reading it. The end of the story displays a moral, â€Å"The tale of the Sleeping Beauty shows how long engagement s make for happy marriages, but young girls these days want so much to be married I do not have the heart to press the moral.† I found this interesting because similar to Basile’s version, it suggestsRead MoreDisney Plays a Role in Shaping Girls Self-Esteem1832 Words   |  7 Pageschildren or adults think of the great classical fairy tales today, the first thought that usually comes to mind is Disney. Their representations of classic fairy tale texts are so powerful that a vast majority has formed mental images of the princesses and other characters depicted in fairy tales, whether it be from classic books to popular media, the unchanged variable for any woman is beauty (Wohlend 60); usually presented with a flawless and virtuous female protagonist, who encounters obstacles thatRead MoreLittle Red Riding Hood by Bill Delaney946 Words   |  4 PagesAt first glance the characters Connie from â€Å"Where are you going? Where have you been?† and Little Red Riding Hood from the classic fairy tale â€Å"Little Red Riding Hood† may seem to have nothing in common. However, from the start one can compare how much they actually have in common. Though these two characters are very different they are the same in many ways. Their story, from beginning to end, is similar. It is easy to see how alike and different they are with the description of Connie and LittleRead MoreThe Complex Layers Within the Little Mermaid1206 Words   |  5 PagesFairy tales convey political, moral, and social lessons through characters, relationships and setting. They originate from an oral tradition passed down from generation to generation often in a varied form, drawing inspiration from diverse sources such as the Bible and mythology. As societies gained access to the printed word, fairy tales became less changeable and tended to focus on characters who were transitioning from childhood to adulthood (Abler). Jacob and Wilhelm Grimm became renowned forRead MoreCo mparing Jane Eyre, Cinderella, and Beauty and the Beast1830 Words   |  8 Pagescaptivating elements, such as mystery, passion or even betrayal. The aim of this essay is to analyze the love story between the two protagonists and to illustrate how the elements forming their relationship resemble the ones in fairy tales. Jane Eyre has been often compared to fairy tales such as Cinderella or Beauty and the Beast and I believe that this close connection with the fantastic stories has a huge influence on the relationship between the main characters. The theme of love is quietly introducedRead MoreImportance Of Feminism Within Writing1938 Words   |  8 PagesThelma Barraza Professor Olson LIT-230-02 November 24, 2014 Anne Sexton: Importance of Feminism within Writing Anne Sexton was born Anne Gray Harvey on November 9, 1928 in Newton, Massachusetts. Her parents, Ralph Harvey and his wife, Mary Gray Staples Harvey overlooked their youngest child Anne. According to the Great Lives from History, she grew up lonely and excluded from family activities, because she was never able to reach the standards her father wanted. She felt overlooked and unwanted, andRead MoreCinderella vs Ella Enchanted Essay2614 Words   |  11 PagesCinderella vs Ella Enchanted The tale of Cinderella has been heard and read for many generations. The idea of rags to riches has appealed to countless readers through varying accounts. The plot of Cinderella has become a traditional theme. Through different cultures and eras the theme has seen many copies, remakes, twists and views in literature, theater and film. Today’s era of blended families and conflicts in class statuses may be why Cinderella has been a classic. One of those twists is seenRead More Sexual Innuendoes in the Films of Alfred Hitchcock Essay example3477 Words   |  14 Pagessoon-to-be sex offender? If so, you may have felt guilt from watching such sexual innuendoes, but don’t feel too bad. This is just one of the intents of Alfred Hitchcock as he weaves many of his tales with sensual characters. His films portray a vast array of sexuality from showing a battle of the sexes and tales of romance to showing homosexuals and sex offenders. Overall, the films of Alfred Hitchcock po rtray varying degrees of sexuality, which is manifested both romantically and perversely. The sexuality

Autobiography Of My Childhood - 1111 Words

In second grade, I finally figured out that something was wrong with me. There always had been, and it was only getting worse. For as long as I had been alive, I was never like other kids. As a baby, I never crawled more than a few inches. But one day, just for fun, my dad stood me up across the room from my mom. Walk to Mama,† he told me. Despite all expectations, I did. I got up and walked to Mama. I didn t even stumble. It wasn t that I couldn t walk, I just hadn t needed to. My mom carried me everywhere. It was a sign, albeit missed, of what was to come. I had also never spoken, not even baby babble. Many of my parents friends took this as proof that I was autistic. My parents, however, refused to believe them. I†¦show more content†¦The school tried to discourage my parents from thinking I was gifted, saying things like ‘A lot of people think that about their kids,’ and ‘She’s fine where she is.’ Fortunately, my parents knew something was up. At Ms. Kafka’s urging, my parents got me tested. The results came back positive. I was gifted. Very. The school resumed its rhetoric with even more force. They didn t want me to leave. I was dragging up their test scores. My parents, however, did want me to leave, as did I. We started looking at schools. Two favorites emerged: Nova Classical Academy and Minnetonka Public Schools’s Navigator program. Nova was a public charter school in Saint Paul, much closer to my house in Minneapolis, and was recommended by my IQ test proctor. The Navigator program was, unsurprisingly, in Minnetonka, and my parents had found it on their own. Due to my father’s anxieties about me going to a charter, they decided to look more closely at Minnetonka. A little while later, I was pulled from my school to go to a Navigator orientation. As soon as I walked in to the classroom, I felt every pair of eyes on me. I was in the worst situation imaginable-I was the newcomer. I didn t know anything about this strange new place, half an hour away from my school, my house, and anything and anyone I knew. Worse, in less than a year, these kids could be my classmates. I took a spot at the very back table. There was only one other student there-a blonde girl who quickly introduced herselfShow MoreRelatedAutobiography Of My Childhood861 Words   |  4 PagesOverland Park, Kansas I was born. I weighed 8 pounds 3 ounces and I was 20  ½ inches. The first people that came was my Grandma and Grandpa Bentley and my Uncle Ryan. Also my Grandpa and Grandma McNeely came. Everyone that came to visit me said I was really cute. At the Prince of Peace Catholic Church on May 22, 2005 I was baptized. My godparents are my Uncle Erik and Aunt Sandra. In 2008 my family and I moved to the house we currently live in now. When we moved into this h ouse we actually got the paintRead MoreAutobiography Of My Childhood1423 Words   |  6 PagesFrom an early age I loved to read. At just two years old I begged my mother to enroll me into school. I watched as my older sister meticulously picked out her school outfit each night in preparation for the next school day. At such a young age, I somehow knew that this thing called â€Å"school† was going to be something spectacular. My home was chaotic and reading became an escape and helped distract me from my unpleasant family dynamic. Beginning when I was 5 years old, I read novels, magazines, andRead MoreAutobiography Of My Childhood1346 Words   |  6 Pages I am 16 years old. My dog is a mix of Husky and Saint Bernard. My favorite flavor of cake is chocolate. I manage the wrestling team, and have since 6th grade. I own a Toyota T100. I have a 2 year old niece. I like roses. I want to go to college for business so I can own my own bakery. I have two brothers. My house looks like a log cabin on the outside, but it’s just a regular house on the inside. Though mint chocolate chip is my favorite flavor of ice cream, I love changing it up and getting differentRead MoreAutobiography Of My Childhood1140 Words   |  5 Pagescame to Licking Valley in the middle of kindergarten. I am the oldest out of three children and son of Ronald and Brandy Schneider. My father is a Highway State Patrol man. By the time a was 5 my parents separated. I haven t seen my biological mother since I was 12. My mother wasn’t the best parent you could have asked for, she had a problem drinking. Even though my parents separated I still have people who lo ve me and the best step mom you could ask for. I went to kindergarten when I was 6Read MoreAutobiography Of My Childhood1788 Words   |  8 Pagesthe personality of my youth, the proto-me, that would someday mold the adult that is conveying this cautionary tale. I was born in the North Eastern United States during the latter half of the 1970’s. The product of loving, if unadventurous parents. My earliest memory is of a kitchen sink; I recall, if I think about it hard enough, that my mother bathed me there as an infant. It may seem improbable to claim such a thing, but nevertheless, it is a memory. The surroundings of my home were a placeRead MoreAutobiography Sample610 Words   |  3 Pagesï » ¿Does the task of memoir writing puzzle you? It’s alright. This autobiography example for students is here to show you that memoir writing can be easy and even exciting. All you need to do is to scroll this page down and enjoy this amazing sample and the related, practical hints. A Lazy Student Autobiography Example An autobiography is a story of your own life. Even if you think you don’t have much to include in your memoir, you can still make it quite interesting. Bill Gates said: â€Å"I always chooseRead MorePersonal Commentary On The Lives Of People Different From Ourselves1454 Words   |  6 Pagesnot mean I can not understand them. Autobiographies allow for us to begin to understand a story and a perspective that is different from our own. In Ricardo Rodriguez’s, â€Å"Achievement of Desire† he uses his own personal narrative to explain the effects that family had on his life. I will never have those same experiences, but by reading his narrative I can begin to understand the way his family influenced him. I have had always had a very close relationship with my parents so it was very jarring whenRead MoreThe Age Of Enlightenment By Jean Jacques Rousseau Essay1324 Words   |  6 PagesIn Jean-Jacques Rousseau’s autobiography, Confessions, he presents a dramatic tell all of his life story. During the eighteenth century, the period, known as the Enlightenment, swept across Europe. Rousseau found himself in the middle of all of it. The Age of Enlightenment was a time when scholars took to science to explain human nature and the world around them. His autobiography reflects how instead of following this trend Rousseau established a kind of counterculture to the Enlightenment. He didn’tRead More Chinese Cinderella by Adeline Yen Mah1433 Words   |  6 PagesAs the world continues to evolve, there are various social issues that exist. Childhood neglect is problematic in society, especially in China. In Chinese Cinderella, Adeline Yen Mah exposes the severity of emotional abuse and neglect of children through her personal experiences. Literature addresses this topic through the interactions of the characters and the plot of the novel. She conveys her autobiography through antagonistic characterization and her writing style of point of view and tone. LiteraryRead MoreColored People, by Henry Louis Gates Jr.1745 Words   |  7 Pagesfocuses primarily on African-American issues, both from the past and the present, is undoubtedly Henry Louis Gates, Jr. Born in 1950 and raised in the small, middle-class, colored community of Piedmont, West Virginia, Gatess acclaimed 1995 autobiography, Colored People, brings readers to a place and time in America when both the racial boundaries and the definition of progress were changing weekly. Colored People, however, is not about race specifically. Rather, it is a story which chronicles