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法律夾縫中的同志家庭實踐
Thesis

法律夾縫中的同志家庭實踐

徐蓓婕
Masters, 國立清華大學, 社會學研究所
2015

Abstract

法意識 同志 同志家庭 法律體制 多元成家運動 法正當性 Legal consciousness LGBT LGBT Family Legal system Legality
This study taken legal consciousness standpoint, analyzing LGBT family interactions with the existing legal relationship. How they developing awareness of law under the current law system, and interactions between LGBT Family Practice and law system. This paper inventory LGBT family under the existing law be deprived of legal rights, especially the part of economic security. This study argues that the national system through layers of screening to establish the legitimacy of heterosexual marriage, causing sexual orientation-based institutional exclusion, sexual orientation may make one of the factors of social stratification. But, in LGBT families practice, they would not just passively accept the results were excluded, law consciousness grown while they interaction with the system, demonstrating the mutual construction of law and individual practice. LGBT Family practice affected by a variety of scripts, under the law and cultural framework, their commitment to dialogue and fight with the mainstream heterosexual script, and continue to generate and strengthen the family identity in the process. This study attempts to combine the theoretical perspectives of law consciousness study and the stand point of institutional ethnography. From LGBT family’s daily life, explore the process how people and the law affect each other, as well as how the law system dominate people’s daily life. This paper argues that, in the case of LGBT family lack of legal protection, they are still conscious of challenging the legal system and tradition family cultural values. While undergoing many difficulties, but they are still in the process of establishing the legal subjectivity and their own identity.

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