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Title: Marital rape in China and the UK : problems in the current approach to culture and law
Author: Qian, Xiangyang
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 2005
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The thesis deals with approaches to the study of culture and law in the context of the problem of marital rape in China. On the basis of the empirical research, serious legal inconsistency can be found: while the legislation has actually criminalized marital rape, most judges decriminalize marital rape actions. I argue that the problems are related to the misunderstanding of the concept of culture and culture’s relationship with law, which is in turn related to the current approach to culture and law studies. I suggest methodological improvements here which better help in looking at problems and solutions in respect of marital rape. The thesis is structured as follows. Chapter 1 reviews the literature in the areas concerned. Chapter 2 provides empirical data on Chinese marital rape law, including legislation, judicial practices and attitudes of different groups of people to martial rape. Chapter 3 analyses that empirical data concluding that a new approach of memetics has advantages over the current cultural approach. In Chapter 4, by briefly reviewing the criminalization of marital rape in the UK, I try to demonstrate a wider validity for the memetic approach. In the final chapter I argue for memetics as an approach both to the theoretical problems in law and culture studies and also to the problems of Chinese marital rape law.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available