2013年12月17日 星期二

Annotation 4 The crime of adultery: a way to make people take family responsibility seriously

In marriage, love is not the only thing, but responsibility plays a significant role. Many people use love as an explanation to defend themselves when they have an affair, which makes extramarital affair becomes a sanctuary for true love. However, is it reasonable to betray your spouse because of love? Also, when the crime of adultery is repealed, is there any other method for the cheated people to remember their family obligation?

According to Hsi Hsia(2002), “If you don’t love your spouse anymore, please be brave to get divorce, and then you can pursue the relationship without the restriction of marriage.” Some people do not have the courage to get divorce even if they think their marriages are dull. They want to maintain the marriage but still cannot give up those outside lovers. From Hsi Hsia’s viewpoint, it is alright for you to have sexual liberty if you were not married. She agrees that nobody have the right to interfere under unmarried situation. However, she opposes sexual liberty in marriage, because it’s unfair to your family and spouse. Marriage and family means responsibility.
She wrote that “do not take repealing adultery as an excuse to satisfy your own sexual desire.” It’s an extremely irresponsible behavior.

If the crime of adultery was abolished, people might think having an affair is legitimate. They will ignore and escape the responsibility they should take. Moreover, Affair that is short of self-examination might cause more domestic violence and will accelerate the breakdown of family. The reason why European countries and the USA stand for abolishing the crime of adultery is that their laws have well protection for women from different aspects, but in Taiwan, we don’t. Our Civil Law is not perfect enough to compensate the abandoned partner. “It’s better to revise child custody or couple property in Civil Law before we argue this issue (Shu Ying Huang, 2002).” What’s more, different countries have different cultures, is it really appropriate to follow others’ step without considering our cultural background? “In the present Taiwanese society, law may not be effective, but if the law does not exist (the crime of adultery), the situation will be worse (Shu Ying Huang, 2002).” Therefore, we should not abolish this law, which keep the minimum ethical standard in the society.   

Both legal sanctions and ethical restriction are indispensable methods to prevent the spreading affairs. As soon as you get married, you don’t have the right to reject fulfilling family obligation. And considering our cultural background, it’s not proper to repeal the crime of adultery before the Civil Law is revised.   


Source:
Hsi Hsia (January, 2002). Liberating the sexual desire, but how about the responsibility?
Shu Ying Huang (January, 2002). Should women worry about abolishing crime of adultery?

2 則留言:

  1. Your points are clear and convincing, and i do stand on your side on this issue. you mentioned that the crime of adultery can be used to prevent extramarital affair, yet can those crime be treated fairly? since extramarital affair may be a lot more complicated than other crimes because of the privacy in their daily life or religious issues. besides, maybe you can put more emphasis on what kind of protection other countries provide and what kind of protection Taiwan provide. i think by comparing that would make your point that "it is unfair for woman that the crime of adultery be abolished."

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  2. If marriage and family only means responsibilities, then all people live miserable lives.It is because of love that people are willing to do things for those people we love and care about.
    So, what you tried to express is that once the Civil Law is revised, laws against adultery can be abolished? But, your reference is from 2002. And, I think more and more laws protecting single parent and kids from this kind of family are gradually established in these years.
    And, what's more, have you ever heard about honor killings in Jordan? Men can kill women as they find women commit adultery. In no regard to its cultural background, it just offends against basic human rights. Is this penalty for adultery unreasonable? If we wait for their laws protecting women to established, then I think lots of women are just be killed.

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