Analysis of Modern Law from a Gender Perspective - Gender in Germany in 18-19th Century and its Influence on the Legislation

本研究共分四章。本文的主要内容是对非婚生子女法的分析。在基督教的影响下，私生子和未婚母亲在西方国家长期受到严重歧视。这种歧视更多地与性别偏见有关，而不是与世纪以来的宗教偏见有关。1804年《民法典》和1896年《大不列颠及北爱尔兰联合王国民法典》均将私生子及其母亲视为扰乱父亲及其合法家庭。男人认为未婚母亲应该缺乏母性。在第一次世界大战中大量男性死亡后，政府开始审查对私生子的保护。尽管为改革非法法律作了种种努力，但为了保护父亲的合法家庭，对非婚生子女的歧视仍在继续。但是，未婚妈妈的情况略有改变。男人开始认为她应该有母性，也应该有合法的母亲。它反映了基于性别角色的性别偏见的普遍化。通过对不正当法律的分析，我们可以了解性别角色及其对社会和立法的影响。社会性别与身份、阶级、宗教等一样，都是社会建构的重要因素，社会性别视角的法律的史旨在分析社会性别秩序，考察社会性别秩序与其他因素的关系及其对法律的秩序的影响。

This study consists of 4 chapters. The main subject is the analysis of the illegitimate child law. The illegitimate child and its unmarried mother were severely discriminated for a long time in Western countries under the influence of Christianity. Such discrimination was related much more with a strong gender bias than the religion bias since 19th century. The illegitimate child and its mother were regarded to disturb father and his legitimate family in Code Civil (1804) as well as BGB (1896). Man believed that unmarried mother should be lacking in motherhood. After a large number of men died in the World War I, the government began to examine the protection of the illegitimate child. In spite of all attempts to reform the illegitimate law, the discrimination of illegitimate child continued in order to protect the legitimate family of father. But, the situation of unmarried mothers changed a little. Man became to think that she should have motherhood as well as legitimate mother. It reflected that the gender bias on the ground of sex role became popular. Through the analysis of the illegitimate law, we can understand the sex role and its influence to the society and the legislation. Gender is an important factor in the construction of society as well as status, class, religion and so on. The aim of the legal history from a gender perspective is to analyze the gender order in each society and examine the relationship with other factors and its influence to the legal order.