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阅读君请收：本月第十六篇一思考古，对应2011.6 JJ， 请考过的童鞋过来确认下吧。
1.1.9 女性受男性影响 （原文）
Guardianship（保护，监护） over women in medieval Flanders: a reappraisal（重新评估）
Recent debates in premodern women's history have focused on women's social and legal position. The greatest contention（论点） appears to center on the particular systems or conditions that most consistently determined women's social status and the scope of their activity. Judith Bennett, for example, argues that patriarchy（父系社会） is the defining system, while Bridget Hill maintains that economic factors are at least equally important.(1) Neither, however, questions the assumption that women's status was somehow essentially inferior to that of men.(2) Female inferiority is perhaps most clearly expressed in the automatic guardianship of men over women, and not surprisingly, guardianship over women looms large（显得突出） in most studies of secular（现世的） women.(3) When a society is deemed patriarchal, there is, in fact, a strong tendency to assume that constraints（约束） on women's activities exemplify（证实） guardianship, or at least reflect an underlying tendency in that direction. It is nevertheless important to avoid any reflexive equation of patriarchy with guardianship over women.
第一段作者反驳了两个观点：父系社会对妇女地位的影响因素，还有经济因素对妇女地位的影响。
并且提出了自己的观点：以上两种观点都忽略了一个前提，那就是男性自动自发的监护、保护成为了女人地位低于并且依附于男人的因素。
This assumption may well underlie two of the principal studies of the social history of medieval Flanders, both of which are predicated on（以...作为基础） the existence of guardianship over women. In The Domestic Life of a Medieval City: Women, Children and the Family in Fourteenth-Century Ghent, David Nicholas states "[m]ost women had legal personalities only through male guardians. The guardian's consent was implied even if he was not present to speak for her. The guardian of a single woman was normally her father or failing him a brother or uncle. Her husband assumed legal responsibility for her when she married."(4) A few pages later he reiterates that "single adult women were normally under the guardianship of their fathers or brothers, with tutelage （监护）reverting more generally to the kindred（亲属） if males of the conjugal（结婚的） family were dead or incompetent."(5)妇女的法律人格要通过男性监护来体现。而其本身无独立法律地位。
这一段说的是：第一段的新观点成为了两个中世纪Flanders的社会的理论研究的基础。这两个理论研究都是以guardianship作为基础的。他们得到了一个人（DN）的支持和验证。
Nicholas's work, however, is seriously flawed. In the first place, he documents only the sentence ending "through male guardians;" the rest of his statements lack citation.（引证）（匹配jj，缺乏documentation文献材料） He provides no bibliography（参考文献）, and a search through his notes reveals that he did not look very far beyond the holdings of the city archives（档案） in Ghent. Although his introduction provides an overview of the historiography（编史） on European women's history in general, it is most notable for the absence of the works of Flemish scholars on this subject. While one can hardly fault him for omitting reference to works of contemporary scholars such as that of Marianne Danneel,(6) his neglect of the work of Philippe Godding, of E. M. Meijers, and particularly of Jean Gilissen, a leading legal historian in the field, is incomprehensible（令人费解的）.)
第三段是说DN的理论缺乏必要的根据。表现在他没有参考同时代Flemish人（Flander地方的人）的一些文献材料与观点。他的研究也没有跳出Ghent这个地方的局限。)缺乏文献支持male guardians的观点
In the second place, his one note refers the reader not to legal texts, but instead to W. van Iterson's Vrouwenvoogdij ("Guardianship over Women").(8) Despite its title, however, Iterson's work does not confirm Nicholas's claims. For one thing, the focus of Iterson's work is the northern, not the southern Low Countries.(9) Secondly, a majority of the evidence Iterson cites comes from the fifteenth, not the fourteenth century. Thirdly, Iterson's stated focus is not all women, but only unmarried ones.(10) Finally, Iterson's conclusions are actually contrary to those of Nicholas; he states unequivocally（明确的）, in fact, that "there are no traces of a general fixed guardianship over an unmarried woman who has attained her majority."(11) He maintains instead that incidences of guardianship over single women in the northern Low Countries are, in fact, ad hoc（特别的） in nature.(12)（I的主张与N不同，不是确认N的结果）
第四段作者继续说DN的理论缺陷。因为DN只是参照了Iterson的观点，但是Iterson的观点除了书名外与DN的都不一致。表现在以下四个方面：Iterson着重的是北方的城市，证据来源于15世纪而不是14世纪，他只着重研究未婚妇女，第四，Iterson书中的观点与DN相对，他说guardianship对于独身女性来说是很特别的，也很难追溯。
There are reasons for Nicholas's difficulty in finding adequate documentation for his claims. The conditions he outlines echo those associated primarily with Roman law,(13) but Roman law, as Philippe Godding had abundantly demonstrated, had a negligible（微不足道的） impact on Flemish social custom before the fifteenth century.(14) Furthermore, no item or provision（条款） in any keure (customary law of a community) directly addressed the issue of guardianship over women, and only one so much as implied a belief in womanly weakness that might, by extension, be taken to have necessitated guardianship.(15) Since guardianship over women, married or not, finds no expression in law codes, it must instead be deduced from（从...得出结论） practice.(16) Godding, the author of Le droit prive dans les Pays-Bas meridionaux du 12e au 18e siecle, readily acknowledges this state of affairs, but he, like Nicholas, assumes that some sort of a system of guardianship over women was in place; Godding does caution, to be sure, that actual practice was far from uniform.(17)
第五段说DN的理论难以得到文献的支撑的原因有二：第一，他的理论条件来源于当地的一部法律，但是这个法律在15世纪前，对Flander的人来说微不足道。第二， 法律中也并没有明确说明监护女人的这一条，只是说了句女人是弱者，因此可能需要必要的保护。所以DN的理论是从实践中而不是法律条文中得出的。
另外，本段也提到了另一个作家Godding，下个段落会详细说他。
Guardianship is not the principal focus of either work, and neither scholar spends a great deal of time proving its existence. Although much of the rest of his analysis is predicated on guardianship over women, it is enough for Nicholas to have asserted its existence. He may have assumed, in fact, that since Flemish society was patriarchal, women must have been under some form of guardianship. Occasions when men act with women simply serve to confirm such an assumption. Godding is far more judicious（明智的）, providing one or two examples that might be considered to reflect guardianship within the context of a forthright discussion of the likelihood of its existence. At least upon one occasion, however, his evidence does not bear out（支撑） his conclusion. He claims, for example, that women in Lille were prohibited from judging men. The basis for this assertion is chapter 43 of the Lillois custumal. Chapter 43 states that men will judge men; it is easy to see how Godding arrived at the conclusion that women will not judge men. But the item also states that women will judge women. If one consistently applies the logic of Godding's own argument, this means that just as women are incapable of judging men, men are incapable of judging women hardly an indication of guardianship over women.(18)
这一段说的是DN他假设Flander是父系社会，女人要受男人保护。Godding显然要更明智，因为他提供了例子而不是假设。但是他的例子中起码有一个也是不能支撑他的观点的。（就是他说女人不能审判男人的那个例子，但是他曲解了引用原文的意思，所以不对）
Our thesis, in contrast to the above, is relatively straightforward: that the lack of legal texts specifically addressing guardianship over women simply reflects the absence of any such systematic practice – that patriarchy, at least in medieval Flanders, did not necessarily imply guardianship over women. 新观点 If guardianship over women was not uniform, then any particular instances of it were probably ad hoc in nature, as Iterson suggests, and not systematic. An examination of constraints on bodily integrity, on the possession and disposal of property, on women's position within the family, on employment, and on public participation reveals, in fact, that men did not act for women in any systematic fashion. It also reveals not only that men were not economically responsible for women but also that they did not have to act for them in public. The pairing of women with men in the documents was, with one exception, not a reflection of the demands of guardianship but rather an expression of the corporate body which men and women together constituted. The exception has to do with land held in feudal tenure.(19) Women participating in transactions involving fiefs were always represented by some man, acting as either guardian or advocate. Flanders was hardly feudal, however, and it would certainly be inappropriate to generalize the requirements pertinent to this one system of land tenure to cover all instances of female activity.
这一段提出了作者的新观点：缺乏文献支撑的男人保护女人的观点显然表明了现实中这种保护不存在普遍性。事实上男人也确实不会保护女人或在经济上对其负责。其实男人与女人的关系不是保护与被保护，而是两者作为一个合作共体的表现。
The focus of this study is explicitly on secular women. Since urban areas left more records than did rural ones, the study centers primarily though not exclusively on women living in the major Flemish towns: Bruges, Douai, Ghent, Lille, and Ypres. The reason for leaving religious women out of the picture, even though the degree to which they exercised particularly local authority contributes significantly to our understanding of Flemish women's historical experience as a whole, is that they lived, for the most part, under quite distinct legal and social conditions. The exception, of course, was the beguines, who were neither fish (avowed) nor fowl (secular women). To include them would make this essay far too long; moreover, a large number of studies already focus on them.(20)
最后一段是说DN的研究主要在世俗妇女上，并且并不只研究生活在大城镇的妇女。另外，他也没有包括宗教女性，因为她们生活在一个非常不同的法律和社会环境中。
题目：观点绕的挺多。大家注意它举的例子。我考的题目几乎全是例子的细节题。 |
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发表于 2015-12-26 23:34:48
