{"created":"2023-06-20T15:59:13.147045+00:00","id":4320,"links":{},"metadata":{"_buckets":{"deposit":"53061869-636b-4be8-acf8-30c11846b158"},"_deposit":{"created_by":17,"id":"4320","owners":[17],"pid":{"revision_id":0,"type":"depid","value":"4320"},"status":"published"},"_oai":{"id":"oai:minpaku.repo.nii.ac.jp:00004320","sets":["345:451"]},"author_link":["253"],"item_9_biblio_info_7":{"attribute_name":"書誌情報","attribute_value_mlt":[{"bibliographicIssueDates":{"bibliographicIssueDate":"1989-03-29","bibliographicIssueDateType":"Issued"},"bibliographicIssueNumber":"4","bibliographicPageEnd":"856","bibliographicPageStart":"807","bibliographicVolumeNumber":"13","bibliographic_titles":[{"bibliographic_title":"国立民族学博物館研究報告"},{"bibliographic_title":"Bulletin of the National Museum of Ethnology","bibliographic_titleLang":"en"}]}]},"item_9_description_4":{"attribute_name":"抄録","attribute_value_mlt":[{"subitem_description":"The institution commonly referred to as bridewealth remains\nuniversally practiced among the Gusii of western Kenya. Gusii\nbridewealth is \"progeny price\" in its principal legal implication.\nWhat the bridewealth system as such is designed to primarily\nprotect is the husband's exclusive right over his wife's offspring.\nAll the wife's children, by whomever begotten, belong to her\nhusband as well as to his lineage, either during his lifetime or\nafter his death, unless the bridewealth is returned, in whole or\nin part, to him or to his heirs by way of divorce. The major\ndisputes arising between the parties concerned from an impending\ndivorce are always related to the custody of children and the\nrepayment of bridewealth.\nThe first half of the paper examines 42 divorce cases heard\nat Kisii Law Court in 1979-1980. The divorce suits filed by\nwomen number more than twice those filed by men. What\nprimarily motivates a wife to initiate legal actions is her wish to\nacquire the right of custody over her children. A divorce, if\ngranted by the court, also clears the way for her subsequent\nlawful remarriage. All the couples involved in divorce cases\nhave been separated for a certain period, and their marriage is\nirrevocably broken. A husband is much less eager to bring a\ndivorce before the court. This is because at any time he is\nallowed to become a polygamist, and by refusing his wife a\ndivorce he continues to have a potential right over her offspring,\nwho may be under her physical custody. Far fewer husbands\nthan wives opt for a divorce suit and, if they do, they usually\npray for both divorce and receiving back their bridewealth,\nthus from the outset waiving their right over children. This\nattitude is in line with that of many other husbands who ignore\na summons from the court in a suit where a wife is claiming the\nright of custody, and who consequently are forced to accept an\nex parte judgement totally in favor of the wife.\nThe magistrates' judgements at Kisii Law Court show a\nmarked tendency to grant the custody of children to the parent,\nthe mother in most cases, who has mainly brought up the\nchildren until the time of the lawsuit. When a wife is granted\nthe custody of all her children, her father is ordered to return\nthe whole bridewealth to her husband. In the very few instances\nwhere a husband is granted the custody of one or two children,\nnone or a portion of his bridewealth is returned, normally one\nchild remaining with him being offset by two head of cattle\ndeducted from the returned bridewealth. A husband sometimes\nrefuses a divorce at the hearing and then claims all children\nhis wife has had on the ground that he has not received back\nhis bridewealth. Such a course of action on the husband's\npart is generally considered by the magistrates to be an abuse of\nthe customary law and, moreover, repugnant to justice and\nmorality.\nThe , second half of this paper compares those divorce cases\nwith others heard in 1950's at a Court of Review. The Court\nof Review, presided over by a British judge, was created in 1951\nto hear appeals from African Courts. The judgements at the\nCourt of Review invariably granted the custody of children to\ntheir genitor, either a husband or another man, who had been\nliving with the former's wife. In cases where a husband-genitor\nwas dead, his biological children were given to the custody of\nhis nearest patrilineal kin, despite the same claim from his wife,\nwho was the genitrix of the children. The judges were well\naware of the long-established customary law to the effect that\nthe children of any irregular union between the wife and a man\nother than the husband, as well as the children of the marriage,\nbelonged to the husband of the regular union. In their judgements,\nhowever, the judges modified this customary law on the\nground that it was repugnant to the principles of natural justice.\nThe major trend in the changes that have occurred in\ncourt judgements as to the custody of children since 1950's is\nvery clear : it may be summarized as the shift of prior emphasis\nfrom a genitor to a nurturer. I maintain that this change has\nbeen brought about not only by the national legal policy of\nunifying customary laws of various ethnic groups, but also by\nnegative evaluations, among increasing numbers of Gusii men,\nagainst the customary law that has served to this day primarily\nto make them jural fathers of as many children as possible.","subitem_description_type":"Abstract"}]},"item_9_identifier_registration":{"attribute_name":"ID登録","attribute_value_mlt":[{"subitem_identifier_reg_text":"10.15021/00004312","subitem_identifier_reg_type":"JaLC"}]},"item_9_publisher_33":{"attribute_name":"出版者","attribute_value_mlt":[{"subitem_publisher":"国立民族学博物館"}]},"item_9_publisher_34":{"attribute_name":"出版者（英）","attribute_value_mlt":[{"subitem_publisher":"National Museum of Ethnology"}]},"item_9_source_id_10":{"attribute_name":"書誌レコードID","attribute_value_mlt":[{"subitem_source_identifier":"AN00091943","subitem_source_identifier_type":"NCID"}]},"item_9_source_id_8":{"attribute_name":"ISSN","attribute_value_mlt":[{"subitem_source_identifier":"0385-180X","subitem_source_identifier_type":"ISSN"}]},"item_9_version_type_16":{"attribute_name":"著者版フラグ","attribute_value_mlt":[{"subitem_version_resource":"http://purl.org/coar/version/c_970fb48d4fbd8a85","subitem_version_type":"VoR"}]},"item_creator":{"attribute_name":"著者","attribute_type":"creator","attribute_value_mlt":[{"creatorNames":[{"creatorName":"松園, 万亀雄"},{"creatorName":"マツゾノ, マキオ","creatorNameLang":"ja-Kana"},{"creatorName":"Matsuzono, Makio","creatorNameLang":"en"}],"nameIdentifiers":[{},{},{},{}]}]},"item_files":{"attribute_name":"ファイル情報","attribute_type":"file","attribute_value_mlt":[{"accessrole":"open_date","date":[{"dateType":"Available","dateValue":"2015-11-19"}],"displaytype":"detail","filename":"KH_013_4_004.pdf","filesize":[{"value":"3.6 MB"}],"format":"application/pdf","licensetype":"license_note","mimetype":"application/pdf","url":{"label":"KH_013_4_004.pdf","url":"https://minpaku.repo.nii.ac.jp/record/4320/files/KH_013_4_004.pdf"},"version_id":"c5c353e1-3839-46b9-85db-2a60b10cf314"}]},"item_language":{"attribute_name":"言語","attribute_value_mlt":[{"subitem_language":"jpn"}]},"item_resource_type":{"attribute_name":"資源タイプ","attribute_value_mlt":[{"resourcetype":"departmental bulletin paper","resourceuri":"http://purl.org/coar/resource_type/c_6501"}]},"item_title":"子の監護と婚資返却 : グシイにおける離婚訴訟の分析","item_titles":{"attribute_name":"タイトル","attribute_value_mlt":[{"subitem_title":"子の監護と婚資返却 : グシイにおける離婚訴訟の分析"},{"subitem_title":"Custody of Children and Bridewealth Repayment : An Analysis of Gusii Divorce Cases","subitem_title_language":"en"}]},"item_type_id":"9","owner":"17","path":["451"],"pubdate":{"attribute_name":"公開日","attribute_value":"2010-02-16"},"publish_date":"2010-02-16","publish_status":"0","recid":"4320","relation_version_is_last":true,"title":["子の監護と婚資返却 : グシイにおける離婚訴訟の分析"],"weko_creator_id":"17","weko_shared_id":-1},"updated":"2023-06-20T19:28:01.365449+00:00"}