Indulgence on the discourse of divorce bill by.

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Divorce Bill as a means of better or destructive future in the Philippines?

Divorce Bill as a means of better or destructive future in the Philippines?

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  • 1. Indulgence on the Discourse of Divorce Bill by means of Michel Foucault Archeological-Genealogical Approach
  • 2. MICHEL FOUCAULT
  • 3. BIOGRAPHY • Born Paul-Michel Foucault in Poitiers, France on October 15, 1926 • Father was a surgeon who hoped Michel would follow in his footsteps • Known for his critical studies of various social institutions, including medicine, education, psychiatry and his work on the history of sexuality • Influenced by Friedrich Nietzsche, Immanuel Kant and Georges Dumézil • Experimented with the drug LSD in 1975, considered it the best experience of his life
  • 4. EDUCATION AND CAREER • attended École Normale Supérieure; earned degrees in both psychology and philosophy • Was a member of the French Communist Party from 1950-1953; later it was said he never was an active participant • Taught psychology at the University of Lille from 1953-1954 • 1954-1958 - served as a cultural delegate to the University of Uppsala in Sweden • Also held teaching posts at Warsaw University, the University of Hamburg and the University of Tunis throughout the late 1950s and 60‟s • Also earned his doctorate in philosophy • 1970- elected to France's most prestigious academic body, the Collège de France as Professor of the History of Systems of Thought • First visited the U.S. in 1970- lectured at the University of Buffalo and UCBerkeley
  • 5. THE IMITATION OF LIFE • Foucault‟s writings on sexuality are thought to have been influenced by his homosexuality • In the 1970‟s and 80‟s, Foucault participated in anonymous lifestyle in San Francisco. It is suspected during this time, he contracted HIV • Died of an AIDS-related illness on June 16, 1984; the 1st high profile French personality to be reported as an AIDS victim • Originally slated to be a six-volume project, his work The History of Sexuality was never fully published due to restrictions within his estate.
  • 6. DISCOURSE The analysis of discourse rigorously ignores any fundamental dependence on anything outside of discourse itself; discourse is never taken as a record of historical events, an articulation of meaningful content, or the expression of an individual or collective psychology.
  • 7. Instead, it is analyzed strictly at the level of „things said‟, the level of which statements have their „conditions of possibility‟ and their conditions of relation to one another.
  • 8. ARCHIVE It is usually taken to be the total set of collected texts from a given period (or for history altogether). Is not a set of things or even a set of statements, but rather a set of relations: it is „the general system of the formation and transformation of statements.‟
  • 9. ARCHEOLOGICAL Seeks to describe discourses in the conditions of their emergence and transformation rather than in their deeper, hidden meaning, their propositional or logical content, or their expression of an individual or collective psychology.
  • 10. GENEALOGICAL An attempt to consider the origins of systems of knowledge, and to analyze discourses. Attempts to reveal the discontinuities and breaks in a discourse, to focus on the specific rather than on the general.
  • 11. ARCHEOLOGICALGENEALOGICAL APPROACH Archeology is concerned more on finding out the resemblances, similarities, patterns and continuities in the history of social institutions; genealogy, on the other hand, puts emphasis more on the dissimilarities, the “loose ends”, discontinuities or the “break”/disruption that occur all along.
  • 12. DIVORCE BILL Five grounds for filing a petition for Divorce: (1) The petitioner has been separated de facto from his or her spouse for at least five years at the time of the filing of the petition and the reconciliation is highly improbable; (2) The petitioner has been legally separated from his or her spouse for at least two years at the time of the filing of the petition and reconciliation is highly improbable;
  • 13. (3) When any of the grounds for legal separation under paragraph . . . . . . (4) When one or both spouses are psychologically incapacitated to comply with the essential marital obligations; (5) When the spouses suffer from irreconcilable differences that have caused the irreparable breakdown of the marriage.
  • 14. Article 55. (A). A petition for legal separation may be filed on any of the following grounds: (1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner. (2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation. (3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement. (4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned.
  • 15. (5) Drug addiction or habitual alcoholism of the respondent. (6) Lesbianism or homosexuality of the respondent. (7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad. (8) Sexual infidelity or perversion. (9) Abandonment by the respondent against life of the petitioner. (10) Abandonment of petitioner by respondent without justifiable cause for more than one year. For purpose of this Article, the term “child” shall include a child by nature or by adoption.
  • 16. Article 56. The petition for legal separation or DIVORCE shall be denied on any of the following ground: (1) When the aggrieved party has condoned the offense or act complained of; (2) Where the aggrieved party has consented to the commission of the offense or act complained of; (3) Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation or DIVORCE;
  • 17. (4) Where both parties have given ground for legal separation; (5) Where there is collusion between the parties to obtain the decree of legal separation or DIVORCE; (6) Where the action is barred by prescription.
  • 18. HISTORY Philippine society generally frowns upon and discourages marital break-ups and so provides cultural and legal safeguards to preserve marital relations.
  • 19. Women are traditionally regarded as primarily responsible for making the marriage work and are expected to sacrifice everything to preserve the marriage and the solidarity of the family.
  • 20. The sheer number of petitions that have been filed since 1988 for the declaration of the nullity of the marriage under Article 36 of the Family Code shows that there are just too many couples who are desperate to get out of failed marriages.
  • 21. Official figures in 2009 showed that nineteen women were victims of marital violence everyday. Among the different forms of violence and abuse against women committed in 2009, wife battery ranked highest at 6,783 or 72% according to the Philippine National Police.
  • 22. The Department of Social Welfare and Development likewise recorded marital violence as highest among different forms of violence against women at 1,933.
  • 23. The bill retains the existing remedies of legal separation, declaration of nullity of the marriage and annulment and only adds divorce as one more remedy. Couples may choose from these remedies depending on their situation, religious beliefs, cultural sensibilities, needs and emotional state.
  • 24. Divorce could actually provide protection to battered women and their children from further violence and abuse.
  • 25. SYNTHESIS Archeological Method is an outgrowth of the use of history of concepts. This method is concerned with the conceptual structures subtending the reality. Genealogical Method can be understood in terms of his desire to write histories of present. Foucault simply identifies genealogy with history of the present specifically concerned with the complex casual antecedents of a socio-intellectual reality.
  • 26. (1) women are traditionally regarded as primarily responsible for making the marriage work and are expected to sacrifice everything to preserve the marriage and the solidarity of the family. (2) Some are not prepared to handle the intricacies of the married life. (3) That law will put an end to the creative efforts played daily in courtrooms across the country to accommodate a wide range of cases in order to prove “psychological incapacity.”
  • 27. (4) In the beginning of the 16th century, before the Spanish colonial rule, absolute divorce was widely practiced among ancestral tribes such as Tagbanwas of Palawan, the Gadangs of Nueva Vizcaya, the Sagadas and Igorots of the Cordilleras, and the Manobos, B‟laans and Moslems of the Visayas and Mindanao islands. (5) Divorce was also available during the American Period, starting from 1917 and during the Japanese occupation and after, until 1950.
  • 28. Divorce may be resorted to by individuals to achieve peace of mind and facilitate their pursuit of the full human development.