yes / Two recent detailed reports, by the U.K Northern Ireland Office (NIO) - January 2004 1 and the U.S. Council on Foreign Relations (CFR) - February 2004 2, provide further insights into current policy and technology developments in the U.K. and U.S. The NIO report is the 4th and final report of a U.K wide Steering Group set up by the Secretary of State for Northern Ireland in Summer 2000, with the objective: To establish whether a less potentially lethal alternative to baton rounds is available; and to review the public order equipment which is presently available, or could be developed, in order to expand the range of tactical options available to operational commanders. 3 In her foreword to the report Jane Kennedy, Minister of State for Northern Ireland notes that: Despite a protracted and international search for a commercially available product, we have been unable to find anything that meets the criteria of an acceptable, potentially less lethal alternative to the baton round currently in service which provides an effective capability that does not expose officers and the public to greater risk in violent public disorder.4 The NIO Report has sections looking at the Defence Science and Technology Laboratory (DSTL) programme on the development of less lethal technologies (particularly the Attenuating Energy Projectile and the Discriminating Irritant Projectile); commercial off the shelf product evaluations and update (12 Gauge Sock Round Assessment); Water Cannon; the U.K. use of less lethal technologies (with a focus on L21A1 baton rounds, CS sprays and the Taser). The report also contains a section entitled `The Management of Conflict¿ which discusses the dynamics of crowd behaviour. For a critical response to the NIO report see that from Dr. Brian Rappert.5 The CFR report provides a strong endorsement for non-lethal weapons. A key finding states: Wider integration of nonlethal weapons into the U.S. Army and Marine Corps could have reduced damage, saved lives, and helped to limit the widespread looting and sabotage that occurred after the cessation of major conflict in Iraq. Incorporating NLW capabilities into the equipment, training and doctrine of the armed services could substantially improve U.S. effectiveness in conflict, post-conflict, and homeland defense. 6 Interestingly, in describing the nonlethal capability sets (NLCS) which have been deployed in Kosovo and Iraq, and which help to provide a continuum of force between ¿don¿t shoot¿ and ¿shoot¿ 7, the CFR seems to distinguish between NLWs (rubber balls [grenades and shotgun munitions], bean bags, riot shields, Tasers, net entanglers, and caltrops), and equipment such as flash-bang grenades, laser dazzlers, and bullhorns of which it states ¿It is important to note that these are not weapons but non-lethal capabilities¿ 8 The CFR recommends expanded deployment of NLWs in the armed services, longer ranges for non-lethal payloads using precision delivery and fusing systems, and further development of millimetre-wave area-denial system (HPM weapons such as VMADS) and the advanced tactical laser (ATL). The report also argues for the need to have a bigger Joint Non-Lethal Weapons Directorate (JNLWD) or a new Non-lethal Joint Program Office (NLJPO) and for Bradford Non-Lethal Weapons Research Project (BNLWRP) ¿ Research Report 5 (May 2004) 2 closer links with the Joint Forces Command (JFCOM). In the opinion of the authors the JNLWD should also have more access into classified programmes throughout all branches of the armed services so as not to duplicate non-lethal development initiatives. To stimulate incorporation of NLWs throughout the U.S. Armed Services the CFR advocates two approaches: (1) top-down planning in the Defense department and (2) creation of demand for these [NLWs] weapons from the field as personnel gain experience with prototype equipment. 9 They argue there is a need for the top-level military and civilian leadership to be educated about NLW capabilities, not only for warfighting and peacekeeping, but also in `homeland defence in isolating a hot zone in the aftermath of a biological attack' 10. We will be referring again to both the NIO and CFR publications in other sections of this report.

本文係為探討婚姻法學研究對西歐於文藝復興、宗教改革以及婚姻還俗運動前之婚姻法沿空白所撰。並以「世俗」及「教會」兩個角度切入，依照「羅馬帝國」（西元1-476年）、「初代教會」（1-500年）、「中世紀初期」（500-1000年）、復興改革時期（1000-1200年）之歷史沿革，探討今日婚姻法中諸如婚姻之本質、婚姻之成立、婚姻障礙、婚姻成立後之權利義務及婚姻之解消等制度之由來與發展。 首先，在羅馬帝國方面。按此時期之羅馬婚姻法對「嫁妝」著墨最多，似可顯示羅馬婚姻之重點乃在婚姻締結後對男方家族財產之重新分配，而非單純身分關係之新設、連結與延伸。在此同時，亦可察見自西元一世紀起，源自聖經之教會婚姻觀，強調婚姻之本質係「丈夫與妻子連合，兩人成為一體」之「兩人一體」關係，婚姻之成立係儀式婚，成立後，丈夫與妻子需秉持「愛與順服」彼此相待，且因婚姻為「神所結合，所以人不能分開」而衍生出婚姻不可解消之基本信念。 進入中世紀初期，「神本」之婚姻觀雖藉由散落各地之教會而廣為傳播，然而，對上層王公貴族，即使有如法蘭西之卡洛琳王朝般，與教會關係良好之政權，但一般上層階級，為維護其家族利益，繼承財產與個人私慾，對「兩人一體」之婚姻觀與「婚姻不解消」主義，仍是敬謝不敏，至多於犯罪後前住教會懺悔認罪，或在晚年進入修道院度此餘生。故中世紀初期之聖俗婚姻觀影響結果，係呈現「下聖上俗」之光景。 經歷過千禧年後，整個西歐來說似可稱為進入一個「復興改革時期」。在婚姻規範方面，或因教會改革奏效，民心歸向，且部分國王亦完全服膺教會婚姻規範，故上層階級之婚姻亦逐漸展現「由俗入聖」之趨。在婚姻法制方面，則在1140年左右由格拉濟亞，藉由教會法制史首見之科學分析方式，交出名為「不和諧教會法之調合」(Concordia discordantium canonum, A Harmony of Conflicting Canons)之法令集（Decretum），其內之婚姻法案例堪稱教會婚姻法一千多年來之結晶，堪稱為西歐婚姻法制化之源頭。 綜上，本研究發現今日婚姻法之法制起源，並非僅源自於十六世紀之法國民法，而係早在十二世紀之教會婚姻法中便可窺見其萌芽之蹤影，而今日婚姻法中受教會婚姻法影響者，亦非如一般教科書所稱僅「婚姻不解消」一端，而係包括「意思婚」、「一夫一妻制」及「異性婚」，並且禁止「重婚」、「內婚」均直接或間接受十二世紀教會婚姻法之影響。 / Abstract The study was to explore the vacant development of marriage legal history before Renaissance, Religious Reformation and marriage returned to secular(movement de la sécularization du marriage) in Western Europe. Based on the four periods of history including “Roman Empire”(A.D1~A.D476),“the early church” (A.D1~A.D500), “Middle Age(A.D500~A.D1000)”, “the period of renew and reform (A.D1000~A.D1200)”, the study explored the origin and the development of today’s marriage law such as the essence, establishment, obstacle of the marriage, the right and obligation after getting marriage, and the dissolution of marriage, etc. At first, the law of marriage in Roman Empire was established on “Dos’’(dowry) a lot. It showed that the main focus of Roman marriage was on re-allotting the properties of the male’s family instead of simply reconstituting connecting and extending two persons’ relationship after getting marriage. Meanwhile from the first century, the law of marriage in the Church derived from Holy Bible emphasized the essence of marriage on the relationship of “two will became one flesh” in “A man will be united to his wife and they will become on flesh”. And through a ceremony, the marriage was established. After the ceremony, husband and wife should treat each other with love and obedience. Moreover ,the basic conviction of no dissolution after of the marriage was derived from that the marriage was established on the belief “what God has joined together ,let man not separate”. During Middle Age (A.D 500~ A.D 1000), although the churches which spread over everyplace disseminated extensively the concept of “marriage rooted in God”, the upper class of society still didn’t approve the marriage concept of “two will become one flesh” and the conviction of no dissolution of the marriage, since they wanted to safeguard their family benefits, inherit properties, and satisfy their personal desire. Even like Carolingain dynasty in France which maintained good relationship with the Church was also in the same position. The upper class most went to the church and confessed their sin after committing crime, or spent the rest of their elder life in the abbey. As a result , the marriage of the lower class was holy and the upper class was secular showed during Middle Age. To Western Europe, after millennium seemed to be called the period of renew and reformation. (A.D 1000~ A.D 1200). Since reformation in the Church showed results , the public attitude was for the Church, and some kings completely obeyed the marriage regulations of the Church, the marriage in the upper class also gradually displayed from secular to holy tendency. On the marriage legal system, Gratian composed a Decretum named “Concordia discordantium canonnum, A Harmony of Conflicting Canons” in A.D.1140 . The Causae of Decretum was recognized as the excellent piece of Church one thousand years age and the origin of marriage legal system in Western Europe. The study found that the origin of today’s marriage legal system was not only derived from French Civil Law in the sixteenth century, but from marriage law in the Church in the twelfth century, And marriage law of the church in the twelfth century impacted today’s marriage law in many aspects. The influence was not only limited on the conviction of no dissolution action of the marriage as the common textbooks declared so, but directly or indirectly on the conviction of “ consensual marriage” ,“monogamy”, and on forbidding “ plural bigamy marriage” and “consanguine marriage.

The Portuguese galleon, the São João, is one of the greatest enigmas in South African maritime history, not only because so little is known about its cargo, passengers and crew, but also because the location of the wreck has puzzled researchers from the early 20th century until the present. The aim of the Port Edward Project 2001-2003 was to assess both documentary and physical material pertaining to the wreck, to throw more light on the location of the wreck site and survivor camp because this ship is an important part of South Africa’s maritime history as it was the first cargo ship wrecked along the country’s coastline. Many researchers believe it was one of the most richly laden ships to have left India since it was discovered. To begin with all available sources containing reference to the São João and the events surrounding its wrecking were investigated. This established a historical archaeological standard for dating and identification of Portuguese shipwrecks along the South African coast. A chronological examination of the extent of documentary sources resulted in an archaeological underwater and land survey in the area where the greatest concentrations of artefacts are still found today. This geographic area was within a defined zone within the municipal area of Port Shepston. Investigations were limited to a stretch of coast and adjacent inland area between the town of Port Edward, more specifically Tragedy Hill, and the Kuboboyi River. The archaeological material investigated: includes: Chinese porcelain shards, cowrie shells, cornelian beads, pepper and cannons. To prevent reiterating previous investigator’s research a survey was conducted to determine what scientific research has been done on the archaeological material. The actual location of the campsite has not been indisputably determined. It became evident that some research has been done to identify this important site but always only up to a certain point where some uncertainty still remains. This uncertainty is the result of certain factors. Firstly, Tim Maggs only positively identified the wreck site in the early 1980’s. Secondly, great amounts of agricultural activity have been reported in the area and thirdly the survivors only camped for twelve days, which limits the possibility of finding any material. In order to assist in locating this elusive site, the descriptions and details of other Portuguese campsites were investigated. From this it was possible to construct a virtual picture of the survivor camp by comparing the survivor’s account and the known characteristics of Portuguese survivor camps with the artefacts found and geography of the Port Edward area. The chronological examination of documentary sources, the comparison of other Portuguese survivor campsites, the artefacts found in Port Edward and the geography of the area led to the following conclusions: it can be said with a reasonable amount of certainty that the site in Port Edward is that of the São João. A site which demonstrates Portuguese campsite characteristics, where great concentrations of pepper have been found, was identified. It has been established that the partnership with historical documentation and archaeology gives this project the option of taking the investigations further. The virtual scenario assists in reducing the possibilities and refining the focus as opposed to merely terminating the search. It is recommended that specialized equipment be used for future underwater research since the sea conditions are harsh and dangerous. Tough the possible location of the survivor camp was established further excavations might reveal more about the construction of the camp. / Dissertation (MA (cultural history))--University of Pretoria, 2005. / Historical and Heritage Studies / unrestricted