同性恋之法理初探

作为一种社会现象,同性恋已经存在了几千年,在中国古书上也有断袖之癖的记载。历史上大量才华横溢的政治家、艺术家、哲学家都是同性恋者,龙阳君、汉哀帝、郑燮(郑板桥)、苏格拉底、柏拉图、米开朗基罗、圣.奥古斯丁、莎士比亚、列奥纳多.达.芬奇……优秀的同性恋名人数不胜数。但是,因为与传统的社会习俗相悖,直到今天,同性恋群体依然是一个被极其边缘化的群体,经常视作异类,不被我们强权社会所接纳,而在当代以自由、公平和正义为价值理念的法律世界中,我们应当为他们做些什么。

Primarily on Legal Principles of Homosexuality

As a kind of social phenomenon, homosexuality has existed for thousands of years, which was ever recorded in Chinese ancient books. There were so many brilliant statesmen, artists and philosophers who were homosexual, such as Long Yangjun, Emperor Han Ai, Zheng Banqiao, Socrates, Plato, Michelangelo, Shakespeare, Da Vinci etc. However, contradictory to traditional social customs, homosexuals are still a periphrized group, who are often viewed as different species and cannot be accepted by our society. In this realm of law under the value concept of freedom, fairness and justice, what we should do for them?