A History of Matrimonial Institutions, Vol. 1 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 1 of 3
Howard, George Elliott
Families; Marriage -- History
[BIBLIOGRAPHICAL NOTE V.--For the law and custom of divorce
among uncivilized peoples the best analysis and the most
painstaking classifications are given by Post in his
_Entwicklungsgeschichte des Familienrechts_ and the first volume
of his _Afrikanische Jurisprudenz_, supplemented by the more
general notices contained in his various other writings. The
subject is also well treated, with the usual minute citation of
authorities, in the twenty-third chapter of Westermarck's _Human
Marriage_. The fourteenth chapter of Letourneau's _L'évolution
du mariage et de la famille_ is interesting and suggestive, but
his analysis is defective; and in this connection, as elsewhere,
the author is inclined to take too pessimistic a view of the
juridical character of early society. Further general or special
discussion may also be found in many of the works already
described in previous Bibliographical Notes, especially in those
of Wake, Starcke, Spencer, Mason, Unger, Bastian, Friedrichs,
Smith, Krauss, Wilken, Riedel, Henrici, Bernhöft, Rehme,
Hellwald, Klemm, Ratzel, Waitz, Fritsch, Munzinger, Sarasin, and
the numerous papers of Kohler. For the Chinese, in connection
with the books enumerated in Bibliographical Note IV, read
Legge, _Life and Teachings of Confucius_ (3d ed., London, 1872);
Doolittle, _Social Life of the Chinese_ (New York, 1867); and
Alabaster, _Chinese Criminal Law_ (London, 1899). The literature
relating to the Eskimo and the red Indians of America, mentioned
in Bibliographical Note IV, yields many important notices of
divorce usage. In addition read Thwaite's valuable paper on the
Winnebagoes, _Wisconsin Hist. Collections_, XII (Madison, 1892).
For reference to the divorce institutions among Greeks, Romans,
Hebrews, and Early Germans see Bibliographical Note XI.]
I. THE RIGHT OF DIVORCE
Few of the results of recent research are more surprising than the
revelation of the existence among low races of elaborate systems of
unwritten law covering, often in a very orderly and comprehensive
way, most of the divisions which one ordinarily associates with
"civilized" jurisprudence.[724] This is especially true of the law
of divorce. The investigations of various scholars, notably those
of Kohler, Letourneau, Westermarck, and Post, have disclosed among
the barbarous or even savage races of mankind a careful attention
to detail, a stability, and often a respect for equity, in the
customary rules relating to the dissolution of marriage, which
western prejudice is scarcely prepared to find; while other peoples
commonly looked upon as civilized, but relatively non-progressive,
such as the Chinese, are sometimes quite capable of teaching us
valuable lessons in this regard.
[724] For the proof, see, for instance, the numerous writings of
Riedel, Wilken, Bastian, Friedrichs, Bernhöft, Post, and Kohler.
Public-domain text, read in full here on John Shaqi.
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