A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
to measure exactly the effects of lax or restrictive legislation.
The divorce movement is dependent upon social forces which lie far
beyond the reach of the statute-maker. Yet it seems almost certain
that there is a margin, very important though narrow, within which
he may wisely exert a restraining influence. Good laws may, at any
rate, check hasty impulse and force individuals to take proper time
for reflection. They may also by securing publicity prevent manifold
injustice in the granting of decrees.
[773] WRIGHT, _Report_, 150 ff.
[774] Including the repeal in 1878 of the celebrated Connecticut
"omnibus clause" introduced in 1849. On the alleged influence
of this clause see DIKE, "Facts as to Divorce in New England,"
in _Christ and Modern Thought_, 197-202; _idem_, "Some Aspects
of the Divorce Problem," _Princeton Review_, March, 1884, 170,
171; and especially LOOMIS, "Divorce Legislation in Conn.," _New
Englander_, XXV, 436 ff., 441, 442, giving a table of Connecticut
divorces by counties, 1849-65; and ALLEN, "Divorce in New
England," _North Am. Rev._, CXXX, 547 ff., giving statistics for
the period 1860-78.
[775] For example, Massachusetts created four new causes of
divorce in 1870; and in 1873 reduced the time of desertion
necessary to constitute a ground of divorce from five to three
years. Divorces increased from 337 in 1872 to 611 in 1874. A part
of this gain was probably due to the change in law, although
in all the entire group of north Atlantic states there was at
the same time a large increase which cannot be thus accounted
for. The lax law of residence in Utah previous to 1878, and the
reduction of the term of desertion from two years to one by the
Dakota legislature in 1881, were each responsible for an increase
in the divorce rate: compare WRIGHT, _Report_, 152 ff., 156, 203
ff.; WILLCOX, _A Study in Vital Statistics_, 85-90; _idem_, _The
Divorce Problem_, 41-61; with the criticism of DIKE, "Legislation
and Divorce," _New York Eve. Post_, July 2, 1891.
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