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
[776] See BERTILLON, _Note pour l'étude statistique du divorce_,
464 ff., 471-73, giving Berlin statistics for 1878 which show
that divorced men remarry within the first three years at about
the same rate as widowers, while divorced women remarry more
rapidly than widows. The results obtained from Swiss statistics
are nearly the same: see the table in BERTILLON, "Du sort des
divorcés," _Jour. de la société de statistique de Paris_, June,
1884; reproduced by WILLCOX, _The Divorce Problem_, 27. On the
other hand, OETTINGEN, _Die Moralstatistik_, 153-62, on the
basis of statistics for Saxony (1834-49) and the Netherlands
(1850-54), shows a strong tendency to remarry on the part of
divorced persons of either sex, as compared with widows and
widowers, the divorced women remarrying much more frequently than
the men. DIKE, _Rep. of the Nat. Div. Ref. League_ (1891), 18,
gives some facts for Connecticut. In 1889, 286 divorced persons
were married, "135 men and 151 women, which is a little above
one-third of the number divorced in the year. In 1890 there were
477 divorces granted, or 954 individuals divorced: and there
were 350 divorced persons"--143 men and 207 women--"who married
again." To be of much value these figures should be compared
with the number of marriages of widowers and widows for the same
period.
After all, in this fact do we not catch a glimpse of the proper
sphere of divorce legislation? Divorce is a remedy and not the
disease. It is not a virtue in a divorce law, as appears to be often
assumed, to restrict the application of the remedy at all hazards,
regardless of the sufferings of the social body. If it were always
the essential purpose of a good law to diminish directly the number
of _bona fide_ divorces, the more rational course would be to
imitate South Carolina and prohibit divorce entirely. Divorce is not
immoral. It is quite probable, on the contrary, that drastic, like
negligent, legislation is sometimes immoral. It is not necessarily
a merit, and it may be a grave social wrong, to reduce the legal
causes for a decree to the one "scriptural" ground. The most
enlightened judgment of the age heartily approves of the policy of
some states in extending the causes so as to include intoxication
from the habitual use of strong drinks or narcotics as being equally
destructive of connubial happiness and family well-being. Indeed,
considering the needs of each particular society, the promotion
of happiness is the only safe criterion to guide the lawmaker in
either widening or narrowing the door of escape from the marriage
bond. The divorce movement is a portentous and almost universal
incident of modern civilization. Doubtless it signifies underlying
social evils vast and perilous. Yet to the student of history it is
perfectly clear that this is but a part of the mighty movement for
social liberation which has been gaining in volume and strength ever
since the Reformation.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account