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
still be found elsewhere in Europe.
[777] BRYCE, _Studies in Hist. and Jur._, 830.
[778] See WRIGHT, _Report_, 1030, 1033 ff.
[779] "Wenn der andere Ehegatte durch schwere Verletzung der
durch die Ehe begründeten Pflichten oder durch ehrloses oder
unsittliches Verhalten eine so tiefe Zerrüttung des ehelichen
Verhältnisses verschuldet hat, dass dem Ehegatten die Fortsetzung
der Ehe nicht zugemuthet werden kann."--_Reichsgesetzbuch_, Tit.
7, § 1568. For discussion see KOHLER, _Das Eherecht des bürg,
Gesetzbuchs_, 42-46.
But the statistics seem to show that the law is conservatively
administered. The number of divorces is decreasing. "For the
years 1891-95, inclusive, the annual average was 7,258. In
1896 there were 8,601; in 1897 there were 9,005; in 1898 there
were 9,143; and in 1899 they had become 9,563. But under the
new law in 1900 they dropped to 8,934, and in 1901 they were
8,037."--DIKE, _Report_ (1903), 8, 9, on the authority of the
Chief of the Statistical Bureau of Berlin.
The other grounds of divorce allowed by the imperial statute are
adultery, attempt on the life of either spouse by the other,
malicious desertion, and insanity (Geisteskrankheit) of three
years' standing. Divorce for malicious desertion is decreed only
after a preliminary suit for the re-establishment of marital
relations and a year's delay to allow the deserter to return to
conjugal duty: _Reichsgesetzbuch_, Tit. 7, § 1567.
The achievement of a wisely conceived and carefully drafted uniform
law for the entire country, would be of great advantage, although
it might not directly cause a very great decrease in the average
divorce rate, and certainly would not produce the same rate for
the individual states.[780] How may such a uniform law be secured?
The method of procuring the enactment of a federal law under a
constitutional amendment--once much in favor[781]--has for the
present been almost abandoned by active workers. Instead, it is
preferred, through the state commissions on uniform legislation, to
urge the adoption of a model statute by the separate commonwealths.
These commissions, now thirty-five in number, have prepared a
bill for a law governing divorce procedure; and its temperate and
practical provisions ought to gain its general adoption.[782]
All this is well; but it is still more needful to strive for a
common marriage law. In the end it may be found necessary, under
a constitutional amendment, to appeal to the federal power. What
service could a national legislature render more beneficent than the
creation of a code embracing every division of the intricate law of
marriage and divorce? Aside from its educational value as a moral
force, such a code in material ways would prove a powerful guaranty
of social order and stability.
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