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
[780] The uniform divorce law for the Swiss cantons, which went
into effect in 1876, has not tended to produce a uniform rate.
In 1885, for instance, Appenzell, Outer Rhodes, "has forty-nine
times as much divorce as Unterwalden o. d. W., while with all
the divergences of law in this country the differences of rate
are much less."--WILLCOX, _The Divorce Problem_, 59, giving a
table of the decrees granted in the twenty-six cantons, 1876-85;
compiled from _Die Bewegung der Bevölkerung in der Schweiz im
Jahre 1885_ (Beilage I).
[781] DIKE, "Uniform Marriage and Divorce Laws," _Arena_, II,
399-408, gives a valuable discussion of the two methods of
procedure. See also BENNETT, "National Divorce Legislation,"
_Forum_, II, 429-38; STEWART, "Our Mar. and Div. Laws," _Pop.
Sci. Monthly_, XXIII, 232, 233; and JAMESON, "Divorce," _North
Am. Rev._, CXXXVI, 325, all favoring a constitutional amendment;
also NORTH, "Uniform Mar. and Div. Laws," _ibid._, CXLIV,
429-31; LLOYD, _Law of Divorce_, 269 ff.; JOHNSON, _Remarks upon
Uniformity of State Legislation_; SNYDER, _Problem of Uniform
Legislation_, 3 ff., favoring state action. In his _Geography
of Marriage_, 182 ff., SNYDER favors concert of action among
the states and a prohibitory amendment restricting or defining
the maximum number of causes for divorce which a state might
sanction. See also the articles by STANWOOD AND STANTON mentioned
in the Bibliographical Index, IV; and consult the _Reports of the
Conferences of the State Boards of Commissioners for Promoting
Uniformity of Legislation in the U. S._
[782] See _Reports of the Nat. League for the Protection of the
Family_ (1900), 7; (1901), 8.
In the meantime it is essential to fix the attention upon causes
rather than effects. For the wise reformer, who would elevate and
protect the family, the center of the problem is marriage and not
divorce.
II. THE FUNCTION OF EDUCATION
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