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
now a reasonable conservatism is the safer course. Yet divorce is
sanctioned by the state as an individual right; and there may be
occasions when the exercise of the right becomes a social duty.
The right is, of course, capable of serious abuse. Loose divorce
laws may even invite crime. Nevertheless, it is fallacious to
represent the institution of divorce as in itself a menace to social
morality. It is not helpful to allege, as is often done, that with
the increase of divorce certain crimes wax more frequent, thus
insinuating the effect for the cause. It is just as illogical to
assume that the prevalence of divorce in the United States is a
proof of moral decadence as compared with other countries in which
divorce is prohibited or more restricted. To forbid the use of
a remedy does not prove that there is no disease. Is there any
good reason for believing that what Tocqueville said fifty years
ago is not true today? "Assuredly," he declares, "America is the
country in the world where the marriage tie is most respected and
where the highest and justest idea of conjugal happiness has been
conceived."[837] It is remarkable, says Lecky, "that this great
facility of divorce should exist in a country which has long been
conspicuous for its high standard of sexual morality and for its
deep sense of the sanctity of marriage."[838] Bryce passes a similar
judgment: "So far as my own information goes, the practical level
of sexual morality is at least as high in the United States as in
any part of northern or western Europe (except possibly among the
Roman Catholic peasantry of Ireland)." There "seems no ground for
concluding that the increase of divorce in America necessarily
points to a decline in the standard of domestic morality, except
perhaps in a small section of the wealthy class, though it must
be admitted that if this increase should continue, it may tend to
induce such a decline."[839] Even more emphatic is Commissioner
Wright. After eloquently describing the relatively high place which
woman has reached in our land, he continues: "I do not believe that
divorce is a menace to the purity and sacredness of the family;
but I do believe that it is a menace to the infernal brutality, of
whatever name, and be it crude or refined, which at times makes a
hell of the holiest human relations. I believe the divorce movement
finds its impetus outside of laws, outside of our institutions,
outside of our theology; that it finds its impetus in the rebellion
of the human heart against that slavery which binds in the cruelest
bonds of the cruelest prostitution human beings who have, by their
foolishness, by their want of wisdom, or by the intervention of
friends, missed the divine purpose, as well as the civil purpose
of marriage. I believe the result will be an enhanced purity, a
sublimer sacredness, a more beautiful embodiment of Lamartine's
trinity,--the trinity of the father, the mother, and the child"--to
Public-domain text, read in full here on John Shaqi.
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