Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
But to come to the law as it now stands, it seems to contain at
least two great imperfections, namely, the judicial separation and the
dreadful tie between an erring husband and an erring wife. In cases
of the latter description, the practice is to prevent the parties to
the predicament from mending their ways or improving their hope of
happiness, whatever form that hope may take. It also frequently leads
to the misfortunes of a third person, who might otherwise escape on
a conscionable arrangement. _A_ is the husband of _B_. _A_ commits
adultery and his wife does likewise. They then discover their common
shortcomings, with the consequence that they forthwith become violently
opposed to one another and separate. What is the net result? They
are tied together for life; _B_ soon becomes desperate; presently,
she encourages many lovers and her last vestige of self-respect
disappears. Henceforth, she is a _déclassée_. _A_, on the other hand,
ultimately settles his affection on one woman, otherwise blameless
in character. He cannot marry her and she drifts into concubinage.
Had some means existed to bring the unfortunate marriage of _A_ and
_B_ to an end at the time of their original delinquencies, all of
these later developments might have been, almost certainly would have
been, avoided. The usual inability, therefore, for an erring husband
and an erring wife to legally dissolve their union, sows the seed of
increasing injustice, which may, and probably does, extend to the
punishment of persons who were not parties to the primary condition
of adultery. A divorce should be obtainable, as of course, on the
application of either party to a marriage, after one year’s domiciliary
separation, whether such separation is due to mutual transgression, or
merely to the lesser evils of married life. Under such a condition of
affairs, the community would be bound to benefit.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account