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
The law of divorce should be a set of social rules applied to the
law of nature, and little else. Complicated procedure, or difficulty
in obtaining bare justice, is entirely beyond the mark in this branch
of jurisprudence. The Crown--one hesitates to say “the State” in these
days of attempted Socialism--could confer a practical benefit on the
public by reducing the whole law of divorce to a few simple issues,
free from the ramifications of torment and irritation which apply at
present. A Royal Commission is not needed to unconsciously hide, rather
than to uncover, the discrepancies of the law. The process of wallowing
in volumes of evidence is confusing to say the least. It is a process,
nevertheless, which, it may not be impertinent to assume, is the main
fault with the Royal Commission on Divorce. It has sat and sat and sat
again. It has heard the evidence of persons theoretically qualified to
give evidence on the subject. It has listened, not without impatience,
perhaps, to every sort of opinion, some, by the way, of a praiseworthy,
and even ingenious character, but a frank contemplation of life as it
is would have resulted in a better point of view than all the formal
procedure on earth combined. An absence of sufficient consideration, so
far as the purely human side of a problem is concerned, must inevitably
lead to failure where the subject is divorce--of all things. For
instance, as the law stands, what is the result of tying the hands
of an erring husband and an erring wife? One of two things. Either
the loose condition already illustrated, or the connivance of the
parties in question, in the matter of a petition. Both are hopelessly
undesirable, even wicked, and, consequently, no honest support can
be extended to a continuance of such a legal anomaly. A law which
gives any inducement to vice, directly or indirectly, or makes vice
an alternative to uncomfortable virtue, unexpected virtue, should be
definitely altered to meet the demands of the social system.
There are many other variations arising from the existing state of the
law. Suppose a married woman commits adultery and her husband takes
action to secure a divorce. The six months interval between the decree
_nisi_ and the decree absolute may just frustrate a co-respondent’s
desire to marry the respondent in time to give his name to a child of
the _liaison_. All these things should be considered, indeed _would
be_ considered, if the members of the Divorce Commission were to deal
with the whole question from a human standpoint, rather than from a
standpoint of apathetic contemplation.
Public-domain text, read in full here on John Shaqi.
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