It is true that we are not bound to be consistent when it is an advantage to be inconsistent. And if there were a method in our madness it would be justified. But there is no method. From first to last the history of divorce (read it, for instance, in Howard's _Matrimonial Institutions_) is an ever shifting record of cruel blunders and ridiculous absurdities. Divorce began in modern times in flagrant injustice to one of the two partners, the wife, and it has ended--if we may hope that the end is approaching--in imbecilities that to future ages will be incredible. For no legal jargon has ever been invented that will express the sympathies and the antipathies of human relationship; they even escape the subtlest expression. Law-makers have tortured their brains to devise formulas which will cover the legitimate grounds for divorce. How vain their efforts are is sufficiently shown by the fact that by no chance can they ever agree on their formulas, and that they are changing them constantly with feverish haste, dimly realising that they are but the antiquated representatives of mediaevalism, and that soon their occupation will be gone for ever. The reasons for the making or the breaking of human relationships can never be formulated. The only result of such legal formulas is that they bring law into contempt because they have to be ingeniously and methodically cheated in order to adapt them in any degree to civilised human needs. Thus such laws not only degrade the name of Law, but they degrade the whole community which tolerates them. There is only one ultimate reason for either marriage or divorce, and that is that the two persons concerned consent to the marriage or consent to the divorce. Why they consent is no concern of any third party, and, maybe, they cannot even put it into words. At the same time, let us not forget, marriage and divorce are a very real concern of the State, and law cannot ignore either. It is the business of the State to see to it that no interests are injured. The contract of marriage and the contract of divorce are private matters, but it is necessary to guard that no injury is thereby done to either of the contracting persons, or to third parties, or to the community as a whole. The State may have a right to say what persons are unfit for marriage, or at all events for procreation; the State must take care that the weaker party is not injured; the State is especially bound to watch over the interests of children, and this involves, in the best issue, that each child shall have two effective parents, whether or not those parents are living together. A large scope--we are beginning to recognise--must be left alike to freedom of marriage and freedom of divorce, but the State must mark out the limits within which that freedom is exercised.