[4] As far as England is concerned I will here only remind my
readers of Galton’s contributions to this subject; of Geddes
and Thomson’s _Evolution of Sex_; of Havelock Ellis’s _Man and
Woman, Sex in Relation to Society_, etc.
[5] See _Woman and Economics_ and later works by this American
authoress, who has many adherents in Europe as well as in
America.
[6] Every English reader knows what Dickens achieved in this
respect. I will only remind them here of Hannah Lynch’s
(anonymously published) _Autobiography of a Child_.
[7] Before 1857, no legal divorce in the usual meaning of
the term existed in England. The ecclesiastical courts could
grant a sort of “divorce from bed and board,” whereupon
the aggrieved party could get rid of his unfaithful half
by a special Act of Parliament in each particular case. As
a consequence, only very wealthy people could afford this
luxury, for it cost immense sums to get a special motion of
this kind through Parliament. The further injustice prevailed,
that in practice this course was open only to men, not to
women.
It was, moreover, with the greatest difficulty that Palmerston
succeeded in carrying the reform of 1857. The friends of
reform urged above all that the old law was unjust to poor
people, and that among both rich and poor it had become
increasingly common to marry again in an illegal way, so that
in the eyes of the law thousands of people in England were
living in bigamy.
The new law of 1857 introduced a separate secular court for
divorce causes, divorce was made legal, and the possibility of
taking advantage of it was placed within the reach of others
than the wealthiest.
But the experience of fifty years has shown that divorce
procedure is still altogether too costly for the poor, and
entails an infinity of time and trouble. Furthermore, a number
of revolting injustices remain.
Thus, for instance, a wife cannot obtain legal divorce from
her husband either because he is an habitual drunkard, or an
incurable lunatic, or is imprisoned for life for some grave
crime, or has abandoned his home and refused to contribute to
the support of his wife and children! The most she can obtain
under such circumstances is a judicial separation—which makes
it possible for either party to enter into any illegitimate
connection they please. A husband can obtain divorce from his
wife if he can prove a single case of infidelity on her part;
but the wife cannot obtain divorce from her husband even if
he can be proved to be living in continual adultery. In order
to get rid of him she must be able to prove that he has been
guilty of cruelty towards her or has deserted her for a period
of two years.
Public-domain text, read in full here on John Shaqi.
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