Main Currents in Nineteenth Century Literature - 3. The Reaction in FranceBrandes, Georg
History
Main Currents in Nineteenth Century Literature - 3. The Reaction in France
Brandes, Georg
Literature, Modern -- 19th century -- History and criticism; Naturalism in literature; Romanticism
He writes: "In 1792 divorce was legalised. No one was surprised, for
this was one of the inevitable and long-foreseen consequences of
the process of demolition carried on at that time with such ardour;
but now, when our desire is to re-build, now, divorce entering as a
principle into the edifice of society, shakes that edifice to its very
foundations. Divorce was in harmony with the democracy which has too
long ruled in France under different names and forms. In domestic as
well as in public affairs power was delivered over to the passions of
_the subjects_; there was disorder in the family and disorder in the
state; there was similarity and harmony between the two disorders.
But it is plain to every one that divorce is directly at variance
with the spirit of the hereditary and indissoluble monarchy. If
we retain divorce, we have order in the state and disorder in the
family--indissolubility here, dissolubility there, hence no harmony.
On that side to which man is inclined to bend, the law must prop him
up; in our days it must forbid disorganised natures disorganisation,
as in olden days it forbade half-savage barbarians cruel and bloody
vengeance."
Thus Bonald succeeds in resting his theory of marriage upon his
fundamental principle of sovereignty by the grace of God. The
conclusion he arrives at is that divorce ought to be unconditionally
prohibited, and that simple separation without permission to marry
again is a sufficient remedy for the ills arising from unfortunate
marriages. When his theories became laws, the marriage laws of France,
they produced a state of matters in that country which excited the
ridicule of the whole world--a state of matters which, for example,
made it impossible for a young girl whose bridegroom ran off with her
dowry on the wedding day ever to marry again or have lawful offspring.
In the case of incendiaries and murderers the law permitted the plea of
extenuating circumstances; they might be set at liberty after behaving
well for a certain number of years; but, according to Bonald's doctrine
and the laws of France, the deserted, victimised young girl had not the
same hope of liberty that was extended to the girl who had burned a
whole family in their beds or murdered her own father.
The scheme for a code of civil law prepared by the Convention contained
the following clauses:--
In the matter of marriage men are free to act as they please, that is
to say, marriage comes under the category of matters of conscience.
It is the formation of an alliance in which man and woman stand on an
equal footing.
The contracting parties are free to determine the conditions of their
union.
Husband and wife have or exercise equal rights as regards the disposal
of their property.
Divorce is permissible if desired by both or by one of the spouses.
The law forbids any limitation of the right of divorce.
Public-domain text, read in full here on John Shaqi.
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