Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
city officials as to his health and habits, and even that of his
ancestry, as bearing upon his posterity. Novels have been written
about men who avoided marriage by reason of a taint of insanity in the
family; this modern science of eugenics would propose to make such
conduct compulsory by law.
[Footnote 1: Mr. Flinders Petrie, in his late book, "Janus in Modern
Life," tells us that at least ten varieties of marriage and marriage
law have prevailed in history, and that all save marriage by capture
perdure in the civilized world to-day, most of them, in actuality,
even in England.]
We have now said enough on the abstract questions to close with some
of the concrete examples. Some States forbid the marriage of a person
who has tuberculosis; some require him to submit to an examination. In
1907 a bill was introduced in Michigan, which provided that no person
should be permitted to marry who had ever led an unchaste life. This
bill did not, however, become a law.
In divorce matters New York, in 1890, adopted the very intelligent
statute requiring courts to allow a person charged as corespondent in
a divorce case to make defence. Six States raised the age of consent
in criminal matters, and four in marriage; one required a marriage
ceremony. In 1891 one State added crime, or conviction for crime, as
a cause of divorce, one insanity. Two regulated the procedure in the
direction recommended by the Uniformity Commissioners. One made it
criminal to advertise the securing of divorces in the newspapers. Two
States made simple sexual connection a crime (which was not a crime
at the common law). One Southern State enacted a special law against
slander of women,--another instance of the tendency to their special
protection. Several States adopted newer laws giving complete control
of their separate property to women, and allowing them to do business
as sole traders, without responsibility for the husband's debts. Two
more States passed statutes allowing women to practise law. In 1890
one other State forbids drinks to be served by either women or
children under eighteen.
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account