Sociology and Modern Social ProblemsEllwood, Charles A. (Charles Abram)
General
Sociology and Modern Social Problems
Ellwood, Charles A. (Charles Abram)
Social problems; Sociology
(8) Another cause of the increase of divorce in the United States that
has been given is the popularization of law which has accompanied the
growth of democratic institutions. Law was once the prerogative of
special classes, and courts were rarely appealed to except by the noble
or wealthy classes; but with the growth of democratic institutions there
has been a great spread of legal education, especially through the
modern newspaper, and consequently a greater participation in the
remedies offered by the courts for all sorts of wrongs, real or
imagined. Many people, for example, who would not have thought of
divorce a generation ago, now know how divorce may be secured and are
ready to secure it. However, it would seem as though this cause of the
increase of divorce might have operated to a greater extent twenty-five
or thirty years ago than it has during the last two decades, for it
cannot be said that since the nineties there has been much increase of
legal education among the masses, or much greater popularization of the
law.
(9) Increasing laxity of the laws regarding divorce and increasing
laxity in the administration of the laws has certainly been a cause of
increasing divorce in the United States, though back of these causes
doubtless lie all the other causes just mentioned, and also increasing
laxity in public opinion regarding marriage and divorce. To assume that
laxity of the laws and of legal administration has no influence upon the
increase of divorce in a population is to go contrary to all human
experience. The people of Canada and of England, for example, are not
very different from ourselves in culture and in institutions, yet there
is almost no divorce in England and in Canada as compared with the
United States. Canada has a few dozen divorces annually, while we have
over seventy thousand. Unquestionably the main cause of this great
difference between Canada and the United States is to be found in the
difference of their laws. This is not saying, however, that instability
of the family does not characterize Canada and England as well as the
United States, even though such instability does not express itself in
the divorce courts.
Interesting statistics have been collected in numerous places in the
country to show the laxity of the administration of the divorce laws. In
many of the divorce courts of our large cities, for example, it has
repeatedly been shown that the average time occupied by the court in
granting a divorce is not more than fifteen minutes. In other words,
divorce cases are frequently rushed through our divorce courts without
solemnity, without adequate investigation, with every opportunity for
collusion between the parties, so as to favor a very free granting of
divorces. On the other hand, about one fourth of all the applications
for divorce which come to trial are refused by the courts, showing that
the courts are not so lax in all cases as they are sometimes pictured to
be.
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