Sociology and Modern Social ProblemsEllwood, Charles A. (Charles Abram)
General
Sociology and Modern Social Problems
Ellwood, Charles A. (Charles Abram)
Social problems; Sociology
If, as has already been implied, the real evil is not so much divorce as
the decay of the family life, then it at once becomes evident that
legislation can do little to correct the real evil. That it can do
nothing, and that an attitude of _laissez-faire_ is justified upon
this question, is, of course, not implied. As we have already noted, the
difference between the few divorces of the Dominion of Canada and the
many divorces of the United States is largely due to a difference of
laws; nevertheless, we cannot assume from this that there is a like
difference in the state of the family life of the two countries.
Unquestionably, however, legislation can do something even in the way of
setting moral ideals before a people. Divorce laws should not be too lax
if we do not wish a state to set low moral standards for its citizens.
It is not too much to say, therefore, that the lax divorce laws of many
of our states are a crime against civilization, even though making these
laws much stricter might not of itself greatly check the decay of the
family. Again, reasonable restrictions upon the remarriage of divorced
parties might very well be insisted upon by law for the sake of public
decency if nothing more. Present laws in many states permit the
remarriage of divorced parties immediately upon granting of divorce. It
would seem that a law requiring the innocent party to wait at least six
months, and the guilty party to wait from two to five years and then
give evidence of good conduct before being permitted to remarry, would
work a hardship upon no one. Again, a uniform federal divorce and
marriage law might have some good effects upon the family life of the
nation. Divorce and marriage are of such general importance that they
should be controlled by federal statutes rather than by state laws. If
such an amendment to our present federal constitution were enacted, it
might not result in greatly decreasing the number of divorces in this
country, but it would result in bringing about uniformity in the
different states in the matter of marriage as well as in the matter of
divorce, which, from many points of view, is desirable. Moreover, if
divorce were under federal control this would throw all divorce cases
into the federal courts, and would, perhaps, secure a stricter
administration of divorce laws.
Public-domain text, read in full here on John Shaqi.
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