The Contemporary Review, Volume 36, December 1879Various
Religion
The Contemporary Review, Volume 36, December 1879
Various
Arts -- Periodicals; Literature -- Periodicals; Political science -- Periodicals
Many look forward to a time when these everlasting political questions
will cease to burn so fiercely, when the suppression of State or
Church will no longer be a daily question, and more modest and
practical measures of reform can be taken in hand. A committee of
lawyers has elaborated an important scheme for the reform of our
criminal procedure, long known to be seriously defective. Will there
be an opportunity of bringing it before the Chambers? Even more
interesting is the divorce question, which has found an able,
persevering, and eloquent advocate in M. Naquet. Of all others, this
reform is the most urgent. Those acquainted with family life in France
know the fatal moral consequences arising from judicial separation,
the only resource of ill-assorted couples. Not to speak of the
flagrant injustice which allows the man to separate from his wife on
account of offences she is obliged to tolerate in him, the two, though
separated, remain jointly and severally liable. The woman is obliged,
in a number of instances, such as the marriage of a child confided to
her care, to obtain the husband's authorization, whilst she, on her
part, can drag in the mire the name of her husband which she continues
to bear, or pass off children upon him which are not his. Separation
has all the drawbacks of divorce, besides others peculiar to it, which
divorce remedies. M. Naquet has treated the question from the tribune,
as also in a series of articles published in the _Voltaire_, wherein
he cites a number of heartrending cases in which divorce would be
the only possible remedy, and, finally, in the lectures he has been
holding in all the large towns. His campaign has been crowned with
success, and the law will, it is believed, be passed by the Chambers.
No small credit is due to M. Naquet, for he had to contend with
prejudices of several kinds--the religious prejudices of Catholicism,
which does not admit the power of the civil law to cancel a sacrament
of the Church; the political prejudices of Republican theorists, who
affect to attach a more sacred and indelible character to the civil
consecration of the magistrate than to the religious one of the
priest; the prejudices of immoral and unprincipled men, who form a
numerous class everywhere, who never having felt the restraints of
moral law are not troubled by the misfortunes springing from unhappy
marriages, but, on the contrary, are glad to take advantage of them;
finally, with the prejudices of some serious-minded persons, who are
afraid that in sanctioning divorce the Republic may appear to violate
the respect due to marriage. The last aspect of the question has
been ably supported by a deputy, M. Louis Legrand, in his interesting
study, "Le Mariage;" but M. Naquet finds no difficulty in proving
that marriage is more respected where divorce is possible than where
judicial separation only can be obtained, nor in showing religious men
that the Church has always recognised fourteen cases in which marriage
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