Democracy; France -- Politics and government; Mental efficiency
Morals, more often than not, determine the nature of our laws,
particularly in a democracy, which is deplorable, but Montesquieu was
right in saying: "Morals take their colour from laws, and manners from
morals," for laws certainly "help to form morals, manners" and even
"national character." For instance in Rome under the Empire the code of
morals was to some extent the result of arbitrary power, as to-day the
moral character of the English is to some extent due to the laws and
constitution of their country.
We know that by his laws Peter the Great changed if not the character at
least the manners and customs of his people.
Custom is the offspring of law, and morals are the offspring of custom.
National character is not really changed, for character, I believe, is a
thing incapable of change, but it appears to be changed, and it
certainly undergoes some modifications; one set of tendencies is
checked, while others are encouraged.
The law abolishing the right of primogeniture has obviously affected
national morals, though it has not otherwise altered national character.
For a peculiar mental attitude is evolved by the constant domination of
an elder brother, whose birthright gives him precedence and authority
second only to that of the father. In countries where the right of
unrestricted testamentary bequests is still maintained, family morals
are very different from those which obtain where the child is
considered a joint proprietor of the patrimony.
Since the passing of the law permitting divorce, a sad but necessary
evil, there have been far more applications for divorce than there ever
were for separation. Can this be accounted for solely by the fact that
formerly it seemed hardly worth while to take steps to obtain the
qualified freedom of separation? I think not. For when a yoke is
unbearable, efforts to relax it would naturally be quite as strenuous
and as unremitting as efforts to get rid of it altogether.
The truth is, I think, that when both civil and ecclesiastical law
agreed in prohibiting divorce, people held a different view of marriage;
it was looked upon as something sacred, as a tie that it was shameful to
break, and that could not be broken except as a last resource and then
almost under pain of death. The law permitting divorce was what our
forefathers would have called a "legal indiscretion." It has abolished
the feeling of shame. Except where there is strong religious feeling,
there is now no scruple nor shame in seeking divorce. The old order has
passed away; modesty has been superseded by a desire for liberty, or for
another union. This change has been brought about by a law which was the
result of a new moral code; but the law itself has helped to enlarge and
expand the code.
Public-domain text, read in full here on John Shaqi.
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