Law -- England; Poor -- England; Poor laws -- England; Working class -- England
Here we have the results of a hundred years' experience of a European
country not unlike our own. It bears out exactly what one would expect,
and it is only by ignoring such evidence and referring to the laxity of
State procedure in America, without reminding the reader that there is no
evidence of any greater laxity in the state of morality there than
elsewhere, that the Archbishop of York and his friends can claim that the
"preponderating voice of history and experience"--a charming phrase--is in
favour of their Minority Report.
The archbishop treats history as Moses treated the rock. He strikes it
with his archiepiscopal staff and there flows forth a gush of watery
precedents to rejoice the hearts of the faithful. A poor pagan like myself
can only approach the rock with a humble geological hammer and, knocking a
few chips off it, report that it does not come of a water-bearing family.
Outside miraculous draughts of history there is nothing to be found in the
past experience of social life that tells against a reform of our present
divorce laws.
But no reform in the law will be of the least use to the poor unless
jurisdiction in divorce is given to the County Court. The opposition to
this is twofold. It comes from those who object to any reform at all and
see that by keeping divorce costly you naturally limit its use, and,
again, it comes with even greater force from those who are making their
money out of the present system. Very naturally the Divorce Court Bar,
having an excellent paying business all to themselves, do not want to
share it round with other people. Towards their trade union attitude of
mind I have every sympathy. But when it is more than hinted that it would
really be beyond the capacity of a County Court judge to try those "very
difficult considerations of cruelty, condonation and connivance," I prefer
the alliteration of the phrase to the sense of it. There is really no
mystery about divorce law. The issue is an absurdly simple one, of grave
importance to the lives of the parties certainly, but to a lawyer with a
business mind far easier to try than many of the issues that arise every
day in bankruptcy, Admiralty and commercial cases, and in arbitrations
under the Workmen's Compensation Act.
Public-domain text, read in full here on John Shaqi.
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