Main  Contacts  
Table of contents
THE CONQUEST OF THE VENEREAL DISEASES-8.1
THE CONQUEST OF THE VENEREAL DISEASES-8.2
THE CONQUEST OF THE VENEREAL DISEASES-8.3
THE CONQUEST OF THE VENEREAL DISEASES-8.4
THE CONQUEST OF THE VENEREAL DISEASES-8.5
THE CONQUEST OF THE VENEREAL DISEASES-8.6
FOOTNOTES
SEXUAL MORALITY-9.1
SEXUAL MORALITY-9.2
SEXUAL MORALITY-9.3
SEXUAL MORALITY-9.4
SEXUAL MORALITY-9.5
SEXUAL MORALITY-9.6
SEXUAL MORALITY-9.7
SEXUAL MORALITY-9.8
SEXUAL MORALITY-9.9
MARRIAGE-10.1
MARRIAGE-10.2
MARRIAGE-10.3
MARRIAGE-10.4
MARRIAGE-10.5
MARRIAGE-10.6
MARRIAGE-10.7
MARRIAGE-10.8
MARRIAGE-10.9
MARRIAGE-10.10
MARRIAGE-10.11
MARRIAGE-10.12
FOOTNOTES
THE ART OF LOVE-11.1
THE ART OF LOVE-11.2
THE ART OF LOVE-11.3
THE ART OF LOVE-11.4
THE ART OF LOVE-11.5
THE ART OF LOVE-11.6
THE ART OF LOVE-11.7
THE ART OF LOVE-11.8
THE ART OF LOVE-11.9
THE ART OF LOVE-11.10
THE ART OF LOVE-11.11
FOOTNOTES
THE SCIENCE OF PROCREATION-12.1
THE SCIENCE OF PROCREATION-12.2
THE SCIENCE OF PROCREATION-12.3
THE SCIENCE OF PROCREATION-12.4
THE SCIENCE OF PROCREATION-12.5
THE SCIENCE OF PROCREATION-12.6
THE SCIENCE OF PROCREATION-12.7
THE SCIENCE OF PROCREATION-12.8
THE SCIENCE OF PROCREATION-12.9
FOOTNOTES
INDEX OF AUTHORS

 

 

As to the exact method by which divorce by mutual consent should 

be effected, opinions differ, and the matter is likely to be 

differently arranged in different countries. The Japanese plan 

seems simple and judicious (see _ante_, p. 461). Paul and Victor 

Margueritte (_Quelques Idees_, pp. 3 et seq.), while realizing 

that the conflict of feeling in the matter of personal 

associations involves decisions which are entirely outside the 

competence of legal tribunals, recognize that such tribunals are 

necessary in order to deal with the property of divorced persons, 

and also, in the last resort, with the question of the care of 

the children. They should not act in public. These writers 

propose that each party should choose a representative, and that 

these two should choose a third; and that this tribunal should 

privately investigate, and if they agreed should register the 

divorce, which should take place six or twelve months later, or 

three years later, if only desired by one of the parties. Dr. 

Shufeldt ("Psychopathia Sexualis and Divorce") proposes that a 

divorce-court judge should conduct, alone, the hearing of any 

cases of marital discord, the husband and wife appearing directly 

before him, without counsel, though with their witnesses, if 

necessary; should medical experts be required the judge alone 

would be empowered to call them. 

 

 

 

When we realize that the long delay in the acceptance of so just and 

natural a basis of divorce is due to an artificial tension created by the 

pressure of the dead hand of Canon law--a tension confined exclusively to 

Christendom--we may also realize that with the final disappearance of that 

tension the just and natural order in this relationship will spring back 

the more swiftly because that relief has been so long delayed. "Nature 

abhors a vacuum nowhere more than in a marriage," Ellen Key remarks in the 

language of antiquated physical metaphor; the vacuum will somehow be 

filled, and if it cannot be filled in a natural and orderly manner it will 

be filled in an unnatural and disorderly manner. It is the business of 

society to see that no laws stand in the way of the establishment of 

natural order. 

 

Reform upon a reasonable basis has been made difficult by the unfortunate 

retention of the idea of delinquency. With the traditions of the Canonists 

at the back of our heads we have somehow persuaded ourselves that there 

cannot be a divorce unless there is a delinquent, a real serious 

delinquent who, if he had his deserts, would be imprisoned and consigned 

to infamy. But in the marriage relationship, as in all other 

relationships, it is only in a very small number of cases that one party 

stands towards the other as a criminal, even a defendant. This is often 

obvious in the early stages of conjugal alienation. But it remains true in 

the end. The wife commits adultery and the husband as a matter of course 

assumes the position of plaintiff. But we do not inquire how it is that he 

has not so won her love that her adultery is out of the question; such 

inquiry might lead to the conclusion that the real defendant is the 

husband. And similarly when the husband is accused of brutal cruelty the 

law takes no heed to inquire whether in the infliction of less brutal but 

not less poignant wounds, the wife also should not be made defendant. 

There are a few cases, but only a few, in which the relationship of 

plaintiff and defendant is not a totally false and artificial 

relationship, an immoral legal fiction. In most cases, if the truth were 

fully known, husband and wife should come side by side to the divorce 


Page 1 from 5: [1]  2   3   4   5   Forward