Divorce problems of to-day / by E.S.P. Haynes.

  • E. S. P. Haynes
Date:
1912
Catalogue details

Licence: In copyright

Credit: Divorce problems of to-day / by E.S.P. Haynes. Source: Wellcome Collection.

    25/136 page 13
    Justice Maule, and few who have even a super- ficial knowledge of the working classes would not admit that there is room for considerable improvement in their ideas of the sanctity of marriage and respect for the law of marriage. There is, perhaps, a common tendency to suppose that there can be no logical choice between prohibiting divorce altogether and allowing it on grounds which make it, in fact, dissoluble by incompatibility of temper. If we are to have a compromise, it may be argued, why should not the compromise of 1857 be as good as any other? I cannot see why this argument might not be used with equal force of any other contract. Yet what should we think of a person arguing that the commercial stability of a society depended upon making business partnerships indissoluble except by the deaths of the parties thereto ? It is clear that people who find they have a common interest in working together will remain together, and that if they have not, no amount of legal coercion will make them do so. The mere fact that marriage has yet another element, viz., personal affection and intimacy, added to that of common interest, makes the argument even stronger, since in case of dispute an element is introduced of personal aversion. There is only one other point upon which I need touch, and that is one of procedure more
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