Part 39 (2/2)

Not only do we have more divorces than all of the rest of the world together, but our divorce rate is increasing three times as fast as is our population.

The value of these statistics is affected by two factors. In the first place, much domestic unhappiness does not express itself in the separation of husband and wife. Or, where such separation does take place, it may not be through the divorce court. Among the city poor, for example, desertion is four times as common as is divorce. Thus the divorce rate indicates only a share of family instability.

The second modifying factor, however, lessens the force of our divorce statistics. A high divorce rate is to be interpreted with care. Our divorce rate is higher than that of European countries, but it should be remembered that in those countries where customs, laws, and religious beliefs are relatively conservative, families may be held together legally in spite of the fact that they have already disintegrated. Thus family life may be as unstable in a country in which the divorce rate is low, as in a country in which the divorce rate is high.

270. LAXITY OF OUR DIVORCE LAWS.--Although divorce may sometimes be necessary, it is clear that in many of the states of the Union divorce laws are too lax. The practice of the states as regards divorce is divergent: in South Carolina divorce is absolutely prohibited; in the remaining states there is a variable number of grounds upon which divorce may be secured. Divorces are often rushed through the courts, partly because of the overworked character of the divorce tribunals, and partly because public opinion tolerates the lax administration of divorce laws. In some states divorces have been secured in fifteen minutes, being granted without any attempt at solemnity, with no adequate investigation, and with numerous opportunities for collusion between the parties involved. The effect of this laxness has been to encourage the dissolution of the home for trivial and improper causes.

271. THE QUESTION OF STRICTER DIVORCE LAWS.--Uniform divorce laws among the several states are now being agitated. The essential provisions of such laws may be outlined as follows: It is desirable to have a court of domestic relations, which shall carefully and wisely attempt a reconciliation of husband and wife before divorce proceedings are resorted to. Applicants for divorce should be _bona fide_ residents of the state in which the suit is filed, and should be required to reside in the state two years before a decree of absolute divorce is granted. In some states at least, the number of grounds upon which divorce may be secured should be reduced. An adequate investigation should be undertaken, both in order to determine the justice of the suit, and to prevent collusion. The primary aim of the divorce laws should be to allow relief from a vicious and hopelessly wrecked union, but at the same time to prevent the misuse of the statutes by irresponsible and unscrupulous persons.

272. LAXITY OF OUR MARRIAGE LAWS.--The fact that unwise marriages are an immediate cause of divorce leads back to the question of our marriage laws. Marriage laws often permit the mating of couples unfit for home-making. In some states the authorities are not overcareful to prevent the marriage of persons who are mentally defective. There is among the several states no agreement as to the legal age of marriage, and no agreement as to the relations.h.i.+p within which marriage is forbidden. Hasty unions have been encouraged by the lack of solemnity which characterizes civil marriage. Marriage is more and more a civil contract, devoid of religious sanctions and spiritual a.s.sociations.

Many consider marriage as a civil relation not radically different from any other contract. The effect of this changed att.i.tude has been to encourage the enactment of loose marriage laws, and the careless administration of sound marriage laws.

273. THE QUESTION OF STRICTER MARRIAGE LAWS.--Stricter marriage laws are being advocated in many states. We know far too little about eugenics to warrant prediction as to the type of individuals best fitted to build normal homes, but it is clearly desirable to prohibit the marriage of all mental defectives. There are also good reasons for the restriction of the marriage of minors, of persons between whose ages there is a wide disparity, and of persons who are members of widely divergent races. It would probably check hasty marriages to increase the length of time elapsing between the issuance of the marriage license and the performance of the ceremony. If modern marriages were more distinctly upon a religious basis, it is likely that many persons who now rush thoughtlessly into marriage would be led seriously to reflect upon the significance of the step.

274. LAW NOT THE UTLIMATE REMEDY FOR FAMILY INSTABILITY.--The careful enactment and wise administration of sound laws on marriage and divorce will undoubtedly check the number of unhappy and unsuccessful marriages. Nevertheless, law is not the ultimate remedy for family instability. Unduly restrictive marriage laws may result in abnormal tendencies among certain cla.s.ses of the population, while severe prohibitions upon divorce may prevent individuals from securing release from a hopelessly wrecked marriage. Divorce is only a symptom of deeper-lying evils. Really to remove the dangers which threaten the integrity of the family we must go deeper than legislation.

275. ECONOMIC AND SOCIAL READJUSTMENT.--One fundamental method of safeguarding the family is to counteract the injurious effects of the Industrial Revolution. Poverty must be lessened or eliminated, so that men will be enabled to marry and support families decently. The evils of overcrowding must be attacked in the interest of a normal home life. Mothers' pensions and social insurance are desirable methods of protecting the laborer's family against the risks of industry. The prohibition of child labor and the safeguarding of women in industry will also tend to keep the family intact, and to permit proper home training. In short, any measures which will help individuals to adjust themselves to the economic and social changes of the present age will provide a more firm and solid foundation for a normal family life.

276. EDUCATION AND THE FAMILY.--Far more fundamental than legislation on marriage and divorce is the training of young people toward a fuller appreciation of the responsibilities of home-making. In the problem of family instability, laws reach symptoms, while education attacks causes. By education is here meant not merely formal training in the school, but character-building of every type. This includes training in the home, in the school, and in the church. Only when boys and girls are accorded sound training by these various agencies will they be properly prepared to make homes.

Our whole educational system ought to emphasize the importance of a pure and wholesome family life. The sanct.i.ty of the marriage bond, the seriousness of family responsibilities, and the duty to rear a normal healthy family, ought to be impressed upon every boy and girl. Young people should be taught to consider adolescence as a period of preparation for home-building. During this period it is the duty of the boy to fit himself for the proper support of a family, while the girl ought to feel obligated to become familiar with the tasks and duties of housekeeping. The choice of a husband or wife ought to be made, not on the basis of pa.s.sing fancy, but with regard to a life of mutual service. Extreme individualism ought to be discouraged; personal pleasure ought to be interpreted in the light of marriage as a partners.h.i.+p. Above all, marriage should be faced with the realization that it requires adaptation and concessions on the part of both husband and wife. Mutual consideration and respect must predominate in the future American family, while the spirit of impatience and selfishness must be eliminated.

QUESTIONS ON THE TEXT

1. What is the significance of the family?

2. What were the essential characteristics of the medieval family?

3. Why is the modern family in a period of transition?

4. Outline the effect of the Industrial Revolution upon the family.

5. To what extent has the factory supplanted the home as an industrial center?

6. Discuss the difficulties of home-making in crowded cities.

7. How have many groups of women become economically independent?

8. Discuss the political emanc.i.p.ation of women.

9. What is the extent of divorce in this country? What two factors must be taken into account in interpreting these figures?

10. To what extent are our divorce and marriage laws lax?

11. What proposals have been made toward the correction of this evil?

12. Why is law not the ultimate cure for family instability?

13. What is the importance of economic and social readjustment in the problem of the family?

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