FREE BOOKS

Author's List




PREV.   NEXT  
|<   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66  
67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   >>   >|  
onor and renown; national prosperity and universal respect, than can ever be ours, while fettered and bound, by the galling chains of an entangling, unwise, and unfair treaty. * * * * * THE DIVORCE LEGISLATION OF MASSACHUSETTS. By Chester F. Sanger. There evidently exists just at the present time a great and increasing interest in the old and much debated subjects of divorce, and divorce legislation; an interest which is intensified as the population of our younger states with their widely varying laws governing this matter increases and the dangers and opportunities for fraud grow more apparent. Naturally enough, therefore, public attention is invited to these different laws of the several states of our Union, some allowing divorce for one cause, others refusing it upon the same ground, and one state, at least, refusing to grant a divorce for any cause whatever. The remedy for this seems to many to be a national divorce law, establishing in all the states a uniform mode of procedure and a uniform basis upon which all petitions for divorce must be grounded; it must also fix the status of the parties in every state and prescribe the several property rights of each after the entry of the judicial decree which separates them from a union, not of God, as some would try to teach, but often from fetters, the weight and horror of which are known to the parties alone, or to those, who, unlike our theoretical reformers, have had some practical experience in the actual operation of our divorce courts. While it is a fact, overlooked by the enthusiasts on this subject, that no such national law can be passed without an amendment to the constitution, since the passage of such an act would be an invasion of the rights reserved to the several states; yet in view of this widespread interest in the question, the development and present condition of the laws regulating divorce in our own Commonwealth becomes an interesting matter of inquiry. While such a discussion has little or nothing to do directly with the moral aspects of the subject, it is well to note in passing that the doctrine of the indissolubility of the marriage relation was not made a tenet of the church until as late as 1653. The Mosaic Law made the husband the sole judge of the cause for which the woman might lawfully be "put away," and many Bibical scholars of great attainments have maintained that when rightly interprete
PREV.   NEXT  
|<   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66  
67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   >>   >|  



Top keywords:

divorce

 

states

 
national
 

interest

 

matter

 

refusing

 

subject

 

uniform

 

rights

 

parties


present
 
fetters
 
weight
 

interprete

 

horror

 

amendment

 
passed
 

courts

 

rightly

 

unlike


operation
 

theoretical

 

experience

 

practical

 

actual

 

overlooked

 

enthusiasts

 

reformers

 

doctrine

 

passing


indissolubility
 

marriage

 

relation

 

directly

 

aspects

 

lawfully

 

husband

 

church

 

Mosaic

 

development


question
 

condition

 

regulating

 

widespread

 

passage

 
invasion
 

reserved

 

Commonwealth

 

attainments

 

scholars