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The divorce problem Sansum, Victor H. 1929

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THE DIVORCE PROBLEM by V ic tor H. Sansum A Thesis submitted f o r the Degree of Master of Arts in the Department of Economics. The Univers i ty of B r i t i sh Columbia. 1929. TABIE OF CONTENTS page INTRODUCTION. I - VI< SECTION I . EVOLUTION OF MARRIAGE AND DIVORCE. a. Economic and sexual aspects of marriage 1 b . A l leged instances cf the observance of chast i ty before Marriage among Pr imi t i ve Peoples. 4 c . Marriage and other sexual r e l a t i ons 11 d. Economic Grounds of Sexual Se lect ion 17 e . Relation of the Sexes in Greek and Roman L i f e . 22 f . Marriage and the Roman Lady. 25 g . Marriage and Divorce in the Middle Ages, and Modern Times. 29 SECTION I I . THE FAMILY, ITS BIOLOGICAL BASIS, and HISTORICAL DEVELOPMENT. a. The B i o l og i ca l Basis of the Family 33 b . The H is to r i ca l Development cf the Family 43 c . Systems of Tracing Descent 44 d. Various forms of Family Relationships 45 e . Continued Modi f icat ion of the Family. 46 SECTION I I I . THE PROBLEM OF DIVORCE IN RELATION TO THE SEXUAL FUNCTION. a. Sex as an actuating force of l i f e . b. The soc ia l aspect of the Sexual Function c . Birth Control and Social Progress 49 52 59 SECTION IV. ABNORMAL PSYCHOLOGY AND THE DIVORCE PROBLEM, a. Abnormal Psychology and Socia l Pathology SECTION V. ETHICS AND DIVORCE. a. The Evolutionary Ethics of Marriage and Divorce. b . The Evolution of the Eth ica l Standard. SECTION V I . DIVORCE AND ECCLESIASTICISM. a. The Christ ian Trad i t i on of the Divorces b . The Roman Dogma of Nu l l i t y c . Whom God Hath Joined. d. Report of the Federal Council of the Churches of Christ SECTION V I I . STATISTICS AND THE DIVORCE PROBLEM. a. Chief Grounds f o r Divorce in United States of America. b . Divorce in Japan. c . Divorce in Canada. d. Divorce and Alimonyt e . The Problem of the Child. CONCLUSION. SECTION V I I I . SUGGESTED SOLUTION OK THE DIVORCE PROBLEM. a. Judge Ben Lindsev's Companionate Marriage b . The Marriage Cr i s i s I l l page c. Sweden's Solut ion of Divorce. 144 d. F.A. Bosanquet's Proposals. 149 e . General Conclusions 150 f . Bibl iography. 155 UBC Scanned by UBC Library THE DIVORCE PROBLEM. Introduct ion. The w r i t e r has been moved to a se l e c t i on of the above theme f o r an M.A. Thesis by the f o l l ow ing reasons. F i r s t , because he has been long interes ted in the soc i a l problems ar i s ing out of human re lat ionships of which Divorce is one of the most intimate and f a r reaching; and secondly, because, in addi t ion, i t o f f e r s a wide and d i v e r s i f i e d f i e l d of research, not only in the immediate realms of Economics and Soc io logy , but in a l l the r e l a t ed branches of knowledge which have as t h e i r object a be t te r understanding of human r e l a t i o n -ships and t h e i r concomitant e f f e c t s . That only by such a comprehensive study can any adequate treatment of the Divorce problem be made is one of the main contentions of th is Thesis . A second important pr inc ip le stated i s that owing to the var iab le nature of the human fac tors concerned i t i s extremely d i f f i c u l t , i f not quite impossib le , to formulate any one law which w i l l cover a l l conditions and circumstances of Divorce. A th i rd point may a lso be not iced here. I t i s obvious that f o r the ordinary student of th is problem access to the actual f ac t s of the case is extremely d i f f i c u l t f o r two reasons, v i z . , ( l ) because of the natural secrecy of the mari ta l d i f f i c u l t i e s , and (2 ) f o r the fur ther reason that most f requent ly the par t i es immediately concerned are ignorant of the primary causes of t h e i r i n a b i l i t y to succeed in the married e s t a t e . Thus i t i s undoubtedly true that o f ten the lega l reasons adduced f o r divorce purposes are not the real ones at a l l ; they are secondary - an outgrowth of hidden causes. That de l iberate steps are taken t o secure desired ends in th is respect i s no denial of the forego ing . Neither is the student aided much in his analysis by o f f i c i a l s t a t i s t i c s for apart from t h e i r quant i tat ive value they a f f o r d l i t t l e or no insight into the maelstrom of c on f l i c t i n g emotions, impulses and des ires which animate human conduct genera l l y . Nor i s there much agreement on this subject between the various author i t i es and wr i t e r s . Some, l ike Freud speak of the dominating impulse of human behaviour in terms of sex; others, as e . g . , Ad ler , put the main emphasis on the ego ins t inc ts instead. Numerous addi t ion-a l concepts of dynamic human "urges" w i l l be presented in the Thesis. Upon one point i t would seem there can be greater unanimity; i t i s t h i s : that i t is very unl ike ly that a so lut ion to the Divorce problem w i l l be found in any formulae emanating from the Church, the laboratory, or l eg i s la ture as such, but rather that soc i e t y , through i t s own evo lv ing exper ience, w i l l learn to adjust i t s e l f to the changing conditions of l i f e . The problem is not a s t a t i c one; i t i s dynamic and hence is not I t scarcely requires t o be said in view of the complexity of the subject that nor* one w r i t e r , l e t alone the present one, can attempt an adequate treatment of the many branches of knowledge invo lved. An honest e f f o r t has been made t o cul l from ava i lab le sources s u f f i c i e n t information f o r a general or b i r d ' s eye view of the subjec t . Furthermore, sfn equally earnest attempt has been made t o avoid a biased and prejudiced at t i tude and to weigh the data as accurately and as jus t l y as personal a b i l i t y a l lows. This has seemed espec ia l l y essent ia l at the present time when so much contro-versy i s raging both in and out of the church on th is matter. The Thesis w i l l , i t i s hoped, indicate that in both, or a l l , camps a mixture of truth and e r r o r e x i s t s . The general purpose of t h i s Thesis is t o survey the Divorce problem in a more or less ana ly t i ca l manner. I t l im i t s i t s e l f to no par t i cu lar country or s tate on the ground that i t is assumed that the fundamental ins t inc ts and "urges" of human nature are possessed in common by a l l people, and that the accidents of time and b i r th do not a f f e c t the basic des ires of humanity very much, but modify t h e i r expression in the l i gh t and to the degree of the knowledge possessed and the nature of the par t i cu la r environment concerned. I t seems t o the wr i t e r that Japan with i t s record of having the greatest percentage of d ivorces , and the United States of America, and Canada with t h e i r increasing divorce curve in the upward --i d i r ec t i on , have bas i ca l l y a common problem, so f a r as the inherent b i o l o g i c a l desires are concerned. This aspect w i l l be further t reated under the heading of Biology in the Thesis. An attempt w i l l be made to in terpre t the b i o l o g i c a l aspect of sexual l i f e and i t s implicat ions fo r Soc ie ty . One other d iv i s ion of the subject requires a few words of explanation before a general plan of the Thesis i s presented. This touches upon the r e l a t i on of Abnormal Psychology t o the Divorce problem. The w r i t e r f e e l s that the divorce s i tuat ion has rece ived much more a t t en t i on from the standpoint of economics, law, e cc l e s i as t i c i sm, feminism, e t c . , than from that of Abnormal Psychology. I t seems strange t o given him that so much attent ion should have been/to the external side of divorce and, comparatively, so l i t t l e to the nature of inner causes, many of which are phys io log ica l in t h e i r nature. The point i s that too many people have recourse t o the Divorce Court f o r r e l i e f from t h e i r d i f f i c u l t i e s who, as a matter of f a c t , should be under the care of medical and psychiatr ic experts . I t is not suggested, of course that a l l or any of the marital troubles are e n t i r e l y due to glandular, muscular or nervous de f e c t s , but i t ijs held that psycho-pathic de fects may quite l a rge l y enter into the home l i f e of married couples and tend to destroy what otherwise might have been a sa t i s f a c t o ry marriage. When the whole story is t o l d of the f indings of Abnormal Psychology in th is connection the wr i t e r is convinced that there w i l l be a widespread demand f o r a sounder t ra in ing along l ines of Mental hygiene, sex l i f e , and Behaviourism In general , than is now o f f e r e d . The whole trend of this Thesis i s to point out the ry complex elements which enter in to the question of Divorce. Concerning the Thesis as a whole i t should be said that the problem of Divorce became more d i f f i c u l t as the work proceeded. There seems t o be no book deal ing with the problem in a l l i t s complex i t ies , hence th is Thesis i s a synthesis of materials from many d i f f e r e n t quarters. The wr i t e r has attempted a general survey of the problem from an h i s t o r i c a l , psycholog ica l , phi losophical and s t a t i s t i c a l point of v iew. In Section I he has sought t o show some of the underlying pr inc ip les of marriage among a l l classes of peoples, and, in a general way some o f the e a r l i e r proceedings of divorce,thus r e l a t i ng the modern problem to the old one. In Section I I the b i o l o g i c a l nature of sexual a t t rac t ion is discussed showing that "marriage and the fami ly are a complex resultant from the in teract ion of many fundam-ental needs." Section I I I studies the sexual funct ion as "one of the great actuating forces of l i f e . " Maladjustment of th i s v i t a l urge spe l l s d isaster f o r many people. The problem of R ir th Control i s touched upon and re la ted t o the problem of d ivorce . Section IV was o r i g i n a l l y intended t o be the main part of the Thesis , but i t was found necessary to cu r t a i l i t . This sect ion emphasizes the need of many people f o r expert VI A; help in making adequate response t o l i f e problems as a whole. Section V takes the ground that Divorce has i t s aspects. I t i s claimed that under ce r ta in conditions marriage may even be immoral; from a soc ia l point of view moral i ty is r a c e - l o ya l t y . Furthermore Divorce, as a question of of r i ght and wrong, moral i ty or immorality,should be judged in the l ight of the evolut ion of the e th i ca l standard. Section VI opens up the question of the Church and i t s re la t ion to Divorce. Under Section V I I the more commonly named and understood causes of divorce are enumerated and various s t a t i s t i c s g iven. F ina l l y , in Section V I I I cer ta in suggestions and solutions of the Divorce problem are o f f e r e d . In presenting th i s Thesis the wr i t e r once more wishes to express his sense of inadequacy in dealing wi th so great a problem. In no sense does he f e e l that any degree of f i n a l i t y has been attained but ra ther i t i s with a deep convict ion that despite his best e f f o r t s the problem attacked in th i s paper has only been touched upon in the b r i e f e s t and most supe r f i c i a l manner. EVOLUTION OF MARRIAGE AND DIVORCE - Sect ion I -" Indiv idual marriage has i t s foundations in economic r e l a t i o n s . . . In the establ ished t rad i t i ons of modern Europe the sexualand the* economic aspects of marriage are combined in one and the same r e l a t i on ; the former i s , fur ther convent-iona l ly regarded as being the primary one, and the economic aspect as subordinate, subsidiary, and necessary to i t . . . The ins t i tu t i on , i t s or ig in and development have been almost exc lus ive ly viewed and discussed by soc ia l h is tor ians in terms of the operation of the sexual ins t inc t and of the sentiments connected with those ins t inc t s , such as the exerc ise of personal choice, the e f f e c t s of jea lousy, the manifestations of romantic l ove . The o r i g in , l i k e the b i o l o g i c a l foundation, of indiv idual marriage being e ssen t i a l l y economic, those psychological factors are the products of the assoc iat ion rather than the causes or conditions that have given r i se t o i t . Indiv idual economic associat ion between sexual partners has inev i tab ly tended to es tab l i sh ind iv idua l sexual claims; those claims have brought about new r e s t r i c t i ons on sexual r e l a t i ons . The married woman tends in time t o become prohib-i t ed or tabued to a l l but her indiv idual assoc iate . "Those r e s t r i c t i o n s , which, as we shal l see, have been extremely slow in developing, and have not become f u l l y -establ ished un t i l quite la te stages in the.growth of advanced soc i e t i e s , have contributed t o that i d e n t i f i c a t i o n of the sexual with the economic aspect of marriage which i s assumed in European t r ad i t i on . Marriage is with us the only recog-nised and l i c i t sexual r e l a t i on . I t i s in theory the only avenue to the sa t i s f ac t i on of the sexual impulses and t h e i r der ivat ive sentiments; and i t i s t o a large extent in prac t i ce , f o r sexual r e l a t i ons outside marriage are attended by the r i sks , the d i s a b i l i t i e s and disadvantages which are inseparable from def iance of t r a d i t i o n a l l y establ ished codes and of the ex i s t ing soc ia l order, But in pr imi t i ve soc i e t y , marriage is nothing o f the sor t . I t is ne i ther the entrance into sexual l i f e , nor even the condition of access t o any given indiv idual of the opposite sex. In a l l uncultured s o c i e t i e s , where advanced re t rospect i ve claims have not become developed, and the females are not regular ly betrothed or actual ly married before they have reached the age of puberty, g i r l s and women who are not married are under no r e s t r i c t i ons as t o the i r sexual r e l a t i o n s , and are held to be e n t i r e l y f r e e to dispose of themselves as they please in that respect . "To that rule there does not e x i s t any known exception. Were any authenticated instance known of a pr imi t -ive soc ie ty , uninfluenced by the usages and sentiments of a more highly developed culture, where chast i ty i s regarded as ob l igatory on unmarried or unbetrothed females, the f ac t .F^ i'.i!?? would be of momentous importance. For we should be compelled to regard i t as an example of the appearance in mankind, y^ ' - - " ''.''''<''* " ' . ^ apart from soc ia l causes, of a sentiment en t i r e l y absent in animals; and we should there fore have no option than t o account f o r i t by some form of the theor ies which were current before s c i e n t i f i c conceptions and methods had become applied to the development of the human race . "The doctrine o f organic evo lut ion changed complete-ly the theore t i ca l premises of soc ia l anthropology, and, short ly a f t e r that doctrine was establ ished by Darwin, a galaxy of b r i l l i a n t and dist inguished scholars placed the soc ia l h is tory of the human race upon a s c i e n t i f i c basis by showing that the organization of pr imi t i ve soc ie ty and the conception upon which i t was founded d i f f e r e d profoundly from those obtaining in modern European soc i e t y , and that the ins t i tu t ions and corresponding conceptions and sentiments obtaining in the l a t t e r were the r esu l t of a gradual develop-ment from a state of soc ie ty in which they did not o r i g i n a l l y e x i s t . "We possess many thousands of accounts and statements r e f e r r ing to the sexual habits of uncultured and imper fect ly known races; those statements come from a l l sorts and conditions of witnesses, many o f them e n t i r e l y devoid of s c i e n t i f i c notions or regard f o r accuracy, many of them zea l -ously anxious to represent the conceptions of sexual moral i ty obtaining among European peoples as innate and universa l . An enormous number of those statements and reports is of necessity inaccurate, misleading and f a l s e . Yet out of that multitude of highly untrustworthy and questionable documents which represent an innate regard f o r chast i ty as imposing continence upon unmarried females in pr imi t i ve s o c i e t i e s , there are probably not a dozen that cannot be shown t o be i r re levant or erroneous. That remarkable f a c t , which, f a r more than we might have deemed e n t i t l e d to expect , confirms our confidence in the methods of anthropological science has been very c l ea r l y brought out by Dr. Westermarck. Al leged instances of the observance of chast i ty before Marriage among Pr imit ive People. " Dr. Westermarck's enumeration of pr imi t i ve peoples who are a l l eged to.show an innate regard f o r chast i ty by imposing r e s t r i c t i ons on the sexual r e la t i ons of unmarried females and requir ing v i r g i n i t y in a bride includes the Turks, the Circassians, the modern Egyptians, the A lger ians , the Berbers, and other Muslim peoples of A f r i c a , severa l As ia t i c races with hoary patr iarchal i n s t i tu t i ons , and even those peoples who pract ice the in f i bu la t i on of g i r l s . Several other examples r e f e r t o Roman Catholics and to other populations which have long been Christ ians. With those i l l u s t r a t i ons we are not concerned in est imating the sexual customs of pr imi t -ive humanity. Nor are we in the present connection concerned with those people among whom the pract ice of betrothing g i r l s in childhood obtains in the a r i s t o c ra t i c classes of monarchical i e t i e s , such as those of the s lave- trading A f r i can 1 kingdoms of the West Coast of A f r i c a , f o r i t i s , as we shal l see, the very pract ice of those soc i e t i e s that have long departed from pr imi t ive condit ions, which has led to the conceptions and usages which obtain in that respect in advanced cultures. We shal l have to note , however, that in those soc i e t i e s the claims t o the pre-nuptial chast i ty of the bride and a l l that i t involves are confined to the rul ing classes and t o ch i e f s , and when, the r e f o r e , Dr. Westermarck represents them as the general usage and sediment among the Yoruba, the Ewe, and peoples of the Gold Coast and Slave Coast, or , s t i l l more unwarrantedly, among the Tongans, Samoans, and other Polynesians, the statements are profoundly inaccurate and misleading. The same i s true of severa l Cal i fornian t r ibes among whom a regular a r i s t o c r a t i c class became establ ished, and who, in order to safeguard t h e i r exclusiveness required a high br ide -pr i ce f o r the i r daughters, and s t r i c t l y prevented a l l access t o them save on the pr ice of that guarantee of wealth. I t i s equal ly i r r e l evant t o adduce as i l l u s t r a t i ons of the observance of chast i ty in the prenuptial state instances of peoples where such a state dees not e x i s t . With several peoples whose economic conditions are exceedingly simple, such as some t r i bes of New Guinea, some f o res t t r ibes l i k e the Veddas of Ceylon, boys and g i r l s are mated as soon as they a t t a in the age of puberty, and o f t en be fo re . Those unions are in nowise regarded as binding, and 6 the youthful spouses are at l i b e r t y to separate, and take other partners, which they sometimes do. Females who have no husbands, are, among those people , accounted f r e e as regard the i r sexual r e l a t i ons . While, the re f o r e , there cannot be said t o ex i s t e i the r pre-nupt ia l chast i ty or unchastity, ne i ther can i t be said that any account is taken of unspotted pur i t y . " 1 B r i f f a u l t brings forward many examples the impl ic -at ion of which is that , genera l ly speaking, intercourse between unmarried people of pr imi t i ve culture is almost e n t i r e l y unrestr ic ted,yet that a f t e r marriage f i d e l i t y and chast i ty are the general ru l e . "Again, statements to the e f f e c t that even the unmarried g i r l s are chaste or are s t r i c t l y guarded had in the great major i ty of cases re ference t s t h e i r a t t i tude towards strangers and towards Europeans in part icu lar and a f f o r d no c r i t e r i on as to t h e i r conduct within the t r i b e . " ' I n t e r c o u r s e was almost promiscuous, '" says Mr. Bandel ier , " ' w i t h members of the t r i b e . Towards the outsiders the s t r i c t e s t abstinence was observed; and the f a c t , which has been overlooked and misunderstood, explains the p reva i l ing idea that before the coming of the white man the Indians - North American t r i bes -were both chaste and moral, while the contrary i s the t r u t h . ' " B r i f f a u l t shows that"among the Indians of the Utah reservat ion , the Carribean races of the Mosquito Coast, the nat ive t r i bes of Mexico, the t r ibes of Orinoco, the Jivaros of Eduador, the 1. B r i f f a u l t - Mothers, V o l , I I . p.19 Baralong Bechuanas, the Masai and many others - great is allowed l i b e r t y of sexual intercourse/within the pale of the i r recognised boundaries, while at the same time any co-habi tat -ion with those outside the t r i b a l or soc ia l l im i t i s deal t ,1 with severe ly . "A considerable number of Dr. Westermarck's examples consist of statements t o the e f f e c t that i t is rare t o come upon prenuptial chi ldren; or that a g i r l is blamed f o r having such a ch i ld , or even severe ly punished or put t o death, out i t i s a fact f ami l i a r t o ethnolog ists that with a large number of uncultured peoples, although sexual re la t ions are wholly unrestr ic ted be fore marriage, i t is a rule that pregnancy must be avoided or that children resu l t ing from such intercourse are k i l l e d at b i r th . The rule is most s t r ingent ly enforced amongst peoples with whom prenuptial intercourse is not merely permitted but is even ob l igatory and regu lar ly organised. Some t r ibes present examples of the most severe and barbarous penal t ies i n f l i c t e d on unmarried mothers. "'Thus the aaziba of the Southern shores of Lake V i c t o r i a , ' l o o k , ' we are to ld, 'upon i l l e g i t i m a t e intercourse between the sexes before marriage as the most serious o f fence to t h e i r laws. ' 'The gu i l t y party are bound hand and foo t and cast into a lake, or are buried a l i v e in a swamp.' Rut i t appears a f t e r a l l that such punishment has not re ference to ' i l l e g i t i m a t e intercourse ' at a l l , but to the bearing of prenuptial chi ldren; unless such a ch i ld is actual ly born, no not ice whatever i s taken of the r e l a t i on . A f t e r marriage 1. Op. C i t . , p.20. sexual re la t ions among the Baziba were, as with the Bayankole, polyandrous. A l i k e seve r i t y is shown by the Bakyiga, though the g i r l is merely driven away from the clan. 'The harsh treatment meted out to a g i r l who conceived be fore marriage was due t o the f e a r of ghosts, f o r her deed would anger the dead of the c lan, who might cause i l l n e s s among the l i v i n g i f the crime was not thus severely punished.' S imi lar ly among the banyora, the Bakoki, the Busoga, i f the g i r l re fused to t e l l and the man could not be found, she was taken out of the kraal and sent away to f r i ends , f o r her presence would bring i l l luck to her home; the children would d ie or the cows cast the i r ca lves . So l ikewise among the Creeks, Cherokees and other t r ibes of the p la ins , a young woman's chances of marriage were g rea t l y augmented by the fac t that she had had many l ove rs ; but the unmarried women destroyed th e i r o f f sp r ing f o r the express purpose of prolonging the i r per iod of unfet tered sexual freedom. No evidence, the re f o re , could be more i r re l evant as regards prenuptial chast i ty than the r a r i t y of prenuptial o f f sp r ing or the habitual disposal of 2 them by i n f an t i c i d e . "When those inva l id instances are e l iminated, Dr. Westermarck's enumeration of statements concerning peoples who are said to enforce prenuptial chast i ty is reduced to very moderate dimensions, and the probab i l i t y of t h e i r accuracy i s diminished in an even greater degree. In severa l other instances adduced, the fac t that the reverse of what 1. Dp. C i t . , p.26. 2. I b id . p.29. uggested by Dr. Westermarck is the case is established beyond a doubt; in other instances the authori t ies re f e r red to by him do not say what he ascribes to them, and sometimes they say the exact opposite. Dr. Westermarck adduces from Pe t ro f f a statement ascribed to Father Veniaminoff, in which i t i s asserted that among the Aleutians ' g i r l s or unmarried females who give b i r th to i l l e g i t ima te children were to be k i l l e d f o r shame and hidden. ' The passage to which the above statement appears to r e f e r runs in part as fo l lows , 'the Aleutians are disposed to sensual ity. Before the doctrines of the Christian r e l i g i on had enlightened them, the i r unbridled passions had f ree p lay ; only the nearest kinship set a bound to the i r sensual des i res . The introduction of Christ ianity has, i t is t rue, abolished the i r singular manner of enterta in-ing guests - sharing marital r ights of the husband, and also polygamy, but not the i r disposit ion to promiscuity. *.'. Ih faht io ide is indeed very rsfte. For down to the present dgy the b e l i e f is prevalent that i f a g i r l , in order t o hide her shame, should k i l l her chi ld before or a f t e r b i r th , count-less misfortunes would be brought down upon the whole v i l l a g e t o which she belongs, and that the sac r i f i c ed chi ld would be heard every night cry ing. ' A l l other testimonies as to the sexual moral i ty of the Aleutians are in ent i re agreement with that of Father Veniaminoff ." I t is interest ing to compare with the above statements 2 <-those of Thomas. Westermarck, a f t e r having discussed at 1* Op/C i t . , p.30. - I 2. Thomas, W. f . , - Source Book f o r Soc ia l Origins, p.481. 10 length the hypothesis of promiscuity says, 'Having now examined a l l the groups of soc ia l phenomena adduced as evidence f o r the hypothesis of promiscuity, we have found that , in point of f a c t , they are no evidence. Not one of the customs a l l eged as r e l i c s of an ancient state of indiscriminate cohabitation of the sexes, or "communal marriage" presupposes the former existence of that s t a t e , ' and further on he says, ' i t is not, of course, impossible that , among some people, intercourse between the sexes may have been almost promiscuous. Rut there is not a shred of genuine evidence f o r the notion that promiscuity ever formed a general stage in the soc ia l h i s to ry of mankind.' I t needs scarce ly be pointed out how t o t a l l y opposed this conclusion of Mr. Wester-marck is to that arr ived at by other workers." The general conclusion one must der ive from a r i f f a u l t ' s inves t iga t ions in this respect i s that , broadly speaking, prenuptial chast i ty did not , and does not e x i s t among pr imi t i ve peoples, except where some very spec ia l conditions obtained. The obvious inference is that modern conceptions of prenuptial chast i ty are but the resul t of a long development of custom and that the m u l t i p l i c i t y of regulations bu i l t up around the sexual r e la t i ons of modern men and women are not and cannot be regarded as i n f a l l i b l e ru les , but as expedients which necess i tate continual read just -ments to changing condit ions. We shal l now continue with o r i f f a u l t as he seeks to d ist inguish between marriage and other sexual r e l a t i ons . 11 Sexual Relat ions. Sr" " ' "Since sexual re lat ions within the prescribed l imits of marriage classes are much more f r ee before than a f t e r marriage i t is manifest that the primary purpose of that ins t i tu t i on cannot have been the sat i s fac t ion of those impulses. Of the Angami-Nagas i t is stated that ' chast i ty begins with marriage, ' and among the t r ibes of Upper Burma ' i t is claimed that unchastity a f t e r marriage does not ex is t owing to the i r freedom of experiment before marriage. As Dr. Starcke observes, ' i f marriage were decided by sexual re la t ions , i t would be d i f f i c u l t to understand for what reasons marriages were contracted in those communities in which al together l icent ious 1 l i f e is permitted to the unmarried.' "The sexual freedom which precedes marriage may lead to i t ; and i t has been represented that such freedom may be regarded as a crude way of a f fo rd ing young people an opportunity of e f f e c t i n g a choice of more permanent partners. In many instances those re lat ions may, of course, be fo l lowed by a more stable associat ion, but among a large number of pr imit ive peoples there is no re lat ion between the freedom of intercourse pi*'* which takes before marriage and the establishment of marriage 3 re la t i ons . The women, among North American Indians 'do not seem to be in any hurry t o get themselves married. They took care to avoid by the use of abor t i fac iants , any risks of 1. B r i f f a u l t - Mothers, p.69 2. Ib id p.70 contracting t i e s f o r some years . The same anxiety , that no permanent connection should resul t from f r e e intercourse was manifested by men and women among the Guaycurus and Guanos of b r a z i l . Among the Masai the r isk that prenuptial freedom should lead t o marriage a l l iances was very s t r i c t l y guarded 1 against by t r i b a l law. In view of recent discussions concerning " T r i a l Marriages" i t is in te res t ing t o note that , "the ancient Peruvians had l ikewise a regular system of t r i a l marriage. The agreement was binding f o r one year oniy; at the end of that period both part ies were f r e e t o contract other engage-ments i f they so desired. Previous cohabitation was regarded as so essent ia l a prel iminary to marriage that a woman who had married without such due preparation was not regarded as respectably wedded, and was l i ab l e to have the fact thrown 2 in her face i f the marriage did not turn out a happy one. "Among the ancient Egyptians, marriages were not d e f i n i t e l y concluded unt i l a f t e r a ' t r i a l y e a r . ' " "We thus f ind every degree of t rans i t i on between general pre-sexual re la t ions wholly unconnected with prospect-ive marriage, the r ight of experiment, or " t r i a l marriage," and a recognised freedom of re la t ions between prospective spouses." I t i s d i f f i c u l t t o draw a l ine between these 1. Op. C i t . , p.71. 2. I b i d . , p.73. 23 customs and ca l l one or the other marriage. " I t i s , in f a c t , p rac t i c a l l y impossible t o frame any d e f i n i t i o n of marriage which w i l l apply s t r i c t l y to a l l forms of the r e l a t i on in uncultured s o c i e t i e s , at the same time excluding the most casual sexual congress. Dr. Westermarck has attempted to lay down such a d e f i n i t i o n , and proposes to regard marriage as 'a more or less durable connection between male and female last ing beyond the mere act of propagation t i l l a f t e r the b i r th of the o f f s p r i n g . ' But where the whole d i s t inc t i on , as we conceive i t between the sex re la t ions which are , and those which are not, marriage turns prec i se ly upon the i r degree of permanency, the use of such a phrase as 'more or l ess ' en t i r e l y abolishes 2 the character of the d e f i n i t i o n . "The same d i f f i c u l t y in drawing a d i s t inc t i on between marriage and other sexual re la t ions i s experienced in regard 5 to many people in every part of the wor ld . Among the Chevsurs, e . g . , few people are t o be met that have not been married more than ten times. Among theGnods i t i s d i f f i c u l t to say what 4 i s and what is not marr iage. " Such examples might be g rea t l y mul t ip l i ed . As Dr. Westermarck puts i t , ' there are unions which, though l e g a l l y recognised as marriages, do not endure long enough to deserve 5 to be ca l l ed so in the natural h is tory sense of the term. 1. Op. C i t . , p.74. 2. I b i d . , p.75. 3. " p.78. 4. " p.80. 5. " p.80 "The b i r th of o f f sp r ing has ce r ta in ly a consol idating e f f e c t upon individual unions. Indeed, i t is considered by most uncultured peoples as const i tut ing the consummation and establishment of the marriage r e l a t i on , and a sexual associat ion 1 is not regarded as a marriage unt i l chi ldren are born." "Of some peoples i t is said that they draw no d i s t inc t i on between marriage and cohabitat ion, or that the fac t of cohabitation const i tutes indiv idual marriage. Rut with the major i ty of even the most pr imi t ive peoples a d i s t i n -ct ion is drawn, as with ourselves, between the two r e l a t i ons , and the d i s t i n c t i v e character of the marriage r e l a t i on l i e s with them, as in our own soc i e ty , in the establishment of a soc ia l and ju r i d i ca l r e la t i onsh ip . The nature of that ju r i d i c foundation of the marriage r e l a t i on necessar i ly var ies according to s o c i a l and cultural condit ions. The d i s t inc t i on drawn between indiv idual marriage and other sex re la t i ons is thus, in essent ia l respects , of the same nature in pr imi t i ve soc i e t i es as our own. In England at the present time (1927) a man and a woman may cohabit in the most devoted manner f o r f i f t y years , and rear a fami ly , yet unless the union has been l e ga l l y r e g i s t e r ed , they are not married and the i r chi ldren are bastards; whereas the most transient assoc ia t ion, or even one not attended wi th any cohabitation at a l l , const i tutes , i f establ ished according t o l ega l 2 requirements, a true and va l id marriage. The d i s t inc t i on 1. Op. C i t . , p.84. 2. I b id . p.94. does not r e s t upon the associat ion or upon i t s permanency, or even upon the formation of a fami ly group, but so l e l y upon a jur id i c and lega l transaction and r e l a t i o n . The nature of the d i s t inc t i on is the same in the most pr imi t i ve s oc i e t i e s . I t is not the fact of the assoc iat ion, or i t s duration, but the establishment of a jur id i c r e l a t i on which const i tutes marriage and d i f f e r e n t i a t e s i t from re la t ions between the sexes which are not regarded as such. Indiv idual marriage i s , in i t s o r i g in , not rooted in any form of associat ion between sexual partners, or in any groups, or fami ly , result ing from such assoc iat ion, but i s , even in i t s most pr imi t ive and rudimentary forms, dist inguished as a ju r id i c r e l a t i o n , i r r e spec t i v e l y of i t s s t a b i l i t y or any group or family which may or may not be formed from sexual r e la t i ons that are not thus j u r i d i c a l l y establ ished. "There i s , however, a d i f f e r ence between the pr imi t -ive and the advanced view of the d i s t i n c t i on . In the l a t t e r , not only is the marriage r e l a t i on a l e ga l l y const i tuted one, but a l l other re la t ions between the sexes have come to be regarded as i l l e g a l or i l l e g i t i m a t e and arethere fore subject to censure and condemnation. In the pr imi t i ve form of the r e l a t i o n , while cer ta in r e la t i ons const i tut ing jur id i c marriage are regarded as establ ished by a l ega l act , i t does not f o l l ow that other r e l a t i ons are there fore regarded as i l l e g i t i m a t e , or as a breach of usage, or in any way censurable Among the North American Indians, the Guaycurus, in the Solomon Is lands, abortion and in f an t i c i de were f r e e l y employed by the young women in order t o avoid establ ishing that jur id ic re la t ionship which would have constituted a lega l bond between the man and the woman's fami ly , and. g iven the former a certa in claim upon the woman. The pract ice was no wise open to condem-nation, and the freedom exerc ised by the woman was in every way as leg i t imate as the contracting of a jur id ic connection. Or again, among the Line is landers and the Hawaiians, ju r id i c marriage served certa in spec ia l i zed economic purposes in regard t o the transmission of a landed property by inheri tance, and was not entered into by the major i ty of the people who had no in te res t in such transact ions. There i s no ground f o r supposing that , in those instances, the one sort of union was more durable and the other less durable. We are t o l d , on the contrary, that they were a l l equal ly transient and loose. The d i s t inc t i on lay in the ju r id i c conditions attend-1 ing these unions, and not in the degree of t h e i r durab i l i t y . Very commonly, and in quite pr imi t i ve s o c i e t i e s , the jur id i c r e l a t i on is not establ ished unt i l r e l a t i v e l y late in l i f e , on the ground of purely economic considerat ions; but sexual re la t ions not so establ ished, that is to say, prenuptial r e l a t i ons , are not in any way regarded as i r regu lar or derogatory. A tendency, however, must inev i tab ly develop, apart from other fac tors and considerations, f o r a j u r i d i c a l l y establ ished r e l a t i on to cause a depreciat ion in the esteem in which re la t ions not so establ ished are he ld ; the co r re la t i v e of a sanctioned and leg i t imate union comes in time to be an 1. Op. C i t . , p.95. t ioned and i l l e g i t ima t e one, although that opposition did not o r i g i na l l y e x i s t . Several other causes have brought about the condemnation and suppression of extra-connubial re la t ions between the sexes, but the ju r id i c character of the sanction upon which indiv idual marriage is founded has also been a contributory cause which has helped t o render a l l other r e la t i ons i l l e g i t ima t e and morally censurable, and t o give to marriage the character which i t has ult imately required of 1 the sole recognised form of sexual assoc iat ion. Economic Grounds of Sexual Se lec t ion . One of the simplest questions that can be asked i s , "Why do men and women marry?" The answer is a matter of wide d i f f e rences of opinion. B r i f f a u l t o f f e r s the f o l l ow ing contr ibut ion: "The matrimonial a l l iances of a r i s t oc ra t i c and wealthy fami l i es in feudal Europe, which were based so l e l y upon considerations of soc ia l and economic interest and expediency, those 'mariages de convencance,' in which mutual a t t rac t i on and even ordinary s u i t a b i l i t y in regard to age or appearance were excluded as i r r e l e van t , have been regarded as a profanation of marriage, and as trampling upon the motives which should be i t s foundation. But the same pr inc ip les that governed those a l l i ances determined the marriages of the even more barbaric heathen predecessors of medieval Europeans, and they govern marriage ins t i tu t i ons in the most pr imi t ive and uncultured soc ie t i es which we know. The answer of the Austral ian aborigines to the question why they desire a wi fe w i l l bear repeat ing, f o r the purposes cf pr imi t ive individual 1. Op. C i t . , p.96. ^marriage could not be more c l ear l y and accurately stated. I f a native is asked why he is anxious to possess a w i f e , he invar iably answers, ' t o f e tch me wood and water and prepare my 'mudlima' ( f o od ) . By the Australian black marriage is regarded ch i e f l y in the l i gh t of an associat ion contributing to his wants. The same is true in regard to a l l uncultured * peoples. Among the natives of Northern Papua 'a woman is acquired in the f i r s t place as a worker and only inc idental ly as a w i f e . ' In the Island of Rook ' in te res t is the only motive of marriage, ' the w i f e hopes that her husband with his hunting and f ishing w i l l give her a l l in abundance, the husband on the other hand, expects to f ind everything we l l prepared when he returns to the hut. In the Pelew Islands 'marriage is regarded as a matter of business, love is l e f t to youth. ' In the Loyalty Islands the choice of a wi fe is ch i e f l y determined by her s k i l l as a gardener. Among the Ainu of Japan, laziness on the ps.rt of the w i f e and f a i l u r e to obtain good crops are recognised as just grounds f o r d ivorce. Among the Chins of Upper Burma 'the only questions asked by the parents of the young man regarding the g i r l is as to how thoroughly and quickly she can clean a h i l l - s i d e of weeds, or how long i t takes her t o plant a patch of m i l l e t . ' "With the Eskimo, ' in a man's choice of a wi fe the f e e l ings are not taken into account, he 'marries because he requires a woman's help to prepare his skins, make his clothes and so f o r t h . ' Among the North American Indians ' industry and capacity f o r work are above a l l valued, and next f e r t i l i t y ' In Braz i l the chief qua l i t i e s that are valued in a w i f e are that she should understand gardening and be able to brew good b e e r . ' Among the natives of the Tanganyika Te r r i t o ry marriage ' i s regarded en t i r e l y as a prosaic and material step in which sentiment can be allowed no p a r t . ' I t i s ' en t i r e l y an economic a f f a i r . ' Among the nangoro 'marriages are seldom, i f ever , the outcome of l ove , but are entered into f o r u t i l i t a r i a n and economic reasons. ' And among the Bahima 'there i s no question of l o v e . ' In Uganda, 'where there is great demand f o r native labour, and the men earn good wages in f ac to r i es and govern-ment contracts there is a tendency to avoid marriage. The economic motive f o r indiv idual marriage having disappeared 1 there is no other l e f t ; they there no longer desire t o marry." One may query at th i s point , in connection with the prominence given to the economic motive in marriage whether or not the sexual desires of those peoples are met f r e e l y outside the recognised l imi ts of marriage. B r i f f a u l t adduces numerous instances of husband se lec t ion by the w i f e . " In contrast with the choice of a w i f e by the man is the se lec t ion of a husband by the woman. Throughout Southern Papua and in the adjacent islands of Torres S t ra i t s i t is a ru l e , to which there appears to be no exceptions, that a l l advances and proposit ions of marriage 2 must come from the woman and not from the man. Among the Gakai of Perak 'the women used to seek the i r own husbands. 1. Op. C i t . , p.164-167. 2. I b i d . , p.168-169. Among the Ainu of Yezo i t was the ru le of women t o propose. 'So l ikewise among the Elgoa i t i s the recognized e t iquet te that a l l advances with a view t o marriage must come from the woman, and i t would be very bad form f o r a man to propose. R r i f f a u l t would assume that under matriarchal condit ions, p r i o r to the development of patr iarchal organizat ion, i t is the general rule that the women should take the i n i t i a t i v e in contracting sexual assoc iat ions, and th is primari ly f o r economic reasons. " I f the conditions of such pr imit ive matriarchal soc i e t i es and the motives leading to an economic associat ion cf sexual partners be r i gh t l y considered, i t w i l l be seen that the woman is f a r more interested than is the man in forming such an associat ion. Marriage i s p r imi t i ve l y an economic assoc iat ion and depends not upon sentimental and sexual impulses, but even so,those economic grounds are the b i o l o g i c a l foundation of the ef-^Tae- sentiments and ins t inc ts . I t is i r r e l e van t , from a b i o l og i ca l point of view, to adduce the 'pass ive ' character of female germ c e l l s and the ' a c t i v e ' character of male germs in support of a general soc ia l law that the male inst incts must needs be the more act ive f a c t o r in br inging about mating assoc-ia t i on . The somewhat fantast i c use of b i o l o g i c a l analogies might be appl icable in reference to the sexual inst incts of the ma*le, but has no bearing on the mating ins t inc t s , which are e ssen t i a l l y opposed to them. The re levant b i o l o g i c a l f ac ts are that wherever, in the animal kingdom, mating takes place and there i s a more or less prolonged association of the sexes, i t is in r e l a t i on to the requirements of the female and not in re la t i on t o those of the male that 1. Op. C i t . , p.169-170. 21 female 's economic need which, from the outset, has given r i se t o that extension of the maternal ins t inc t which const-i tutes the mating inst inct and which in i t s higher form i s analagous to the order of human sentiments that is spoken of as^sexual love . Thus whether the motives which lead to the permanent associat ion are economic or sentimental amounts, so f a r as the female is concerned, to much the same thing; f o r the sentiments are , in t h e i r o r i g i n , but a manifestat ion and expression of the economic motive. And although in most pr imi t ive soc ia l phases those sentiments cannot assume the form they have acquired through cultural development in the most c i v i l i z e d races, and appear to be rudimentary, there can be l i t t l e doubt that i t i s in the female and not in the male that they have in the f i r s t place manifested themselves and developed^ regarding the' freedom of pre-nupt ia l sexual re la t ions among pr imi t i ve peoples genera l ly i t i s in te res t ing to compare Goodsel l ' s statement regarding the 'Theory of Promiscuity . ' He speaks of bachofen who took the ground that abor ig ina l men l i ved in hordes l i ke other gregarious animals and that complete promiscuity in sex re la t ions preva i l ed . This theory, he continues, has been since held by Mr. McLennan in his "Pr imi t i ve Marriage," and Mr. Lewis Morgan in his book on "Ancient Soc ie ty " who "both maintain that in the beginning of In view of the pronounced opinions of b r i f f a u l t 1. Op. C i t . , p.175-176. 22 his to ry sexual intercourse was quite unrestr icted and sexual unions were t r ans i t o r y . " Goodsell then goes on to say that "Westermarck, in his valuable work on Human Marriage has s i f t e d th is evidence very ca r e fu l l y and concludes ( l ) that no case of a people l i v i n g in unrestr icted sexual commun-ism can be found today; (2 ) that the customs which point t o promiscuity admit of d i f f e r e n t and more sa t i s f ac to ry explanat-ions , " and Goodsell draws the conclusion that the "more the matter i s inves t iga ted , the more questionable i t becomes that pr imi t ive groups general ly l i ved in a condit ion of absolute promiscuity, although great l a x i t y in mari ta l re la t ions undoubtedly prevai led among them."^ Relat ion of the sexes in Greek and Roman l i f e . In his book, The Greek View of Woman, G.L. Dickensen t e l l s us that in the State of Sparta "the woman was spec ia l l y tra ined f o r maternity, and connections outside the marriage t i e were sanctioned by custom and opinion, i f they were such as were l i k e l y to lead to healthy o f f sp r i ng , and that the ch i ld was reg is tered as a member of the State rather than as 2 a member of the f am i l y . " Plato would compel every man t o marry between the ages of th i r t y and t h i r t y - f i v e , under the penalty of f ine and c i v i l d i s a b i l i t i e s . He, too , would regulate by law both the age at which marriages should take place and the number of chi ldren that should be produced. 1. Goodsell - The Family as a Social and Educational I n s t i t u t i o n . , - p.9. 2. Dickenson - Greek View of Woman - The Woman Question, p . l . "The modem conception that the marriage re la t ion is a matter of pr ivate concern and that any indiv idual has a r ight to wed whom and when he w i l l , and to produce chi ldren at his own d i sc re t i on , regardless of a l l considerations of heal th and decency, was one a l together a l i en to the Greeks. In theory at least,- and t o some extent in pract ice (as , f o r example, in the case of Sparta) , they recognised that the production of chi ldren was a business of supreme import to the State , and that i t was r ight and proper that i t should be regulated by 1 law with a view t o the advantage of the whole community." "And i f now we turn from considering the family in i t s r e l a t i on to the state t o regard i t in i t s r e l a t i on to the ind iv idua l , we are struck once more by a divergence from the modern point of v iew, or rather from the view which is supposed to p r eva i l par t i cu la r l y by wr i t e rs of f i c t i o n , at any ra te , in modern English l i f e . In ancient Greece, so f a r as our knowledge goes, there was l i t t l e or no romance connected with the marriage t i e . Marriage was a means of producing l e g i t im-ate chi ldren, that is how i t is def ined by Demosthenes; and we have no evidence that i t was ever regarded as anything more. In Athens we know that marriages were commonly arranged by the f a ther , much as they are in modern France, on grounds of age, property, connection and the l i k e , and without any regard f o r the par t ies concerned." "And an interes t ing passage in Xenophon indicates a a point of view quite consonant with th i s accepted prac t i ce . 1. Op. C i t . , p .2 . "God," he says, "ordained the ins t i tu t i on of marriage; but on what grounds? Not in the least f o r the sake of the person-a l r e l a t i on that might be establ ished between the husband and w i f e , but f o r ends quite external and ind i f f e r en t to any a f f e c t i on that might e x i s t between them. F i r s t , f o r the perpetuation of the human race; secondly, to ra ise up protectors f o r the f a the r in his old age, t h i r d l y , to secure an appropriate d iv i s ion of labour, the man performing the outdoor work, the woman guarding and superintending and each thus f u l f i l l i n g duly the function f o r which they were designed 1 by nature." In the same essay are quoted the fo l l owing l ines from the "Medea." 'Of a l l things that have l i f e and sense we women are most wretched. For we are compelled t o buy with gold a husband who is also - worst of a l l ! - the master of our person. And on his character , good or bad, our whole f a t e depends. For divorce is regarded as a disgrace to a woman 2 and she cannot repudiate her husband.' In conclusion of his essay Dickenson re fe rs t o Demosthenes where he said that every man 'requires beside his w i f e at least two mis t resses , ' and comments that " th is statement, made as a matter of course in open court , is perhaps the most curious i l l u s t r a t i o n we possess of the d is t inc t ion between the Greek c i v i l i z a t i o n and our own, as 1. Op. C i t . , p .3 . 2. I b i d . , p.10. regards ndt the f ac t i t s e l f but the l i gh t in which i t was 1 viewed." Marriage and The Roman lady. 2 "At Rome," according to W. Warde Fowler, " in a l l periods of her h i s t o r y , a iustum matrimonium, i . e . , a marriage sanctioned by law and r e l i g i o n , and there fore en t i r e l y l e ga l in a l l i t s r esu l t s , was a matter of great moment, not to be achieved without many forms and ceremonies. Behind the Roman marriage lay the idea of the serv ice of the family and the S ta t e . " A Roman would no doubt f a l l in love , but his passion had nothing to do with his l i f e of duty as a Roman. The beauty and gravitets of married l i f e are s t i l l f e l t and s t i l l found, but the depths of human f e e l i n g are not s t i r r ed by them. Love l i e s beyond, i s a fac t outside the pale of the ordered l i f e of the family or State . "At the same time d ivorce , which had probably never been impossible though i t must have been rare , about the year 169 B.C., began to be a common prac t i ce . The virtuous Emilius Paullus put his wi fe away on the ground that "a woman might be exce l l ent in the eyes of her neighbours, but that only a husband cculd t e l l where the shoe pinched." Cato's view of the conjugal r e l a t i on seemed to be that of regarding the wi fe "rather as a necessary agent f o r providing the State with chi ldren than as a helpmate to be tended and revered. 1. Op. C i t . , p.10. 2. Fowler, W., - Marriage and the Roman Lady - p.12. And th is being so, we are not Surprised t o f ind that men are already beginning to d i s l i ke and avoid marriage; a most dangerous symptom, with which a century l a t e r Augustus found i t impossible t o cope. More and more the notion gained ground that a c lever woman who wished to make a f i gure in soc i e ty , t o be the centre of her own monde, could not we l l r e a l i z e her ambition simply as a married woman. She would probably marry, play f as t and loose with the married s ta te , neglect her children i f she had any and a f t e r one or two d ivorces , die or disappear. So powerful ly did this idea of the incompat-i b i l i t y of culture and wifehood gain possession of the Roman mind in the last century R.C. that Augustus found his struggle with i t the most d i f f i c u l t task he had. "Even i f we put aside as untrustworthy a great deal of what is t o ld us of the re la t ions .of men and women in th is per iod, i t must be confessed that there i s quite s u f f i c i e n t evidence to show that they were loose in the extreme and show an al together unhealthy condit ion of family and socia l l i f e , husbands divorced t h e i r wives on the smallest pretexts and wives 1 divorced t h e i r husbands." In deal ing with the r i s e of the family of Western 2 c i v i l i z a t i o n Dealey s ta tes , " th is fami ly , though inf luenced somewhat by Hebraic and Greek teachings, i s fundamentally based on Roman and Germanic standards and customs. In the f i r s t f i v e hundred ye§rs of Roman l ega l development, four forms of 1. Op. C i t . , p.26. 2. Dealey, J.Q., - The Family in I t s Soc io log ica l Aspects. ; marriage arose, one a f t e r the other , i l l u s t r a t i n g in t h e i r varying standards the changing ideals of domestic r e l a t i on -ships. (1 ) The e a r l i e s t known form of marriage, the con fer r -e a t i o , was confined t o the pa t r i c ians , and in the main represented a f ami l i a r patr iarchal ceremonial form; i t included traces of survivals of capture marriage, the procession escort ing the bride to the bridegroom's home and re l i g i ous ceremonies such as her introduction to the hearth and ancestral gods of her new fami ly . This form disappeared from common use quite ear l y in Roman h is tory except that i t long survived as a sacred form of marriage f o r those fami l i es that aspired to p r i e s t l y o f f i c e . Among the population below the pat r i c ian rank preva i led two other forms of marriage ceremony and these in time became common among patr ic ians a lso . (2 ) In one of these the coemptio, or purchase form, the part ies concerned, in the presence of a magistrate and witnesses, went through a form of the sa le of the bride to the groom, a surv iva l , doubtless, of an e a r l i e r pract ice of a real purchase. In th is form, which also became obsolete somewhat ea r l y , the State is present in the magistrate, who, however, acts merely as a recorder of sale and purchase and had no other authority over the marriage. (3 ) A s t i l l more popular form ex is ted in the Usus, in which the law assumed that a l ega l marriage ex is ted a f t e r cohabitation as man and wi fe f o r the spaCe of one year . Under these three forms of marriage the w i f e came to be d i r e c t l y under the power and authority of her husband ( in manu v i r i ) . Divorce was possible but was rare ly used in the f i r s t form, though more common under the other two. 28 The power of d ivorce lay with the husband, though he was guided in his decision by a family council composed of r e l a t -ives of both pa r t i e s . Whatever dowry he received with his w i f e was general ly returned at d ivorce . ( 4 ) . At an uncertain date, but about the time when Rome d e f i n i t e l y embarked on a po l i cy of t e r r i t o r i a l extension beyond I t a l y through conquest, a new form of marriage arose (matrimonium sine conventione in manum mar i t i ) which soon became and remained the dominant form throughout the l a t e r Republic and the Empire. Under the Usus marriage, a w i f e by absenting he rse l f f o r three consecut-ive nights from the bed of her husband, continued to be his w i f e , but did not pass under his legal author i ty , remaining under the authority of her own fami ly . This fourth form of marriage consisted in a Usus marriage in which the p r i v i l e ge of the trinoctium had not been used, but yet the w i f e l e ga l l y d id not become subject to her husband. This became, the re fo re , a marriage contracted at the w i l l of the part ies d i r e c t l y concerned, in which both man and wi fe were equal partners, since the w i f e was l e ga l l y independent of her husband, and remained under the authority of her own family or guardian. These last three forms of marriage were pe r f e c t l y l ega l and respectable ; in each case there was a formal be t ro tha l ; but by slow change of custom the wi fe gradually became a f ree person equal in the eyes of the law to her husband, and marriage was a mutual pr ivate contract needing no authorizat-1 ion from e i the r p r i e s t or magis trate . " 1. Op. C i t . , p.37-39. 29 Marriage in The Middle Age and Modern Times. "The chr is t ian ideal of marriage during the Middle Ages was to regard i t as a Sacrament. The ear ly Church Fathers regarded marriage and women as obstacles in the path of sa in t l y l i v i n g . Whereas the ear ly Church had exercised but l i t t l e inf luence over marriage, the ceremony la te r became r e l i g i ous and was performed by the pr i es t in the parish church. Marriage was f i n a l l y enumerated as one of the sacraments of the church and the whole subject placed under e c c l e s i a s t i c a l ju r i sd i c t i on . This point of view known as the sacramental 1 theory, regards marriage as ind isso lub le . " The question of the Roman Catholic doctrine of Nu l l i t y w i l l be discussed l a t e r under Ecc les iast ic ism. I t is s u f f i c i e n t to indicate here that as the Protestant Reformation weakened the authority of the Church, that of the State strengthened. "This resulted in the c i v i l authority taking over many powers formerly exerc ised by the Church. The trend of modern times has oeen consistent ly toward a separation of Church and State, and th is movement has r e f l e c t e d i t s e l f in a changing at t i tude toward marriage. A C i v i l marriage Act was passed by the England of Cromwell, On the Continent, th is development was large ly a resul t of the French Revolution, and the 19th Century witnessed the triumph or the idea throughout Europe. Although the laws regarding divorce had long remained p rac t i ca l l y undisturbed, the pr inc ip le involved in the new theory began 1. Burch and Patterson - American Social Problems, p.313. t o produce i t s results l a t e r . Ecc l es i as t i ca l Courts, l ike those of the Feudal nobles, haa long lost a l l power, f o r t h e i r ju r i sd i c t i on had been usurped by the state courts. When divorce was f i n a l l y recognised, the C i v i l Courts were 1 the only proper legal agencies to grant the r i g h t . " Coming down to modem times i t is in teres t ing to 2 compare the view of Bernard Shaw, with the forego ing , on the r e l a t i on of state and marriage. " I t is on marriage that the secular state i s l i k e l y to clash most sensational ly with the Churches, because the Churches claim that marriage ia 3 metaphysical business governed by an absolute r ight and wrong which has been revealed to them by God, and which the State must there fore enforce without regard to circumstances. But to th is the State w i l l never consent, except in so f a r as c l e r i c a l notions happen to be working f a i r l y we l l and to be shared by the secular ru le rs . Marriage is f o r the State simply a l icense to two c i t i z ens to beget chi ldren. To say that the State must not concern i t s e l f with the question of how many people the community is to consist o f , and, when a change is des ired, at what rate the number should be increased or reduced, i s t o t r ea t the nation as no sane person would dream of t r ea t ing a ferryman. I f the ferryman's boat w i l l hold only ten passengers, and you t e l l him that i t has been revealed to you by God that he must take a l l who want to cross over , even though they number a thousand, the ferryman w i l l not argue with you, he w i l l refuse to take more than ten, and 1. Op. C i t . , p.313-4. 2. Bernard Shaw - I n t e l l i g e n t Woman's Guide to Socialism and Capitalism - p.409. 30 w i l l smite you with his oar i f you attempt to detain his boat and shove a couple more passengers into i t . And, obviously, 1 the ten already aboard w i l l help him f o r the i r own sakes." In concluding th is section the fo l lowing remarks from L^toumeau's "Evolution of Marriage" are o f f e r ed . "However d i ss imi la r may be the countries or the epochs, the union of man and woman begins, with very rare exceptions, by the complete s lavery o f the l a t t e r , and her ass imi lat ion to domestic animals over which man has a l l possible r i gh ts , a f o r t i o r i that of dr iv ing her away. Then as the ages move on the i r course we see soc i e t i es which become by degrees c i v i l i z e d , and in proportion to th is advance the condition of woman improves. At f i r s t the man could k i l l her i f she displeased him; then, cases of adultery apart, he contented himself with repudiating her; next , the sever i ty of this r ight of repudiat-ion, at f i r s t unl imited, was mit igated, then i t was r es t r i c t ed to certa in wel l def ined cases; some r ights were even granted to the repudiated woman. At length her own r ight was recognised to seek divorce in order to escape from into lerab le treatment. At last a return was made to divorce by mutual consent, which had been allowed in a good number of pr imit ive s o c i e t i e s , before a r i g i d l e g i s l a t i o n , general ly theocra t i c , had c r y s t a l l i z ed , in cod i f y ing them, seme of the old barbaric customs. The Cathol ic prejudice i t s e l f , absurd as i t was, in regard to marriage became humanized by time. Doubtless the Church continued to condemn Divorce, but she allowed a good number of 1. Op. c i t . - p. 409. cases of nu l l i t y of marriage, undoing thus with one hand what she attempted to bui ld up w i th the other and w i l l i n g l y or not 1 compounding and compromising with the "wor ld. " 1. Evolution of Marriage p.247-8. UBC Scanned by UBC Library THE BIOLOGICAL BASIS 33 OF THE FAMILY - Section I I -The fami ly i s not an invention of man - i t has been worked out independently by d i f f e r e n t organisms. "The b i o l og -i ca l basis of the family i s to be interpreted in i t s r e la t i on to the great underlying phys io log ica l processes of a l l organic l i f e , to development; t o the interchange of matter and energy; t o behaviour; t o reproduction. "A l l organisms show two d i f f e r e n t sets of a c t i v i t i e s . ( 1 ) They l i v e ind iv idua l l y ; (2 ) They reproduce. Each indiv idual has i t s own l i f e career ; i t grows, develops, seeks, and takes nut r i t i on ; pursues i t s varied business and des i res ; become mature; most f i n a l l y become old and die^ And, in addi t ion, each produces new individuals that shal l take his place when his indiv idual career i s closed. "The l i f e career of some organisms is so simple, and th e i r reproduction i s so simple that there is l i t t l e in t e r -fe rence . The r o t i f e r , e . g . , simply drops a piece of i t s e l f -which grows into an ind iv idual . There i s , no mating and there is no far ther r e la t i on of parent to o f f sp r ing . But some modi f icat ion takes place - part of the nutr i t ion goes into these pieces and th e i r separation may be a severe operation f o r the parent. 54 "And even in such cases the beginning of the family may appear. In some animals the piece or germ remains attached to the parent body, these, growing and developing through the parent mouth and sharing the parent career. Several such o f f spr ing may remain attached to one parent; then we have a ve r i tab l e inc ip ient f ami l y , though with but one parent. Abudding hydra - a co lon ia l in fusor ian, shows us such an embryo fami ly . n Animals that require two parents f ind the matter much more complex. Why most of us require not merely one parent but two is one o f the great and, perhaps, unanswered problems of b i o l ogy . This increases enormously the var i e ty and complexity of l i f e ; mul t ip l i es by thousands i t s problems and d i f f i c u l t i e s , perhaps also i t s in teres ts and sa t i s f a c t i ons . There is added to the l i f e career the problem of f inding and unit ing with a mate. This requires spec ia l i zed funct ions, spec ia l i zed react ions . The seeking of the mate becomes one of the chief impulses, changing the development and behaviour of organisms, playing everywhere a tremendous r o l e . I t seems one of the chie f bases of s t ructura l and mental evo lut ion; i t cannot be l e f t out of account whether we are deal ing with the family or with any other product of evo lut ion. "At i t s lowest, reproduction from two parents is s t i l l carr ied out in a r e l a t i v e l y simple way. In some organ-isms the indiv iduals simply cast t h e i r germ ce l l s abroad -thus many plants and aquatic animals. As conditions of l i f e grow more complex th is does not s u f f i c e . Most mates seek and l i f e career . A d i f f e r ence ar ises between the two mates, a d i f f e r ence not present in the lower grades. One does most of the seeking, and carr ies minute germ ce l l s that move and ac t i v e l y unite with the others. This i s the male. The other the female, produces and carr ies large germ c e l l s , in which she stores up food f o r the development of the young. Rere appears the deepest dual i ty of l i f e , the d i f f e r ence of the sexes. "The l i f e career in both sexes i s much a l tered by the mode of reproduction, but in the male f a r less than in the female. The production of the large germ c e l l s , the stor ing of food within them, the carrying of them, and the i r deposit ion -these things form f o r the female a large part of the business of l i f e . The special problems of feminism begin f a r back in the animal se r i es . "The l i f e career of the female becomes s t i l l more profoundly a l tered when the egg, even a f t e r union with the germ c e l l from the male, remains attached to the body of the mother, rece iv ing protect ion and nut r i t i on , t i l l a certa in stage of development i s reached. We f i nd among a l l animals a l l stages in th is union. In some i t goes but a l i t t l e way. The female carr ies the egg merely t i l l i t is ready t o hatch, then casts i t abroad. In others the union becomes longer and more intimate, t i l l we reach the conditions found in the group t o which man belongs, the mammals. Here the young is long i d e n t i f i e d with the parent. The o f f sp r ing is not cast on i t s own resources un t i l i t has reached a rather advanced 36 intimate union of parent and o f f spr ing f o r a long per iod , has large consequences. The development of the o f f sp r ing is g reat ly changed. And the parent is modif ied hardly l e ss ; her ent i re physiology, metabolic, glandular, nervous, mental, i s tremendously inf luenced. In th is union of parent and o f f spr ing we have another major f ac to r in development and behaviour, comparable to that due to mating, cut th is union a f f e c t s d i r e c t l y but one of the parents, the female; the family at i t s beginning includes but mother and o f f sp r ing . Save f o r the mating requirements the male s t i l l re ta ins his freedom. -gradually brings him, t oo , under the domination of the developing young. Her l i f e career so weighted down becomes inadequate to nutr i t i on and protec t ion . The l i f e career of the male, already great ly modif ied f o r the seeking of the female, becomes fur ther changed toward reta ining possession of her; toward feeding and protect ing her while she is carry-ing and guarding the young. This s i tuat ion we f ind widespread; in f i shes , in b i rds , in mammals; the male protects and aids the female. The Economic Dependence of the Female has begun. reaching inf luence of the young on the mother does not disappear at once on i t s separation from her body. I t remains a source of reac t ion ; an object of i n t e r e s t , a f t e r i t has become f r e e . "but the chain binding the male to his mate Pa ra l l e l with th is we f ind another step. The wide The parent from which i t has separated continues to protect i t , t o supply i t f ood , to keep i t under conditions favorable to i t s f a r the r development. The mother wasp prepares food f o r the future young, a spider , or larva that has been s tup i f i ed ; deposits the eggs in th i s . The b ird mother builds a nest , keeps the eggs warm, feeds the young. The family has now developed f a r the r . But in the simple cases i t s t i l l consists mainly of the o f f spr ing with but one of the two parents, the female. "But the male, t oo , becomes drawn into th is work. The female and her behaviour have become the strongest source of st imuli f o r the male. Rer concern with the o f f spr ing deeply inf luences him. At times his re la t ion to the progeny appears but ind i r e c t . He protects the females; the progeny too are protected. In places i t is more d i r e c t . The drawing of the l i f g a c t i v i t i e s of the male in to the c i r c l e of family l i f e appears, as we survey the animal kingdom, in curious, i so la ted and unexpected ways. The male ca t f i sh of cer ta in species takes the eggs in his mouth and there holds and protects them unt i l the young can take care of themselves. Certain male toads take the eggs on the i r backs and there carry them unt i l the young animals hatch and escape. In various f i s h the male helps bui ld and guard the nest , and takes part in protect ing the swimming young. Some male birds help bui ld the nest , f eed the female while she keeps the eggs warm; take the i r turn at that work; help to feed the young. In some mammals the male concerns himself l i t t l e or hardly at a l l with these domestic matters; in others he 38 &3.ays an ac t i ve ro le in providing a home and caring f o r the young. "Along with th i s intertwining of the l i f e careers of parents and o f f sp r ing , there come changes in the re la t ions of the two parents t o each other. In some animals the r e l a t -ion is but a passing one: the male seeks the female; then a f t e r union of the germ c e l l s , separates from her; they consort no more; and the next mating w i l l be with another ind iv idual , or as chance may d i r e c t . Rut as the development of the young comes to be dependent on the parent or parents, as the parents f e ed , protect and guide the young, the behaviour of each become corre lated with that of the other; they cooperate. The mating r e l a t i on is continued between the same parents. We f ind here, perhaps, two main l ines of evo lut ion. In one group, t y p i c a l l y , each male mates with another l imited number of females, which he protects from enemies and defends from other males. The polyamous family has arisen (Deer are examples). - the herd or f l o c k , headed by a s ingle male, as in c a t t l e , in sea ls , and in many mammals. "The polygamous fami ly presents b i o l o g i ca l d i f f i c u l -t i e s . Since in most species the number of males and females is approximately the same, the appropriation of several females by one male resul ts in the exclusion of many males from propagation; resul ts consequently in perpetual war among the males. Since in the nature of the case i t is the more powerful warriors among the males that become parents of the next generation, this method of organization resul ts in s e l e c t i v e e l iminat ion in favor of the war l ike ; cuts out p a c i f i c i s t s ; operates against the development of the v ir tues of peace; keeps soc iety at war. As might be expected in such polygamous fami l i es the males have l i t t l e d irect concern with the care of the young beyond the protect ion of the f l o ck as a whole. Their business i s mainly f i gh t ing and propagation. "Where, however, the male becomes more d i r e c t l y involved in the business of caring f o r the indiv idual young produced by a par t i cu lar mother, cooperation between a s ingle male and a s ingle female becomes the rule . Care of the i r common young keeps them together ; the mating r e l a t i on continues successive chi ldren may be born to the same pa i r . v'.'hat we usually think of the family has come into ex is tence ; two parents and the i r o f f spr ing l i v i n g together , carrying on th e i r l i f e careers in unison; sharing nutriment and protect ion; cooperating in a c t i v i t i e s . Such fami l i es are found in a great number of diverse groups; they are by no means pecul iar ly a human i n s t i t u t i o n . " " In b i rds , in many mammals, mating occurs only at par t icu lar periods of the year , and the young are dependent f o r but a short t ime; the fami ly then remains a unit only, f o r the same length of time. Then the parents separate from the chi ldren, and the two parents part , carrying on independent careers . " "But there ex is t or ar ise in many animals powerful b i o l o g i c a l inf luences that f avo r a cooperative career of the parents las t ing f o r more than one season, or f o r l i f e . The a t t rac t ion of the mates f o r each other, combined with the 40 e f f e c t of habit , i t s e l f acts powerful ly in th is d i rec t i on . In the eag les , hawks, and other birds of prey th is keeps the mates together f o r l i f e - a permanent monogamous marriage is here found. Successive fami l i es of young are produced, though there intervene periods in which the parents are without young, the union o f mates i s f o r l i f e . " In other animals th is tendency towards a permanent cooperative union on the part of two parents is powerful ly re in forced by the long period of dependence of the young. The development of the o f f spr ing t o maturity requires not one season but many. The two parents caring j o i n t l y f o r the o f f sp r ing , remain together . The o f f spr ing come not in broods, but s ing ly . Successive chi ldren overlap in the i r developmental careers. There is no time when the two parents can separate without breaking in upon the functions they have undertaken in r e la t i on to the young. Such is the s i tuat ion in i t s highest development in man. "Meanwhile, too , the l i f e career in such organisms has become f u l l of complex a c t i v i t i e s of other sorts requir ing f o r t h e i r proper performance the undistracted attent ion of the ind iv idua l , and a l l th is i s intertwined with the care, pro tec t -ion and guidance of the young. To break the mating re la t i on at any part icu lar time is to bring a l l th is into confusion; is to leave chi ldren and mate in d i s t ress ; t o leave u n f u l f i l l e d the mating in f luence ; is to fo rce the separated mates anew into the intensely d i s t rac t ing pursuit of f ind ing a new mate. A l l th is i s avoided by the mates remaining together . Even as age comes on, and the las t of the o f f spr ing has taken up i t s own career , so that b i o l o g i c a l re la t ions with progeny no longer require cooperation on the ^ r t of the parents, long use and habi t , the persistence of the need f o r companionship, keep together the two parents. Marriage i s l i f e long, even though the care of the o f f spr ing is not. Permanent monogamous marriage has arisen independently through similar funct ional requirements in the mammals and in the b i rds ; the b i o l og i ca l needs g iv ing or ig in t o i t being much the more numerous and powerful in the higher mammals. Thus i t is emphatically not t rue , as so o f t en asserted wi th assumed f i n a l i t y , that the only function of marriage is the production of chi ldren. On the contrary, marriage and the family are a complex resultant from the interact ion of many funct iona l needs. The sa t i s f a c t i on of the powerful mating impulse, one of the chie f factors in organic evo lut ion, re in forced as i t is by many structural and funct ional complexes that have arisen in connection with i t , is one of the major elements concerned. The thwarting of a l l that is connected wi th th is impulse profoundly a f f e c t s and deranges the l i f e career . No ins t i tu t i on that leaves th is function u n f u l f i l l e d can be considered a b i o l o g i c a l l y adequate one. "The monogamous fami ly , with a l i f e long union of the mates, appears as the f i n a l terms in a long evolutionary s e r i e s . . " In some quarters we meet an aspirat ion f o r a system showing the essent ia l features of that found in the insects , in which from the beginning the soc ia l group as a whole shal l care f o r the o f f spr ing making the family unnecessary. In th is way the indiv idual parents are to be r e l i e v ed ; set f r e e each to pursue his or her l i f e career without inter ference from o f f spr ing or mate. As we f ind i t in popular modern proposals, th is aspirat ion appears la rge ly dominated by the desire to set f r e e and give f u l l sa t i s f ac t i on to the mating impulses; t o f a c i l i t a t e changes of mates, making i t unnecessary f o r them to remain t i e d to one another longer than fancy d i c ta tes . " I f we examine th i s aspect of the matter in the animals that have f u l l y carr ied out th i s system of public care f o r the progeny we f ind a surprising r e su l t . The system has resul ted not in the f r e e ing of the mating impulses, but in t h e i r suppression, the i r almost complete ex t inc t ion ; in the essent ia l desexual izat ion of soc i e t y . Only a few i so la ted individuals continue to be occupied with mating and propagation the rank and f i l e are sex less . I f man must look to this r e su l t , possibly the enthusiasm f o r this system w i l l abate. " In these ants and bees the functions of the parents have become purely propagatoBy; beyond th is they have prac t i ca l ly no l i f e career . One female in the state is se lected as mother. She is fos tered and fed and protected f o r the young she produces; the other females are destroyed or transformed by specia l treatment into non-sexual ind iv idua ls . The males as such play a ro l e only in that one of them f e r t i l i z e s the s ingle group-mother; a f t e r one has done t h i s , a l l other males may be destroyed; or in other cases they too are transformed, l ike the females, into neutral ind iv idua ls , soc ie ty is non-sexual; carr ied on, not by husbands and wives, fathers and mothers, but by one. The whole d i s t rac t ing business of mating, of marrying and g i v ing in marriage, is cut out of these s o c i e t i e s ; the individuals can apply themselves whole-heartedly to the i r l i f e careers. The young produced by the group mother are cared f o r by cer ta in of these neutral workers who make th is the i r l i f e business. The family does not e x i s t ; i t is a state in evolut ion that has been l e f t behind, transcended. The attainment of some such s i tuat ion appears to be the aspirat ion 1 of certain groups of men." having reviewed the b i o l o g i c a l basis of the family b r i e f reference w i l l now be made to i t s h i s to r i ca l development. The family has o f t en been ca l l ed the unit of society because i t is the smallest organized group of indiv iduals, and because i t is the most constant f ac to r among varying soc ia l 2 organizations. There seems to be general agreement on th is point . "The primary and most important soc ia l inst i tut ion 3 is the f ami l y . " "The family has been and presumably w i l l 4 continue t o be the heart and centre of social l i f e . " The family as an ins t i tu t ion has always taken i t s character is-t i c s from the society of which i t is a part . Among early peoples, whose numbers were small and whose socia l order was simple, the family was l i k e l y to carry out i t s functions through the fac t that i t was an economic, and educational, and 5 a r e l i g i ous unit of social l i f e . 1. Jennings, H.S. - From the Amceba Up, Survey, 59:272-6, Dl, 1927. 2. Blackmar and Gil lan - Outlines of Sociology, p.118. 3. Burch and Patterson - American Social Problems, p.57. 4. ' Dealey, J.Q., - The Family in I ts Socio log ica l Aspects, p.4. 5. Beach, W.G., - Introduction to Sociology, p.183. 44 Systems of tracing Descent. "There are two chief systems of tracing descent found in the history of soc ie ty . They are the metronymic and the patronymic. In the former descent is traced through mothers; in the l a t t e r , descent is traced through the fa thers . Unti l the appearance of Bachofen's great work, "Das Mutterrecht," in 1861, i t was general ly held that the patriarchal form fami l ia r to us in the B ib l i ca l records and in the c lass ica l nations of antiquity was the or ig ina l form of the fami ly . Re found evidences, as he thought, of an early period in human society when women rather than men dominated the family. His researches were supplemented by McLennan in 1876 and by Morgan in 1877." In the metronymic form of the family "a child does not belong to the kindred of his fa ther as in our patronymic form of the fami ly , but t o , the kindred of his mother. On the other hand, control of the family rests not with the mother, but with the mother's male kindred, although the women exercise much greater influence in the a f f a i r s of the group than under the patr iarchal 1 forms of f ami l y . " The patronymic family hands down i t s family name through the father . "The t rans i t ion from the metronymic to the patronymic form of family was due t o a number of causes. "War led to the custom of w i f e capture . . . This was succeeded by wi fe purchase. In e i ther case the w i f e was regarded as the property of her husband. A th ird cause of the decl ine of the posit ion of woman lay in the development of pastoral l i f e . This necessitated a 1. Blackmar and Gi l lan, - Outlines of Sociology, p.118. r area and removed the w i f e from the protect ing influence 1 of her o r i g ina l f am i l y . " "The dominance of the male once establ ished, r e l i g i on entered in as a mighty force in the metronymic fami ly . In the patronymic fami l y , however, ancestor worship gathered into a focus of mighty power a l l the potent ia l ' i t i e s of male sel f-aggrandizement. I t debased woman, and gave re in to a l l the aggressive propensit ies of the male. Sons had been desired from the economic point of v iew, as workers and to f eed the f l o c k ; from the soc ia l point of view, they were valuable as f i g h t e r s ; now they were desired intensely in order to carry on the worship of the ancestral s p i r i t s . The woman was accursed who did not bear sons. The unchaste w i f e was not only a criminal in the eyes of the fami ly and the group, but was a sinner in the sight of the gods. While ancestor worship survived, death was the only possible fate of the adulteress. One great thing i t accomplished, however, a lbe i t at great cost , 2 i t establ ished female wedded chas t i t y . " The various forms of family re lat ionships have been summarized by Blackmar and Gill<pn as f o l l ows : A pair ing arrangement of short duration. Group marriage - a group of brothers married to a group of s i s t e rs as reported by Captain Cook of the Hawaiian Is lands. Polyandry, or the family r e l a t i o n in which one woman has more than one husband, pract ised in Thibet and a sect ion in India. 1 Burch and Patterson - American Socia l Problem - p.62 2. Blackmar and G i l l an - Outline of Socio logy, p. 120. 46 Polygyny, or the possession by one man of several wives. 1 Monogamy in which re la t i on one and one woman form family re la t ions f o r l i f e . This appears to have been the preva i l ing form of marriage in a l l ages and in a l l p laces. Other forms of marriage, such as polygyny and polyandry, are merely l o ca l or temporary deviat ions from the usual form. In most c i v i l i z e d countries the monogamic family i s now and has been f o r centuries the only sanctioned form of ma&tiage. Continued Modi f icat ion of the Family. The fami ly at an ear ly stage was a producing unit of soc i e t y , both by reason of the chase and the products of the s o i l . "^ater , in the pastoral and agr icul tura l periods, arose a family ownership of property. The home increasingly became an economic centre , and, unt i l the advent of the Industr ia l Revolution, a place of economic unity where p rac t i ca l l y a l l the wants of the fami ly were met by home manufactures or home products in '.'hich the members cooperated to maintain the needed supply. I t is the break down of th is economic unity of the family and the d i f f us i on of the fami ly ' s working power over many d i f f e r e n t areas of a c t i v i t y that constitutes one of the main sources of modern problems, and has, in ways to be outl ined in this Thesis, augmented the problem of Divorce. Blackmar and G i l l en summarize these economic changes and the i r e f f e c t s upon the fami ly as f o l l ows : The changes which have come into our economic l i f e in the pa^t f i f t y years have ser iously a f f e c t ed family l i f e . The increased earning capacity of women and the opportunit ies o f f e r ed them to make the i r own l i v i n g , by enabling them t o be more independent, have impaired 1. Op. C i t . , p.122. the old time unity of the family group. With the advent of fac tory l i f e , however, and the consequent massing of laborers, the economic funct ion of the home has become of s teadi ly decreasing importance. Hence i t has come to pass that mi l l ions of our women do t h e i r work outside the home. In m i l l , o f f i c e , and shop they spend the i r days rather than in the home. Industry has we l l nigh destroyed the,economic bas is , of the home. I t has made the woman who has remained in the home more independent economically. Often i t has taken the husband and f a the r away from the home so that he can no longer help to rear the fami ly . He no longer is the important soc ia l f a c t o r in the home that he once was. Furthermore, the inf luence of the fami ly and home upon the children has been much in t e r f e r ed with by the change from the domestic to the fac tory system of industry. Once the chi ldren contributed to the support of the family by working with t h e i r parents in the home, ^ow, i f they share in the economic burdens of the f ami l y , they must leave i t s f os te r ing ca r e . " Listed among other factors involv ing changes in home l i f e are the school, an increase in rented homes, l i b e r a l i z a t i o n of thought, and the decrease in the s i ze of the fami ly . A l l these have been i n f l u en t i a l fac tors in creat ing conditions in the soc ia l order wherein d ivorce , among other problems, tended t o become accentuated. Divorce s t r ikes at the heart of the family as i t breaks down the monogamic r e l a t i o n , scatters the sentiment which c lus ters , normally around home l i i e and, where chi ldren are involved, deprives them very f requent ly of proper parental contro l . The home nas been the school of the chi ld to a very large ex tent . I t was as Beach s ta tes , "the beginner of 2 i n t e l l e c tua l and moral educat ion." 1. Burch and Patterson - American Social Problems - p.63 2. Beach, W.G. - Introduction t o Sociology - p.185. Scanned by UBC Library THE PROBLEM OF DIVORCE IN RELATION TO THE SEXUAL FUNCTION. - Section I I I -49 Thus f a r we have dea l t with marriage and the fami ly in a very general way. Whatever the par t i cu lar form in which men and women have associated i t is quite evident that the impulse t o mate is rooted in a b i o l o g i c a l urge, and that both male and female are inev i tab ly modif ied so f a r as the i r l i f e careers are concerned by the ins istent demands of the i r sex nature. The home and the family have been the normal spheres f o r the sa t i s f ac t i on of these basal ins t inc t s , and so long as there has been no f a i l u r e in the home l i f e in th i s respect apparently the mates have been able t o remain in cooperation together , other things being equal. That there has been and is a l l too l i t t l e harmony in sex r e l a t i ons , however, in many that homes, and that f a c t o r has been a disorganiz ing force in fami ly l i f e , and a responsible element in many divorce problems, is evident from many sources. We shal l now discuss the Divorce problem in re la t ion to the Sexual Function. Sex i s one of the great actuating forces of l i f e . I t runs through l i f e as a deep undercurrent, r i s ing to the surface sometimes in the r i ch and beaut i fu l f ru i tage of whole some love , and sometimes f ind ing expression in a l l sorts of perversions and lusts . Because of neglect of th is eerious question of sex thousands of people have unduly suf fered and there has been a t e r r i b l e wastage of human power and happiness. Because of the taboo of s i lence which former propr iety imposed upon sex matters, genera l ly , the subject was regarded as some-thing unclean with the consequent react ion in many l i v es of f a l s e modesty, prudery, and countless social e v i l s . "Here many of us have suf fered because of neg l ec t , or because we have not been able to solve our problems. Yet here where we most need sympathetic understanding we have i t l eas t . "So serious is the s i tuat ion that there are some who hold that more men and women are su f f e r ing in this sphere than from a l l economic causes combined, such as poverty, unemploy-ment, bad housing, e t c ; that more people are being v ic t imized than because of race pre judice , f o r i t a f f e c t s a l l races; and that more casualt ies result from the con f l i c t s of sex than resulted from a l l the ba t t l e s of the world war. From t h i s , which i s fo r many the strongest dynamic drive in a l l l i f e , there may spring man's highest asp i ra t i on but also his greatest menace. From th is same root of sex there may grow lust or s e l f i s h g r a t i f i c a t i o n , the v i o l a t i on of persona l i ty , the prost i tut ion of womanhood, the debasement and enslavement of manhood, jealousy, hatred, and the lowest depths of v ice and crime to which humanity may sink. The tragedies of l i f e , the l i t e ra tures of the wor ld, the scriptures of a l l r e l i g i ons are stained with the record of man's undoing through ignorance or the perversion of th i s powerful i ns t inc t . Man has e i ther to 1 master sex or be mastered by i t . " I t i s not surpr is ing, there fore to discover how la rge ly the sexual function has entered into those cases where Divorce has culminated the home and family l i f e . In a chapter on the Relation of Physiology to Just ice, Albert Wilson, M.D., s ta tes , "When divorce cases are measured by phys io log i ca l , rather than by Norman, Roman, or even Ecc l es ias t i ca l laws, then do we c l ea r l y perceive the true nature of th is s o c i a l d isease. Marriage is regarded by the Church, espec ia l l y the Church of Rome, as a permanently binding moral and sp i r i tua l agreement. I have no wish to minimise the important bearing of r e l i g i o n on marriage, more cor rec t l y on married l i f e ; but I wish to clear the a i r as to the l ega l control by a sp i r i tua l body over a phys io log ica l funct ion, which has many complex 2 bearings, both patho log ica l and psycho log i ca l . " Discussing " m i s f i t s , i n marriage" Dr.Wilson, goes on say, "A balance of sexing propert ies appears to be essent ia l to produce normal indiv iduals . I t is when th is equil ibrium is disturbed that we get abnormal fac tors - masculine women, and ef feminate men. "The disturbed equil ibrium drives out the normal ego and l e t s in a l l sorts of lower emotions - in fac t even what has been ably def ined as the "beas t . " I t is thus that we can perhaps understand brutal males, even though we may not explain them. I t is thus that we' can understand the weak 1. Sherwood Eddy - Sex and Youth, p.7-9. 2. Albert Wilson, M.D. - Unfinished Man, p.162. emotional woman who f a l l s , or more co r r ec t l y , runs into temptation. She i s only discharging the duties of disturbed funct ions. This disturbed equil ibrium i s to a large extent the key of the divorce courts, and accounts for the many m i s f i t s in marriage. There is no question that marriage consists of three l e v e l s : the animal, the emotional, and the i n t e l l e c tua l or s o c i a l . I f any one olane is displaced the 1 marriage becomes an anxious speculat ion. " The soc ia l aspect of the se%ual function is brought out by C.W. Malchow, in his book The Sexual L i f e . In th is work Malchow shows the close r e l a t i on of sexual functioning to the general we l fare (8f the persons concerned. As th is is one side of the divorce problem not emphasized in general l i t e ra tu re upon the subject I sha l l take the l i be r t y of 2 quoting him somewhat in extenso. "Society and c i v i l i z a t i o n are founded and builded upon the home, and the home i s not a mansion or a hovel , but i t i s the resul t of the assumption of the sexual r e l a t i on . I f the home cannot or does not supply the sexual and most of the soc ia l needs of i t s founders then i t cannot be ca l l ed home 3 in the f u l l sense of the word. "The preservat ion of s e l f is perhaps the strongest human inst inct and is o f ten alluded to as the ' f i r s t law of nature . ' I f we go but a step f a r the r we f i n d c lose ly a l l i e d and int imately interwoven with th i s t r a i t the desire to prolong 1. Op. C i t . , pp. 161-162. 2. Malchow, C.W. - The Sexual L i f e . 3. Ib id . - p.19. ' . . . ' - . 105 or to perpetuate se l f in the species, and with th is basis we have the manifestation of sexua l i ty , the sexual sense, or the 1 inst inct fo r propagation." "Our mental s ta te , however, is susceptible to other in f luences, being of a soc ia l nature, we are to a certa in extent dependent upon one another, and are susceptible to and exert inf luences which a f f e c t our mental t r anqu i l i t y . Amica^e and desirable social re la t ions partake of mutuality, and the more we have in common with each other, the more capable do we become f o r mutual he lp fulness , while the degree of amicabi l i ty is in d i rec t r a t i o with the des ire and the a b i l i t y f o r g r a t i f i c a t i o n . " "Nowhere do we f ind a be t t e r exempl i f i ca t ion of th i s 2 f a c t than in the sexual r e l a t i o n . " "The fac t that a complex organizat ion, such as man, is in i t s e l f incapable of reproducing i t s kind, but is dependent upon a s imi lar organic body f o r the f u l f i l l m e n t of th is funct ion, renders i t a social creature because i t cannot by i t s e l f a t ta in i t s aim. This dependence one upon the other f o r i t s natural existence is the basis of s o c i e t y . " "We may as we l l acknowledge that th is is the ' ru l ing passion' of adult l i f e , for at a l l times and in a l l ages men have fought and women endured, while more sac r i f i c e s have been made f o r the sake of the f e e l i n g entertained by a member of one sex f o r a person o f the opposite (regardless of what name may be applied to i t ) than f o r any other a t t r i bu te . Indeed, at 1. Op. C i t . p.24. 2. I b i d . , p.25. ^ P ? ? ' 54 certa in periods in every l i f e a l l other desires pale into ins ign i f i cance when compared to t h i s , the strongest , greatest and wi tha l the most v i t a l and eacred of human longings. In the natural order of things each sex i s incapable, without the presence of the other, of i nde f i n i t e l y prolonging physical l i f e , and this consciousness constitutes an a f f i n i t y , one f o r the other, which is as constant and unerring as that mysterious force which causes the needle of the mariner's compass to be f o rever inc l ined toward the pole . This powerful magnet is the sexual sense, by whose mystical inf luence our l i v e s are shaped and guided, and than which none other so large ly contributes to our several dest inies nor makes or mars a haopy, j o y fu l and 1 contented l i f e . " "This sense, l i k e the others, is by cu l t i va t i on , r e f ined , i n t ens i f i e d , and made remarkably d iscr iminat ive ; or by prolonged habitual r e s t r i c t i on and suppression a de f i c i ency may be caused in the mental balance of people that should be Considered^and eccent r i c . The sexual sense and i t s development is a f a r greater causative f a c to r in the production of mental states than is commonly supposed." "An at t rac t ion that i s wholly physical cannot be conducive to a tranqui l^ 'and leads to unbalance; while a purely mental a f f i n i t y without any bodi ly at tract iveness permits of no physical a c t i v i t y t o perform a physio log ica l funct ion, and so destroys necessary harmony, which is a fundamental requis i te to a normal s t a t e . " 1. Op. C i t . p.35. 2. Ib id . p.33-34. "When merely the body of the person i s the object of desire and sensual pleasure the sole aim, there is an incompleteness resu l t ing , which when the force of the passion has been exhausted prevents the bond from becoming constant and enduring; and this condition should not be termed love , as i t i s only l u s t . " "The prolonged suppression of the voice of nature which cr ies out f o r parentage and which is s t i l l e d by and demands the exerc ise of the copulative funct ion, is not consistent with a desirable mind capable of proper reasoning, but leads to thoughts which deviate from the natural channel and enter pathways that traverse the labyrinth of a f l i g h t y , chimerical ex is tence , and the r esu l t is prudery, e c c en t r i c i t y , misplaced sympathy and an imagination that departs from the normal and becomes depressingly f a n t a s t i c . " "The physical e f f e c t of the exercise of the copulat-ive funct ion is rare ly s u f f i c i e n t l y considered, nor are the bodi ly imperfections which may be at t r ibuted to i t s deprivat ion duly considered." "As an instance of one of many thousands of cases in which great misery i s the d irect result of ignorance of human nature and want of the knowledge which is necessary f o r the creation of the essent ia l condition f o r the copulative act the fo l l owing communication may be c i t ed as f a i r l y t yp i c a l : (Quoted in part on l y ) . " Is i t possible for a woman who is absolutely devoid of the sex nature so to cu l t i va te the same that the marital ob l igat ion w i l l not be abort ive t o her? I am t h i r t y years old and have been married four years. My l i f e so far has been more than an ordinar i ly happy one, but within the past year I have f e l t sometimes that my husband was in some way growing apart from me, and a f t e r much thought I have reached the conclusion that the growing estrangement i s owing to the f a c t that I cannot respond as a w i f e should. He is never unreasonable, never b ruta l , and yet I submit t o his wishes with such a loathing that I f a i r l y hate myself f o r i t . I know in my heart that the time w i l l come when I shal l lose his l ove , and I shal l owe i t t o the fact that I was born a stone, instead of a f l e s h and blood woman. OhJ i f you can only suggest something, i f you can t e l l me how t o avert th is impending wreck of my l i f e there is nothing I can wr i te that w i l l express my grat i tude. I t is a cry f o r help from one who i s i n mental agony." Malchow comments on the l e t t e r thus: " In a l l prob-a b i l i t y th i s i s one of the numerous cases of unequalized sex-ua l i t y in which two mature people in the prime of l i f e and vigorous health do not 'come together ' as they should, and in consequence the i r l i v e s are embittered, as the greatest pleasure that l i f e a f f o rds i s denied them." More w i l l be said regarding such cases of apparent f r i g i d i t y under the heading of Abnormal Psychology. That such experiences are f a i r l y common, and enter in the f i e l d of the Divorce court is one df the contentions of th is Thesis. Malchow contends that much of the so ca l l ed 'incompat-i b i l i t y ' is due to unequal sex promptings. Much of the sexual i n e f f i c i e n c y at the time of marriage he describes as f o l l ows : "B r i e f l y stated, we have at th i s period f o r companions, on the < -one hand, a man with a highly developed sexual sense of several years ' duration; a mind cognizant of sexual i ty ; generative organs accustomed to funct ional a c t i v i t y , with an intimate re la t ion between the two that makes them great ly i n f l u e n t i a l , acutely sens i t i ve and readi ly responsive each t o the other; but who has l i t t l e understanding of feminity and less knowledge of sexual hygiene. *0n the other hand, a woman whose previous education and environment precluded a proper understanding of sexual i ty ; who does not recognize the o r i g in o f , nor properly interpret her f e e l i n g s ; whose sexual organs are comparatively rudimentary and incapable of t imely a c t i v i t y ; who has many misgivings and seeks t o avoid that which would prove most b e n e f i c i a l , but inv i t es and t o l e ra t es such acts as cause great perturbation and excitement without a f f o rd ing proper r e l i e f . "With these conditions - and they are the ususl ones -i t is p rac t i ca l l y impossible to obtain the f u l l phys io log ica l or b ene f i c i a l results of intercourse in the beginning, and i f these are not eventual ly experienced, ind i f f e r ence , disgust or repugnance takes the place of what should be connubial b l i s s . " Mai chow states "that the condit ions cf women in regard to t h e i r marital r e la t i ons vary with the ind iv idua l , and f o r convenience married women have been div ided into the fo l l ow ing c lasses: F i r s t . Women so s i tuated and constructed, both phys ica l ly and mentally, that they respond to the caresses of the husband at a l l t imes. Second. Those who can under reasonable circumstances, by a voluntary e f f o r t hasten or retard the climax to meet the varying conditions under which they l i v e . Third. Those who are unable t o properly pa r t i c ipa t e , bring into requ is i t i on any physical or mental methods to produce simultaneous orgasm, or harmonious re la t ions , but are l e f t excited,nervous and unsat is f i ed a f t e r co i t i on Fourth. Women whose sexual passion does not become aroused; who do not derive any pleasure or benef i t from copulation, and who cannot conceive how the act can be pleasurable f o r any one." "This d i v i s i o n is somewhat arb i t rary , as i t is poss-ib l e f o r a woman t o be put in any one of these classes at d i f f -erent times during her marital l i f e . I t i s also impossible to determine the proportion of women in any of these c lasses, but i t has been estimated that the f i r s t c lass embraces 5%; the second, 50%; the th i rd , 30%; and the last 15% of a l l women. "According t o this estimate nearly one half the women are l i v i n g l i ves that can be nei ther hea l th fu l nor congenial, and whose homes are lacking in a fundamental requis i te f o r happiness "Granting f o r the sake of argument, that the propor-t ion of congenial homes is larger than g iven, i t is s t i l l a wonder, not that d ivorce is common but rather that i t is not obtained wi th greater frequency. The women of the th i rd c lass , or those who are unable t o br ing themselves to the point where there w i l l be eager par t i c ipa t ion in the pleasure of sexual intercourse are in considerable numbers, or as the proportion is estimated at 30%. I f daring enough t o brave s o c i e t y ' s comm-ents, they sometimes, espec ia l l y when a more congenial a l l iance seems in prospect, enter the courts and pray f o r divorce and thus proclaim and es tab l i sh the fac t that the i r marriage i s a f a i l u r e . " Malchow brings his book to a close with statements such as these: "Perhaps the greatest source of sin and misery in domestic l i f e is t o be traced to unsat is factory sexual condi t ions . " "A care fu l study of the cases of domestic i n f e l i c i t y w i l l revea l the fac t that the discord ar ises from f) unequalized sexual i ty . Closely associated with the sexual function is Birth Control . Br ie f re ference w i l l be made to th is problem and an attempt made to discover i t s re la t ion to the Divorce question. Where medical opinions d i f f e r i t is not to be expected that the wr i t e r of this Thesis can do other than g ive as impart ia l ly as possible such evidence as be has discovered. 1 "Havelock E l l i s , wr i tes of Birth Control, " i t is an attempt by open-eyed in t e l l i g ence and fo res ight to at ta in those ends which Nature through untold generations has been pa in fu l l y yet t i r e l e s s l y s trugg l ing f o r . The de l iberate cooperation of man in the natural task of b i r th control represents an i den t i f i c a t i on of the human w i l l with what we may, i f we choose, regard as the d i v ine l y appointed law of the world. " "On the other hand there are those who are equally as emphatic in the i r denunciation of the p rac t i c e . " 1. Havelock E l l i s - Essays in War Time, p.226. In an a r t i c l e en t i t l ed "The Doctor looks at 1 Companionate Marriage," the fo l lowing statements are made by Dr. Co l l ins . "He (Judge Lindsey) be l ieves that ' s c i e n t i f i c contraception' promises what may be developed into the most revolutionary change in human a f f a i r s that history has ever recorded." Judge Lindsey i s en t i t l ed to an opinion and to an expression of i t . But those who are incl ined to accept i t in this instance should keep c l ear ly in mind that there is no such thing as ' s c i e n t i f i c contraception. ' These nature means thwarters would have us be l ieve that there are of preventing conception which are sure and which can be u t i l i z e d without in jury . Nothing could be further from the truth. There is only one sure way - abstinence, some methods are safer than others, but there are objections to them a l l ; some are hygienic others are hedonist ic. I t must su f f i c e to say that, unless applied s k i l f u l l y and used with great circumspection, the method that insures the greatest safety carries with i t danger of in jur ies to t issues whose concern is reproduction. "There are s t i l l many of us who bel ieve that the children who are born of pure love are the children who radiate love and genius; regulation of the i r advent by considerations of t ime, conventions and material propit i t icusness would mean the destruction of the love element, which would be replaced by wordly wisdom and economic senses." 1. Dr. Col l ins - The Outlook, Vol.147; Sept.Dec.1927, p.492-503. Another interest ing comparison is a f forded by the statement of Dr. J. Matthews Duncan, quoted by Sherwood Sddy in his book Sex and Youth, that "the average healthy woman with no knowledge of family l im i ta t i on , i f she le ts nature take i t s course, w i l l g ive b i r t h to f i f t e e n children in the course of her normal l i f e . " Sherwood Eddy's comment i s : " F i f t e en chi ldren would k i l l the average mother and bankrupt 1 the average f a t h e r . " "The most important question that has to do with the marriages that f a i l is the matter of d ivorce . The most important question that has to do with providing favorable conditions f o r happy marriage is the matter of b i r th contro l . "Even in instances where the l imi tat ion aspects of b i r th control are obviously indicated, the very f ac t of l im i ta t i on may frequently create conditions which w i l l warrant a return to normal chi ld bearing. For example, there are a great many wcmen who are weak, i l l , or deb i l i t a t ed from too f requent ly recurring pregnancies: others are t ry ing to maintain fami l ies on an income already inadequate: and s t i l l others who are struggl ing with domestic tragedies which would 2 be aggravated by the a r r i va l of more ch i ldren . " "The forces in modern l i f e which make f o r b i r th control are so strong that only convincing reasons w i l l make people desist from i t . I t is said to be unnatural and 1. Op. c i t . - p.73. 2. Cooper, J.F.C. - The Technique of Contraception, p.2. ' . ' . . - ' ' - - , . i n t r i n s i c a l l y immoral. This word "unnatural" perplexes me. Why, c i v i l i z a t i o n involves the chaining of natural forces and their conversion t o man's uses. Surely the whole question turns on whether these a r t i f i c a l means are f o r the good or harm of the indiv idual and the community. The j u s t i f i a b l e use of b i r t h control would seem to be to l imi t the number of chi ldren, when such i s des irable , and to spread out the i r a r r i v a l in such a way as to serve the i r true interests and 1 those of the home." "The example of Holland is o f ten brought forward as evidence in favor of such a tendency of b i r t h contro l , since in that country the widespread pract ice of b i r th control has been accompanied by an increase in the health and stature 2 of the people . " Havelock E l l i s , M.D., "As I go to the slum d i s t r i c t s , the misery there s t r ikes me l ike a blow. What a l l the women are longing f o r i s that' they shal l have only enough 3 chi ldren to rear properly and decent ly . " "A f t e r many years of study of socia l problems I am convinced that the b i r th control movement is the most i n t e l l i g e n t and s c i e n t i f i c chari table and philanthropic enterpr ise now funct ioning in the f i e l d of a l t r u i s t i c endeavor. Many such testimonies to the need and helpfulness of b i r t h control are ava i lab le from a l l walks of l i f e , and one cannot eas i l y escape the conclusion that as adequate 1. Lord Dawson of Penn (Physician to King George). 2. Quoted in J.F. Cooper's Book The Technique of Contraception - p .4. 3. I b i d . , p.8 - S i r . W.A. Lane - quoted p.8. 4. " Raymond Pearl - quoted p.14. 105 knowledge of the purpose and technique of b i r th Control becomes more widely known among people in general i t may be made an e f f e c t i v e f ac to r in removing many of the obstacles to marital success. One can sa fe ly assume that where there is continued ch i ld bearing leading as so frequent ly i t does to d e b i l i t y , overs t ra in , d isease, overcrowding, underfeeding, and usually an abridgment, i f not a complete absence of - ordinary p r i v i l e g es and conforts of l i f e the conditions are r ipe f o r unhappiness in the home, and where possible a r evo l t against marriage i t s e l f . "besides poverty as a f ac to r in the causation of disease, domestic troubles o f t en play a considerable par t . While divorce is f a i r l y common, i t s cost is s t i l l beyond the reach of the unski l led laborer , who o f t en resorts to desertion which has been ca l l ed 'the poor man's d i v o r c e . ' Only those who are d i r e c t l y in contact with soc i a l serv ice or with the work of courts of domestic re la t ions 1 r e a l i z e the extent of th is e v i l . " "According to Dr. De Lee, more than 25,000 women die every year in th is country (United States ) from ch i ld -b i r th . There are more deaths from th is cause, per thousand in the United States than in any other c i v i l i z e d country. About one hal f of the deaths due to ch i ldb i r th are in cases where pregnancy never should have occurred. The other hal f are from in fec t ions contracted at the time of b i r th . A large 2 number of the vict ims are the weak and deb i l i t a t ed . 1. Cooper, J .F . , M.D. - The Technique of Contraception, p.27. 2. I b i d . , p.34. I t does not l i e within the province of this Thesis to carry the discussion of Birth Control fur ther . Su f f i c i en t has been said to show that as a pract ice i t cannot be separated from a discussion of the sexual funct ion, and that as a means of human we l fa re i t may under proper conditions be a great asset . Happier homes w i l l mean less divorce. R i r th Control "enables a man to form a union of f a i t h f u l devotion with the woman of his choice at an e a r l i e r age than would otherwise be poss ib le , and i t further enables him, throughout the whole of married l i f e to continue such re lat ionships under circumstances which might otherwise 1 render them injur ious or e lse undesirable to his w i f e . " "Bir th Control has contributed toward increase in population, race improvement in the general physique and health of the Dutch people, and a ra is ing of moral standards. The number of marriages has increased, the age of marriage ' 2 has been lowered, and divorces are more r a r e . " A l e t t a Jacobs wr i tes "Holland was the f i r s t country to pract ice s c i e n t i f i c b i r th control on a large scale and our experience of f o r t y -f i v e years enables us to answer the object ions which have been r a i s ed . " 1. Havelock E l l i s - Essays in War Time p.232. 2. Outlook - Vol.148, p.130 - Divorce and Birth Control. 5. Eddy, Sherwood, - Sex and Youtb - p.76 ABNORMAL PSYCHOLOGY AND THE DIVORCE PROBLEM - Section IV -I t i s the w r i t e r ' s f i rm convict ion that one of the most important aspects of the Divorce problem is that with which Abnormal psychology deals. The study of abnormal conduct reveals an array of fac tors ord inar i ly overlooked by those interested in soc ia l conduct, and a l l too f requent ly ignored by l e g i s l a t i v e bodies and ju r i d i c a l author i t i es . Often the persons most concerned with the desired divorce are unaware of the more fundamental pr inc ip les underlying the i r desires and the i r conduct. Too frequent ly recourse is had to lega l action f o r r e l i e f from pressing problems of marital l i f e when, in r e a l i t y the medical doctor and the psychiatr is t are needed. The present sect ion of th is Thesis is an attempt t o r e l a t e some of the f indings of Abnormal Psychology to the Divorce problem in general . In his book, "Outline of Abnormal Psychology," Dr. br idges, in de f in ing abnormal Psychology writes as f o l l ows : "without taking sides on a controvers ia l question, i t may be def ined prov i s i ona l l y as the descr ip t ion , c l a s s i f i c a t i o n , and explanation of unusual forms of behaviour (or consciousness), that i s , behaviour (or consciousness) that deviates considerably 1. Bridges J.W,, - Outline of Abnormal Psychology - p.9-10. < 105 from the norm or centra l tendency. I t should be noted that Abnormal Psychology, thus def ined includes not only the psychology of mental diseases, but also the psychology of mental anomalies that are not d iseases . " For the purpose of this Thesis the term, "dev iat ion from central tendencies , " w i l l be held s u f f i c i e n t to denote abnormal from normal conduct, i . e . , any thought or conduct that may be regarded as deviat ing from the central tendencies of a large aggregate of people more or less s imi lar ly circumstanced w i l l be deemed abnormal. No fur ther account of the controversy as to what i s normal or abnormal w i l l be entered upon here. C. V. Hamilton, M.D. in his work, "Object ive P^tho-Psychol&gy," wr i tes that " I t is a t rad i t i ona l assumption that the nervous pa t i en t ' s habitual modes of responding to various b a f f l i n g disadvantages which enter into his l i f e are important determinants of his nervousness: common sense interpretat ions of experience ascribe the inner tension, morning lass i tude, easy f a t i g a b i l i t y , 'nervous' headaches and insu f f i c i enc i e s of gas t ro - in tes t ina l function to maladjustive responses to such disadvantages. These non-sc i en t i f i c explanations of nervous-ness and of i t s somatic consequences are more or less consistent with even the most conservative s c i e n t i f i c opinions as to the p o s s i b i l i t y of automatic inter ference with vegetat ive functions during moments when the organism must concentrate a l l of i t s adjust ive forces to overcome externa l ly ar is ing disadvantages. 1. Hamilton, o .V. - Object ive Psycho-Pathology, p.249. 105 One of the problems that has engaged my at tent ion is th i s : what types of react ion to b a f f l i n g situations do mammalians in general - both human and infra-human - present when confron-ted by b a f f l i n g disadvantages? What l i g h t , i f any, would such information throw upon the maladjustive react ion of nervous pat ients?" Hamilton's method of studving behaviour is 1 described by him as f o l l ows : " I t consists in imprisoning the subject wi thin an enclosure from which there are four apparent-ly possible places of e x i t , but from which escape can be e f f e c t e d during any g iven t r i a l through only one of these p laces . The s i tuat ion i s , f o r the imprisoned subject , somewhat s imi lar t o that which we obtain f o r a convict i f be were to f i nd himself alone in a prison yard which has four gates leading t o the outside world and. freedom, any one of which gates may prove, on examination, to be e i ther locked or unlocked. My method requires three of the four apparently possible places of e x i t to be actual ly impossible of ex i t during any given t r i a l , and requires the one p rope r -p l ace - t o - t r y - f o r - ex i t t o vary from t r i a l to t r i a l in such a manner as to render i t impossible f o r even an adult human subject to avoid a good deal of e f f o r t . The average adult human subject w i l l experience b a f f l e d e f f o r t in his e f f o r t s t o escape from the enclosure in two-thirds of a s u f f i c i e n t l y large number of t r i a l s to overcome the factors of chance-successes. Since the 1. Op. C i t . - p.249. one—right-place-to-try—for ex i t is never the same f o r any two successive t r i a l s , there is opportunity f o r displaying a b i l i t y to reason. Each of the subjects invest igated , with the exception of one chi ld and one gopher, was given ten t r i a l s da i ly f o r ten successive days. General Survey of Result. "One genera l i zat ion which holds good f o r the human as we l l as f o r the animal subjects of these experiments is t h i s : A mammalian's f i r s t or f i r s t few encounters wi th an unfamil iar and b a f f l i n g type of disadvantage usually evokes a react ion which can be i d e n t i f i e d as one of the innately determined react ion-types to which we commonly r e f e r as ins t inc t i v e responses. Failure to overcome or escape th is disadvantage means, of course, b a f f l e d adjust ive e f f o r t , and th is becomes, in i t s e l f , a par t i a l determinant of subsequent responses. The b a f f l e d subjects d isc losed, in addit ion to the i r i n i t i a l ins t inc t i v e a c t i v i t i e s , f i v e d i f f e r e n t general types of react ion to the experimental s i tuat ion . Only one of these react i ve types could be c l a s s i f i e d as a ra t i ona l adaptation to the b a f f l i n g . " The fo l lowing are the f i v e reac t i ve types as 1 c l a s s i f i e d by Hamilton. 1. Persistent Repet i t ion of Non-Adjustive A c t i v i t i e s . This type of react ion consisted in repeated e f f o r t s to escape through an impossible place of e x i t during a given 1. Op C i t . - p.251. 4a l ; or in t ry ing a group of two or three impossible places in a f i x ed order again and again, or in pers i s t en t l y avoiding the untried ( f o r a g iven t r i a l ) possible p lace . This tendency pers i s t en t l y to repeat a non-adjustive response to a b a f f l i n g disadvantage was i so la t ed in the behaviour of indiv iduals of a l l twelve of the mammalian species studied. I t was most f requent ly apparent in the behaviour of the rodents and least f requent ly so in that of the mature human subjects . The f ac to r most conducive to the exhib i t ion of pers is tent r epe t i t i on of non-adjustive a c t i v i t i e s was any concurrent emotional response, whether th is was due to the b a f f l i n g as such or to advent i t ious s t imul i . A subject which seldom or never manifested th i s tendency under ordinary conditions would stupidly return again and again to a blocked e x i t place i f anything occurred to exc i te him. C l in i ca l Manifestation of the Tendency to Pers istent Repet i t ion of Non-adjustive A c t i v i t i e s . The s ign i f i cance of the f ac t that th is tendency is importantly a part of the mammalian react i ve equipment and that i t lends i t s e l f to experimental examination becomes apparent when we take into account the fac t that i t is present to a s t r ik ing degree in the behaviour of perhaps the major i ty of nervous pat ients . I inv i t ed attent ion to this fact in 1910, in e f f o r t to expla in the symptoms of cer ta in neurasthenic syndromes in terms of 'Nundt's tr idimensional theory of the f e e l i n g s , and during the psycho-pathologic survey of 1921 I found that 50.5% of a l l pat ients who presented themselves f o r the diagnosis and treatment of nervous disorders were exhib i t ing th is type of non-adjustive react ion to an apparently pathologic degree. The nervous woman who reacts to her husband's i n f i d e l i t y or his lack of sympathy, or to some other g r i evance - inc i t ing disadvantage, and who repeats the same type of react ion endlessly without e f f e c t i n g terminative adjustments there to , w i l l serve to i l l u s t r a t e the point that I have in mind. We may sa fe l y assume, I b e l i e v e , that such a pat ient is react ing to the troublesome s i tuat ions as to an emergency and that th is involves autonomic inter ference wi th various vegetat ive functions . . . there is reason to be l i eve that a sense of grievance is the psychical component of a low- intens i ty anger react ion which owes i t s undue persistence l a rge l y to the fact that i t is currently subjected to inhib i t ions which prevent i t from completing i t s e l f in terminative overt a c t i v i t y . I t is probable that most, i f not a l l a f f e c t i v e react ions that are evoked by disadvantages which are charac t e r i s t i ca l l y encountered by the human species are components of emergency react ions and that they involve changes of v i s ce ra l innervation which ought, normally, to increase the organism's chance df quickly overcoming or escaping the inc i t ing disadvantages. Persistent f a i lu r e of adjust ive a c t i v i t i e s leads t o persistence of the a f f e c t i v e react ion , and t h i s , in turn, means patholog-i c a l l y pers istent autonomic inter ference wi th vegetat ive funct ions. 2. A compound Reaction which includes Al ternat ing Variat ion of Adjust ive E f f o r t and Pers is tent Repetit ion o f the Non-adjustive E f f o r t . "This a l ternat ion of two separately i d e n t i f i a b l e types of react ion stands out so c l ear l y in the behaviour of the b a f f l e d mammalian that i t deserves c l a s s i f i c a t i o n as a unit of the behaviour ist ic analys is . When a mammalian f inds i t s e l f imprisoned,as under the conditions of my experiments -i t may return again and again to one apparently possible place of ex i t and attack i t p e r s i s t en t l y , then vary i t s adjust ive e f f o r t s by attacking other apparent places of e x i t , then return to the f i r s t place and attack i t repeatedly , again vary i t s a c t i v i t i e s in a h i t and miss way, e t c . , a l ternat ing the two types of react ion in a very s t r ik ing manner. Members of a l l species exhib i ted this type of reac t ion , although there were individual subjects in whose behaviour i t was not apparent. C l in ica l Manifestations of the Tendency t o Alternate Va r i a b i l i t y of Adjust ive E f f o r t wi th Persistent Repet i t ion of a Non-adjustive Reaction. "This tendency is apparent in p rac t i c a l l y a l l nervous patients who exhib i t pers istent non-adjustive a f f e c t -ive react ions to b a f f l i n g disadvantages. An educated, plausible woman who takes pride in her a b i l i t y to attack her personal problems in a systematic manner w i l l o f ten mislead her physician by her account of the p lan fu l , dispassionate quest she is making f o r sa t i s f ac to ry adjustment to her d i f f i c u l t i e s . I t w i l l usually be found that such a patient . i s thus wisely varying her ad just i ve e f f o r t s only part of the t ime, and that there i s an almost rythmical recrudescence of the non-adjustive a f f e c t i v e response that she h e r s e l f , recog-nises but is too vain to acknowledge as a somehow f u t i l e and pathogenic a c t i v i t y of her r eac t i ve equipment. The neurotic woman who is f i rmly resolved to do something less f u t i l e about her husband's incurable lack of ambition than to respond to i t as a gr ievance- inc i t ing disadvantage pe rs i s t en t l y f a l l s away from th is good reso lut ion . The tendency t o do so is eas i l y detected, once the physician recognises i t s i den t i t y as a unit of behaviour ist ic analys is . 3 . The tendency to Stereotype a Systematic Mode of Searching f o r an Escape from a Disadvantage Without Eliminating Obviously Non-adjustive A c t i v i t i e s . " I t would seem that the mammalian, both primate and in fra-pr imate , has a reper to i re of more or less d i s t inc t r eac t i ve tendencies f o r meeting b a f f l i n g s i tuat ions , and that where a s p e c i f i c a l l y adaptive adjustment is not learned, now 1 one, now another of these tendencies comes to expression. The tendency under discussion has no very great c l i n i c a l importance of which I am aware. I t is encountered occasional ly in a f u t i l e , rather stupid type of nervous patient who is found to have stereotyped a habit of invar iably running through the same gamut of non-adjustive react ions on the way to one which s a t i s f i e s him temporari ly . I have in mind a man who keeps himself neurasthenic by endlessly repeating stereotyped cycles of reactions to his w i f e ' s extravagance. Each cycle includes, success ive ly , several days of aggrieved sulking, 1. Op. C i t . , p.285. then several days o f ha l f -hearted scolding and, f i n a l l y , a storm of angry threats which evoke temporari ly s a t i s f y i ng spousal promises of re form." 4. In f ra - ra t i ona l T r i a l and Error Reaction t o B a f f l i n g Disadvantage. The nervous patient usually attacks a b a f f l i n g problem by the in f ra - ra t i ona l t r i a l and e r ror method when he f i r s t encounters i t , and then reacts secondari ly to the b a f f l i n g of e f f o r t which th is involves by f a l l i n g back upon the s t i l l less adequate method of pers i s tent l y repeating a wholly non-adjust ive, e ssen t ia l l y a f f e c t i v e response to the s i tuat ion . A l i t t l e unemotional hard thinking at the outset would o f ten prevent serious nervous react ions t o . d i f f i c u l t personal problems. 5. Reactions Determined by Rational Elaboration of Experience. A r ea l i z i ng sense of the b i o l o g i c value of the capacity f o r rat ional react ions i s , perhaps, the most important therapeutic resource that any psycho-pathologist can possess. When a Disadvantage is of a kind to act over longer periods of t ime, and is too subtle to be adequately met by a f f e c t i v e l y re in forced ins t inc t i v e modes of response, there must be developed a habit of react ing ra t i ona l l y thereto i f the individual i s to escape nervousness. "We must not f o rge t that many disadvantages are encountered in c i v i l i z e d l i f e which cannot be removed without undue s a c r i f i c e of major value of one sort or another. A 1. Op. C i t , , p.258. A patient whose inco r r i g i b l y adulterous husband was d i r e c t l y to blame f o r her quite serious nervous system could not take l e g a l action against him without thereby ruining bis business. To ruin his business was to deprive her children of educational and other advantages which meant more t o her than her own health. Her husband's conduct pe rs i s t en t l y evoked in her jealousy and grievance react ions and consequent, equal ly pers i s t en t , disturbances of cardiovascular and gas t ro - in t es t ina l funct ions. In the circumstances that obtained, no permissible overt behaviour would Withdraw her from the pathogenic s i tua t i on . I t seemed to me that the only thing to do was t o e f f e c t , f o r the pa t i en t , a change in the react ive value of the husband's i n f i d e l i t y * The pat ient was convinced that only the funct ion-ing of the highest of a l l the l i s t of possible human reac t i ve tendencies could e f f e c t th is change. Her recovery did not include freedom from an underlying sense of depr ivat ion, but i t f r e ed her from the somatic consequencies of pe rs i s t en t , non-adjust ive a f f e c t i v e react ions of a pr imi t i ve and wholly inadequate type . " I t does not seem necessary here, t o enter into the de ta i l s of perverted sexual behaviour as discussed by Hamilton. That such perverted behaviour ex i s t s and plays no small part in marital r e la t i ons of certa in types of people is we l l known to students of the subject . I t i s des i red , however, to point out that th is element must be considered, where present, in any serious study of the divorce problem. At present there does not seem to be s u f f i c i e n t recognit ion o f the burden and su f f e r ing which such perverted oonduct may be responsible f o r . I t is hoped that the day w i l l soon come when a Court of Domestic re la t ions w i l l a f f o r d at least a sympathetic hearing f o r those so circumstanced. S imi lar ly such a Court of Domestic Relat ions, properly constituted could render inestim-able serv ice in diagnosing and solv ing problems of the nature suggested by Hamilton. 1 The woman quoted by Malchow, whose sexual f r i g i d i t y was so vexatious to hersel f and to her husband is a fur ther example of the need of more enlightened understanding on the part of many people. Hamilton gives a very lucid example of 2 sexual anesthesiain Case I . He discovered that certa in revo l t ing experiences she had undergone in her ear ly youth and f o r which there had. been no true amnesia, had "conditioned her to react to a l l sexual urges as to forbidden things, which must be denied representation in awareness in the form of consciously held des i res . She had even been conditioned t o inhib i t the r ise of normal sensual f e e l i ngs to which her husband subjected her at her own s o l i c i t a t i o n . " This woman explained her symptoms as f o l l ows : "A hauhting sense of craving something intense ly , without which l i f e is u t t e r l y bleak, but no idea as to what i t is she craves. A pers istent f e e l i n g she has nothing to l i v e f o r . Attacks during which she f e e l s weak and fears that she w i l l die f o r the lack of the w i l l 1. Section 3, p.55-56. 2. Hamilton, G.V., Objective Psycho-Pathology, p.26. t o l i v e . Fear of su ic ide , Sometimes she is a f r a i d to go to s leep. A lonely depressed f e e l i n g which comes over her in waves." This woman, admitted, however, she loved her husband, and was fond of her two chi ldren, but that the sexual act seemed ' rather a nasty and degrading thing to do . ' A f t e r adequate explanation of "the mechanisms of conditioned responsiveness, and "her l one ly , empty, unsa t i s f i ed , depressed moods" ascribed " to her f a i l u r e to obtain what she r e a l l y craved, v i z . , b i o l o g i c a l l y complete responsiveness to the husband whom she loved and whose caresses she sought and rece ived but could not respond to in a normal way - the sexual anesthesia was overcome and the nervous symptoms abated. I t is wel l known, t oo , through such methods as used in Psycho-analysis, how f a r reaching are the e f f e c t s of unwise teaching concerning sexual matters in young people. Further i l l u s t r a t i ons of the Psycho-pathic cases studied by Hamilton, par t i cu lar l y in r e la t i on to b a f f l e d major cravings of a sexual nature are Cases 2, 3, 4, 5, 6, 7, 8, 64, 69, 77, 87, 89, 101, e t a l . A b r i e f re ference w i l l be made t o Rosanof f 's Manual 1 of Psychiatry. "An in teres t ing re la t ionsh ip is a lso to be observed between certa in psychoses and the state of widowhood, divorces 1. Rosanoff - Manual of Psychiatry , 6th ed i t i on , p.17 and separations. Table 4, copied from s t a t i s t i c s furnished by the New York State Commission, shows that the percentages of the widowed, divorced, and separated were highest in the general paralys is and a lcoho l i c groups. TABLE 4 -Psychoses Single Widowed Divorced Separated Males Females Males Females Males Females General Paralys is 26.0 14.8 5.5 21.3 6.7 5.5 Alcohol ic psychoses 39.5 11.9 9.8 23.1 6.6 9.7 Dementia praecox 81.4 58.0 2.0 6.6 2.2 3.3 Manic-depr.psychoses 60.1 41.3 4.5 9.2 2 .1 3 .1 In summing up th is phase o f the divorce problem i t i s scarcely necessary to add that the wr i t e r does not regard a l l Divorce as the product of patholog ica l causes; divorce is rather the resul t of a complication of causes, each divorce problem requir ing to be studied in r e l a t i on to i t s own set of circumstances. Hamilton, e . g . , p la in ly shows that a l l unsat is f i ed major cravings are not sexual . His case No.93 was one of Persistent Non-adjustive f e a r reactions and hyperthyroidism. She suf fe red from f e a r react ions, and "her case seemed c l ear ly t o be one in which a hyperthyroidism had appeared abruptly as a somatic reaction t o f ear s t imul i . One 105 is forced to the conclusion that the sooner more consideration is given t o the phys io log ica l and psychological fac tors underlying both good and bad conduct, or to use less naive language, soc ia l or ant i soc ia l behaviour the be t t e r i t w i l l be f o r soc ie ty as a whole. The widespread nature of nervous or mental diseases is understood from the report issued from the Surgeon General 's O f f i c e " r e l a t i v e to the second examin-at ion of the f i r s t mi l l i on recru i ts draf ted in 1917. Twelve percent of these were r e j ec ted on account of nervous or mental diseases. The number d i squa l i f i ed f o r serv ice f i n a l l y 1 reached a t o t a l of over s ixty-seven thousand." "Although the incidence of mental as compared with other diseases prevalent in the community cannot be establ ished with absolute accuracy, s u f f i c i e n t evidence has been presented to warrant the statement that from the standpoint of the public health we are deal ing with no problem of equal importance today. I t can, I think, be said without any f e a r of contra-d i c t i on that no other disease or group of diseases is of equal 2 importance from a soc ia l or economic point of v i ew . " "The intimate r e l a t i on between mental diseases, alcoholism, ignorance, poverty , p ros t i tu t i on , c r im ina l i t y , mental de f ec t s , e t c . , suggests soc ia l and economic problems of f a r reaching importance, each one merit ing separate and spec ia l consideration. These problems, while perhaps essen t i a l l y soc i o l og i ca l in o r i g in , have at the same time an 1. Taylor , W.S. - Readings in Abnormal Psychology, p.13 2. Ib id . - p.12 1 bearing, invade the realm of psychology depend l a r ge l y , i f not e n t i r e l y , upon psychiatry f o r a 1 so lu t i on . " 1. Op. c i t . , p.14. 105 r UBC Scanned by UBC Library ES2 ETHICS AND THE DIVORCE PROBLEM - Section V -The question has been ra ised by various wr i t e rs regarding the ethics of the present marriage system. When one regards the widespread numbers of people who are not b i o l o g i c -a l l y f i t t e d to continue the race may not something be said in f a vo r of a system which shall not only encourage, but obl igate divorce of such i n e f f i c i e n t members of the race? Under th is aspect of the Divorce problem two main l ines of study w i l l be fo l l owed. These are : 1. The Evolutionary Ethics of Marriage and Divorce. 2. The Evolution of the Ethical Standard. The Evolutionary Ethics of Marriage and Divorce. 1 Discussing this subject in the L iv ing Age, Woods Hutchinson wr i t e s : "My contentions are b r i e f l y : 1. That marriage is e s s en t i a l l y ne i ther a r e l i g i ous nor a c i v i l ins t i tu t i on but a purely b i o l o g i c one. 1. Hutchinson, Woods ^ L i v i n g Age, Vol.247, October 28th, 195-206. 2. That marriage consists in the union of the sexes f o r such a term, and under such condit ions, as w i l l resul t in the production of the maximum number of o f f spr ing capable of surv iv ing, in each part icular species , c l imate, and grade of c i v i l i z a t i o n . 3. That marriage is there fore to be regarded nei ther from the point of view of the male, nor from that of the female, but so l e l y from that of the reace. 4. The duration of marriage is usually determined by the length of time during which the o f f spr ing require the care and protect ion of both parents in order to properly equip them for the struggle of l i f e . 5. Monogamous marriage, last ing f o r l i f e , i s the highest type as yet evolved, and has survived a l l other forms and become that adopted by every dominant race , on account of i t s resu l t ing in the largest number of most e f f i c i e n t o f f sp r ing . "The proof of the f i r s t proposit ion is readi ly furnished. Marriage is obviously not a creature of e i ther Church or State , f o r the very soundest of reasons, that i t ant i-dates them both. Instead of being a creature of e i the r of these ins t i tu t i ons , i t created them both, and is i n f i n i t e l y older and more fundamental than e i t h e r . "Both the decalogue and the common law simply recognise and regulate i t . The only reason why we imagine that i t is e i the r the State or the Church which g ives sanction to marriage, is that our memories are so short and our h is to r i ca l knowledge i s so exceedingly l imited* "The law, general ly speaking, has been comparatively r a t i ona l , and bas been s a t i s f i e d to modify marriage in accordance with changing needs of the race . "Hot, however, with the Church. When she f i r s t appropriated i t , marriage was a pe r f e c t l y r a t i ona l and even a t t r a c t i v e . i n s t i t u t i o n . She has done her best ever since t o render i t i r r a t i ona l and in to l e rab l e . While she deserves great cred i t f o r her stead-fas t insistence upon the " sanc t i t y " of the marriage vow under a l l circumstances, her supreme contempt f o r reason has led her t o i ns i s t upon the i r r e v o cab i l i t y of the bond to a degree which has been most disastrous, both to mortals and to happiness. Her contention that marriage should usually be f o r l i f e i s en t i r e l y ra t i ona l , in accordance with the teachings of b i o l o gy , and has exerc ised an admirable in f luence , but her insistence that the t i e was p ra c t i c a l l y i rrevocable and that divorced persons could never re-marry was simply absurd, and i t s e f f e c t s have been even worse than i t s l o g i c . "Not only i s the bare f ac t of marriage or sexual union present in a l l &hd every spec ies , but in a l l the higher and many even of intermediate forms a d e f i n i t e term is f i x e d f o r the union, with r i gh ts possessed by both par t ies under i t and penal t ies f o r i t s v i o l a t i o n . Moreover, every form of conjugal union which the ingenuity of man bas been able to devise can be found t o e x i s t in f u l l pe r f e c t i on among the lower animals. From promiscuity, through union simply f o r the mating season, to polygamy, polyandry, and f i n a l l y monogamy and monandry, every possible phase and form of the ins t i tu t i on can be studied outside the human species as I have shown in 1 a previous paper. The same resu l ts appear to have been reached by experience there as in our own spec ies , namely, that in proportion as the species r ise in the scale of aggressiveness and in te l l i g ence promiscuity, or mere mating-season unions, tends to disappear and a l as t ing type of polygamy or , as in an overwhelming major i t y , a f a i r l y we l l s e t t l ed form of monogamy, in many cases even last ing f o r l i f e is reached. " In my judgement a grave oversight has usually been committed by even pure anthropologists and soc i o l o g i s t s , when discussing th is question, in ignoring the generations of pre-human experience and experiment upon th is very po int , the resul ts of which are possessed by even the lowest savage. I t seems t o have been taken f o r granted with astonishing naivete that pr imi t ive man began with a p e r f e c t l y clean s la te and unbiased mind. The only adequate and ra t iona l way to approach the or ig ins of marriage in the human species i s to consider man, to begin wi th, as on the l e v e l of the highest type of mammals - his close cousins - and as s tar t ing from that po int . When this is once done, and pr imi t i ve man is compared with the anthropoid apes, even the monkeys,, i t becomes apparent at once that instead of s ta r t ing from promis-cu i ty , he began with a rather high type of monogamy, as possibly a modi f ied form of polygamy, such as is even now to be studied in the g o r i l l a , the chimpanzee and the orang-outang. To s tar t with the supposition that he began f a r below the l e v e l of these his cousins i s as absurd as i t is baseless. So I think we should be p e r f e c t l y safe in saying that pr imit ive man, although with cer ta in promiscuous p r o c l i v i t i e s in his blood, would be by age-long t ra in ing , decidedly disposed towards monogamy of a rather high t ype . " To what at t i tude then towards marriage, the marriage of c i v i l i z a t i o n monogamy, does our study of i t s o r i g in and growth bring us? One of profoundest respect and confidence. I t s sanctions are just as binding upon evolut ionary grounds as upon e c c l e s i a s t i c a l or l e g a l . I t s universal sway today over the minds and hearts of men rests not upon the f i a t of any petty pr ince, or pope; but upon i t s own inherent super ior i ty over any fonm of mating, as s ternly proved by the experience of mi l l i ons of past generations, human and pre-human. The r ight of one man to choose one woman to love and protect a l l his l i f e long, of the woman to choose her knight and worshipper, and of each to expert of the other unswerving f a i th fu lness and comradeship unt i l death do them part , is founded upon the l i f e of the ages. "Nor is th is evo lut ionary sanction in any sense a low or s e l f i s h one. Far from i t . I t i s ennobling and a l t r u i s t i c in the highest degree, f o r i t looks to the bene f i t not of the ind iv idual , but of the race, not of the l i f e that now i s , but of that which is to come. Marriage is nei ther f o r the pleasure of the man nor f o r the protect ion of the woman, but f o r the wel fare of the ch i ldren , and nei ther of the par t i es thereto has any indiv idual r ights which are e n t i t l e d to ha l f the consideration of those of the chi ldren. "No ins t i tu t i on , of course, can promote the good of the race and ser iously antagonize that of the indiv iduals com-posing i t , and marriage adds enormously to the e f f e c t i v enes s , the d ign i ty and the pleasure of l i f e both f o r husband and w i f e . Yet t o contract a marriage upon any of these grounds without g i v ing chie f regard t o the mental and physical v i g o r , the sanity and the e f f i c i e n c y of the probable o f f spr ing thereof is f a r more profoundly immoral upon b i o l o g i c a l grounds than upon r e l i g i ous or e c c l e s i a s t i c a l . "Moral i ty from an evolut ionary point of view is simply that course of conduct which experience has shown to promote the interests of the race - is race loya l ty in f a c t . "On the other hand, we should, on b i o l o g i c grounds, gravely reprobate any attempt to d isso lve a union, in r ac i a l respects suitable and f i t , upon merely personal grounds, such as imaginary loss of a f f e c t i o n f o r one's partner, or incompat-i b i l i t y of temper. Husband and w i f e unite not to enjoy themselves, but to rear and t r a i n happy worthy o f f sp r ing . Any f l inch ing from this purpose and aim is b i o l o g i c a l l y immoral. To attempt to secure a divorce because one's p l ighted mate has become d i s t a s t e fu l or uncongenial, even upon the best of aesthet ic grounds - s t i l l more, because one imagines that one has f a l l e n in love with some other man or woman is the basest and most contemptible of treasons, not only to the injured partner, but to the organic law of the universe. "So f a r evolut ionary ethics stand shoulder to shoulder with the law and the church, indeed push beyond them; but here they part company abruptly. While holding that union should usually be f o r l i f e , or at least un t i l children have been reared and t ra ined, sent out into the world, and that they should not be dissolved save upon some grave and weighty r a c i a l grounds, they have no sympathy whatever with that s p i r i t o f churchy fanat ic ism which declares divorce to be always and everywhere an e v i l , and forbids the remarriage of divorced persons. On the contrary, they hold that d ivorce is as yet not common and easy enough, and that a f t e r cer ta in , by no means infrequent , conditions have developed, divorce becomes not merely to l e rab le but imperat ive, and the fur ther continuance of the marriage r e l a t i on immoral. These conditions are simply the d iscovery , or development, in e i the r husband or w i f e of any grave phys ica l , mental, or moral d e f e c t , which, ought not t o be perpetuated in the coming generation. The ex is tence , e . g . , of ep i l epsy , insani ty , moral pervers ion, incurable viciousness of temper, habitual drunkenness, criminal conduct of any so r t , or habitual laz iness and sh i f t l e ssness , ought to render divorce not merely obtainable,but ob l i ga to ry . Rome day the conscience of the community w i l l be educated up this standard, but at present i t i s contented w i th the crude o ld barbaric standard of the church that adultery is adequate ground f o r the d isso lut ion of the ma&Riage t i e . "Not merely b i o l o gy , but a l l modern and ra t i ona l ethics have, of course, absolute ly no sympathy with the cowardly moral i ty which bids such a w i f e turn and kiss the hand that s t r ikes her, in the hope of u l t imate ly "saving" the contemptible " s ou l . " Indeed, they denounce i t as immoral in the last degree, and hold that no woman has the r ight to remain in any marital r e l a t i on which smothers her s e l f - r e s p e c t . Far from urging such a one to pract ice the s lave-v i r tues of forbearance, l ong-su f f e r ing and other such dogl ike q u a l i t i e s , we unhesitat ingly declare that any woman who w i l l i n g l y and knowingly bears a chi ld t o a drunken or criminal husband is herse l f committing a crime against the race. And from th i s the race should save her. As Bernard Shaw suggests, an endowment of motherhood, is the duty of the community. " I t i s cer ta in ly a sardonic commentary on the consistency of s o c i e t y , that abundant funds and organizations are at hand f o r taking care of the bastard and the orphan, but p rac t i c a l l y none f o r the support of the l eg i t imate chi ldren o f noble mothers who ought to be protected from vic ious and nnnatural f a the rs . "Towards the t e r r i f i e d shrieks in e c c l e s i a s t i c a l and other c i r c l e s against the r i s ing t ide of d ivorce , which is going to sweep society out of existence and destroy the home, the a t t i tude of b i o l o g i c a l e th ics is one of cheer fu l scepticism. In the f i r s t p lace , f u l l y one-half of the divorces which are now obtained are the evening up of old scores of ten, f i f t e e n , or twenty years past of e c c l e s i a s t i c a l tyranny and l ega l outrage. In the second p lace , over seventy percent of a l l divorces granted to the wi fe on grounds of cruel and inhuman treatment, and as such are not only absolutely j u s t i f i a b l e , but urgently demanded - broadly speaking, two-thirds of a l l divorces are granted on grounds which are abundantly v a l i d from a b i o l o g i c a l and rac ia l point of v iew. The increased frequency of divorces so f a r has been an almost unqual i f ied b e n e f i t , instead of e v i l . "To imagine that ease of divorce w i l l cause a general loosening of the marriage t i e i s pure supers t i t ion , baseless t o , the verge of absurdity. To say that the l ega l or ceremonial t i e is what holds couples together i s about as l o g i c a l as to declare the varnish which covers the weld to be the force that holds the welded iron together . " I f by a s ingle stroke a l l marriage t i e s were struck o f f or declared i l l e g a l e ight- tenths of a l l couples would be remarried wi th in f o r t y - e i g h t hours, and seven-tenths could not be kept asunder wi th bayonets. Righty percent of a l l marriages are a success from a b i o l o g i c a l point of v i ew . " Whilst agreeing wi th the major pr inc ip les expressed in the above a r t i c l e by Woods Hutchinson there are cer ta in statements which, in the mind of the w r i t e r , c a l l f o r comment. He is inc l ined t o think that marriage "consists in the union of the sexes f o r such a term, and under such conditions as w i l l result in the production of the maximum number of ch i ld ren , " e t c . Would Mr. Hutchinson say that couples who have been what is o rd inar i l y termed "married," and have l i v ed harmoniously in that re la t ionsh ip , yet without children are f o r that reason not married? Furthermore, without disparaging the great importance of chi ldren may i t not be true that the development of the two adults concerned in any marriage r e l a t i on is of greater importance that Hutchinson would have us b e l i e v e . According to him, i t is the race, and the race only that i s concerned in marriage. "Marriage is to be regarded neither from the point of view of the male, nor from that of the female . " out one cannot separate the race from the sum t o t a l of the couples sexually united. What concerns the one equal ly concerns the other. I t would seem that the male and female are en t i t l e d t o some considerat ion by the race i t s e l f i f t h e i r development and we l fare are t o reach a high peak. Furthermore, when the statement is made that the duration of marriage i s usually determined by the length of time during which the o f f spr ing require the care and protect ion of both parents, e t c . , i t i s d i f f i c u l t t o reconci le i t with his f o l l ow ing statement that "Monogamous marriage, las t ing fo r l i f e (not merely f o r the chi ld-bear ing and chi ld ra i s ing per iods ) is the highest type as yet e vo l ved . " Marriage surely doss not terminate when the o f f spr ing have come to the period of self-dependence! Hutchinson claims that when the church " f i r s t appropriated i t , marriage was a pe r f e c t l y r a t i ona l and even a t t rac t i v e i n s t i tu t i on . She has done her best ever since t o render i t i r ra t iona l and i n t o l e r -ab le . These statements are so general that they obscure rather than elucidate the point he has in mind. He i s equal ly 1 obscure when he remarks of man that he began with a rather 1. Op. C i t . , p.52. high type of monogamy, or possibly a modif ied form of polygamy." He o f f e r s no evidence whatever to prove his contention. Again, when he claims that " to imagine that ease of divorce w i l l cause a general loosening of the marriage t i e is pure supers t i t i on , baseless to the verge of absurdi ty , " he overstates his case and ignores h i s t o ry . 2. The Evolution of the Ethica l Standard. The Divorce problem has become inex t r i cab ly involved in questions of e th i ca l nature. So f requent ly i t is made a moral issue. Is Divorce r i gh t or wrong? Evolutionary Ethics would state the f i n a l decis ion l i e s along the l ines of r a c i a l f i t n e s s ; i f the marriage leads to the good of the race i t is e t h i c a l ; i f not , i t is unethica l . The question ly ing behind this d i s t i n c t i on is concerned with the nature of "good" or "bad" per se. In other words how sha l l we f i n a l l y determine what the good o f the race i s . By what standard? So f requent ly the standard of the church or law or nation i s adduced t o represent f i n a l i t y in e th i ca l conduct that a b r i e f re ference to the evolution of the e th i ca l standard seems j u s t i f i a b l e here. 1 L.T. Hobhouse t e l l s us that "we have to consider the evolut ion of the e th ica l idea, as i t were, in i t s depth and in i t s breadth; that i s to say, in the degree of clearness and in tens i ty w i th which i t s d i s t i n c t l y e th i ca l character is r ea l i z ed , and in the extent to which i t suceeds in d i r ec t ing conduct and organizing l i f e . In th is evolut ion we have found 1. Hobhouse, L.T. - Morals in Evolut ion, Vo l .2 , p.269. 105 several phases. Now the general features of the e t h i c a l ' 4 idea according t o our analysis are that every man as a responsible agent stands under certa in ob l i ga t ions , whether to h imsel f , to others, or to soc i e t y as a whole, de f ined by the requirements of the common good; or , in other words, that men are deemed good or bad in accordance as they do or do not recognize certa in r i gh ts and duties important t o the we l fare of soc ie ty as a whole. Obligat ion is the general expression f o r the r e l a t i ons in which men accordingly stand, and i t is ( a ) the way in which obl igat ion is conceived - and (b ) in the conduct which i t covers, that e th i ca l evo lut ion i s p r inc ipa l l y seen." "The problem f o r modern thought is immeasurably more complex than that of the ancient world. I t is to be solved.by trac ing moral ideas t o the conditions of rac ia l l i f e from which they spring, and maintaining as v a l i d those which correspond to the permanent conditions of human progress. "To summarize the whole evolut ion in the fewest possible words, i t would appear that at the outset customary rules have not acquired the d i s t i n c t i v e character of moral laws. Next, moral obl igat ions are recognized, but are not yet founded on any general e th i ca l p r inc i p l e . Up t o th is point the moral i ty of pr imi t i ve soc ia l t r a d i t i o n p e r s i s t s , wherein " love and ha te , " the soc ia l and an t i - s o c i a l impulses are blended. In a th i rd stage, moral pr inc ip les and ideals of character and conduct are formed. The an t i - s o c i a l elements of morality are suppressed. On the other hand, ne i ther the or ig in nor the funct ion of mora l i ty is as yet understood. I t . remains f o r phi losophica l c r i t i c i s m , beginning in c l a s s i c a l ant iquity and rev ived in the modern world, t o trace e th i ca l conceptions to t h e i r sources in human nature, and remodel them in accordance with the pr inc ip l e that every rule of conduct must be based upon the demonstrable need of human l i f e . We may describe the whole process as one in which, by successive 1 steps, the f u l l meaning o f the e t h i c a l pr inc ip le becomes c l e a r . "At the beginning is custom with i t s blend of the e th i c a l and ^ unethical accepted without c r i t i c i s m and guiding l i f e without system or general plan. At the end is the ra t iona l order of conduct founded on the conditions of human development, and directed to the furtherance of that development as i t s supreme end. I f f i n a l l y we put together the resul ts of the i n t e l l e c t -ual movement which revea l the conditions of development and of the e t h i c a l which makes i t s furtherance the purpose of l i f e , we recognize that the evo lut ion of mind in man from being a b l ind , unconscious, f i t f u l process has become a purposive, s e l f - d i r e c t e d movement. This is the fundamental 2 change e f f e c t e d in the course of human h i s t o r y . " Any discussion of the r i gh t and wrong, the good or the e v i l of Divorce as a moral act must take into f u l l consid-erat ion the r e l a t i v e nature of a l l moral codes. Time and place both play a part in the determination of e th i ca l pr inc ip les 'Sw'S'*-1. Op . c i t . , p.275. 2. Ib id . p.278. 1 9' Darcy, in h i s , "Short Study o f E th i c s , " expresses th is pr inc ip le as f o l l ows : "Whether we consider the great things of l i f e or the small, every s i tuat ion which a f f o rds an opportunity f o r conduct, that i s , f o r a voluntary ac t , has i t s bes t , which. is , under the circumstances, the good. This good is f o r the man, at the time, his proximate good. Now th is proximate i s a stage in the r e a l i z a t i o n of the ultimate end. The e th i ca l pr inc ip l e is there fore no r i g i d standard. I t i s a standard that moves with every movement of the human s p i r i t , that adapts i t s e l f to a l l groups of circumstances, no matter how various which can condition human a c t i v i t y . So f a r i t is r e l a t i v e . Yet in so f a r as the pr inc ip le p r e va i l s , i t tends to bring about a state of things '*hich approximates ever more and more to the circumstances which correspond to the Ultimate Good. So f a r i t is absolute, or ra ther , in i t s f u l l e s t truth i t is absolute. I t is thus a p r inc ip l e f o r the moment, and a progressive pr inc ip l e at the same t ime. I t is progressive in the true sense of the term, because i t i s not only appl icable to every movement in the human s p i r i t , but tends to an end." In conclusion, then, o f this b r i e f discussion of the ethica l side of the Divorce problem, one can f a i r l y argue that judgment of the divorce s i tuat ion must not be warped by pre-conceived not ions, or the d ic ta of past or present author i ty , but must be based upon the f u l l e s t knowledge possible of a l l i t s f a c t o r s , and with the d e f i n i t e understanding that owing 1. Darcy - Short Study of Ethics , p .3 . to the recognized r e l a t i v i t y of moral standards no absolute one can be set up regarding what i s r i gh t or wrong, f o r a l l s i tuat ions . The Divorce problem must be decided, as f a r as poss ib le , by the sum t o t a l of circumstances as they arise from time to t ime. UBC Scanned by UBC Library 105 DIVORCE AND ECCLESIASTICISM - Section VI -In th is sect ion re ference w i l l be made to the divorce problem from the point of view of the Church in general . That the Church plays a most important ro l e in th is great question is beyond a shadow of doubt. Whether that ro l e is rat ional and based on sound soc i o l og i ca l pr inc ip les is a matter of opinion, but i t i s cer ta in that as conditions which create divorce develop the Church's at t i tude w i l l be of no small soc ia l importance. I t i s impossible in a Thesis of th is nature to make more than a b r i e f re ference t o th i s angle of the problem. T.A. Lacey, in an a r t i c l e e n t i t l e d , "The Christ ian 1 Tradit ion of Divorces , " s ta tes , "that i t i s impossible t o incorporate the teaching and pract ice of the Church concerning marriage into the laws of the kingdom of England, f o r the s u f f i c i e n t reason that these laws touch a l l Englishmen a l i k e , whereas, the rules of the Church are f o r Christians only, and not a l l Englishmen are Christ ians. I t i s , however, both possible and r ight to give advice concerning the law, based on 1. lacey , T.A. - The 19th Century and A f t e r , Vol .89, p.849-52, May, 1921. knowledge and experience which are derived from the teaching .nd pract ice of the Church. This teaching and pract ice throw l i gh t on two matters: A. A matter of f a c t , and B. questions of mora l i ty . A. The Church has s tead i l y borne witness t o the f a c t that marriage, r a t i f i e d and consummated, sets up a permanent and indestruct ib le re lat ion between husband and w i f e , described by the saying that they become 'one f l e s h . ' This indicates what is known as a 'blood r e l a t i o n , ' analogous t o that between brothers and s i s t e r s , and equal ly indefeasable . I t is a natural r e l a t i on ; f o r nothing e lse can be meant by the s t a t e -ment of the Gospel that i t was so ordered 'from the beg inn ing , ' or the equivalent statement that marriage was ' i n s t i t u t ed of God in the time of man's innocency. ' I t fo l lows that the r e l a t i on of husband and w i f e is ind isso luble . St . Augustine was inc l ined to think that th i s qua l i ty is attached only to the marriage of Christ ians, being due to the sacramental v i r tue which marriage acquires in them, but he has had few fo l lowers in th is pecul iar opinion, and the general sense of the Church has been against him. B. The moral teaching of the Church about marriage includes two ru les : I . Husband and w i f e are required t o l i v e together in family l i f e un t i l they are parted by death. I I . Monogamy is s t r i c t l y en jo ined, so that marriage with one person is a bar to marriage with another. Both rules are peremptory; but, l i k e a l l rules of mora l i ty , they are subject to modi f i ca t ion . No man is bound to do, what is impossible, and a rule which in any given case i t is morally impossible to observe ceases in that case to be ob l i ga tory . I . The ob l i ga t i on of mutual consort is taught by our lord in the Gospel without r ese rva t i on ; but one exception i s recognised in the text of St . Matthew, probably by way of a g l oss , in the case of fornicat ion committed by a w i f e (Matthew, 19, 3 -9 ) the rule is re laxed. The Church has recognised other exceptions a l so , and notably in the case of c rue l t y . In these cases the Church has sanctioned d i vo rce , the separation of husband and w i f e . "The pr inc ip le ev ident ly i s that , when i t is shown to be morally impossible f o r husband and wi fe to l i v e toge ther , they may have permission to l i v e apart . No arb i t rary l im i t can be set to the causes which make the common l i f e impossible. The determination of reasons f o r d ivorce depends on conclusions of moral expediency or of public po l i c y , and the determination has var ied the pract ice o f the Church." "This r e laxa t i on of the ru le does not imply that the marriage is d isso lved; in other words, that the r e l a t i on of husband and w i f e has ceased. This is c l e a r l y taught by our Lord in the Gospel when He says that "a man who marries a divorced wi f e commits adu l te ry " (Mat t .19 .9 ) , thus recognis ing her s t i l l as a w i f e ; and to this teaching the Church has been almost uniformly f a i t h f u l . 105 I I . The rule of monogamy a lso has been re laxed in certa in cases. 1. St . Paul re luctant ly allowed a woman whose husband was dead t o contract a new marriage ( I Cor. 7 :39-40) . This permission has been general ly accorded by the Church to both part ies a l i k e , except in the case of the c le rgy . Persons so married are known as end a disapprobation l ike that of St . Paul 's is sometimes expressed by, a mod i f i c -at ion of the marriage ceremony. 2. As a consequence of St . Paul 's obscure ru l ing about a Christian husband or wi fe whose unbelieving partner has ins is ted on divorce ( I Cor. 7 :15 ) , a large part of the Church bas allowed the Christ ian party in such cases t o contract a new marriage. This i s known as Pr iv i leg ium Paulinum. 3. Origen In (Matt. torn. 14, 25) mentions the fac t that some rulers o f the Church in b is day allowed a woman, presumably a f t e r d ivorce , t o marry a second time while her husband s t i l l l i v e d . This was contrary to St . Paul 's teaching, he says, but i t was done not a l together without reason, f o r the avoidance of worse e v i l s . 4. From some date l a t e r than the Council in Tru l l o (A.D. 692) the Eastern Churches have general ly taken up and fo l lowed the precedent mentioned by Origen. The pract ice va r i es . In Russia and Roumania permission to marry has been very f r e e l y accorded to divorced persons; among the Greeks more r a r e l y ; in Serbia, seldom and r e luc tan t l y . 105 Theodore of Canterbury (Poen i t i a l e X I ) allowed a tcond marriage in certain cases of divorce or desert ion, and 'in the case of a w i f e carr ied away capt ive ; but i f a captured wi fe returned, she was t o be taken back, and the second w i f e was t o be dismissed. Some Prankish Councils of the e ighth century gave an even la rge r l i b e r t y . 6. Gregory the Second (Ep .X I I I ) wr i t ing to St . Boniface allowed a second marriage t o a man whose wi fe was prevented .by i n f i rm i t y from rendering the debitum, i f he were found to be incapable of continence. 7. A f t e r the ninth century the whole Western Church uniformly withheld a l l such permission o f marriage a f t e r d ivorce. The only exception allowed was in the case of a marriage r a t i f i e d but not consummated, when one of the par t ies had obtained permission t o enter a r e l i g i ous order. The other party was then allowed t o contract a new marriage. 8. In the s ixteenth century, the Lutherans re f e r red the whole law of marriage t o the c i v i l author i ty , and accepted the f u l l measure of divorce and consequent remarriage allowed by the Roman Jus C i v i l e , newly rece ived in Germany. The Reformed taught that divorce should be allowed only on account of some heinous crime, adul tery or malicious desert ion, objected t o the enforced ce l ibacy r esu l t ing from canonical d ivorce , and f u l l y allowed marriage to the in jured party . The conclusion appears to be : 1. That d ivorce may be allowed when the continuance of marital intercourse i s morally impossible; 2. That d ivorce does not destroy the r e l a t i o n of husband and w i f e ; 3. That f o r the avoidance of worse e v i l s divorced persons can rece ive spec ia l permission to contract a second marriage, but that such permission ought t o be given cautiously and r e luc tan t l y , being in the nature of a d ispensat ion. " We shal l now consider the problem of d ivorce in r e la t i on to the Roman Dogma of N u l l i t y , as out l ined by R.H. 1 Charles. The fo l lowing excerpts const i tute a summary of his work. "^efore I enter on the changed aspects of the controversy in ques t i on , . I may state simply two of the main conclusions to which I was led in that former study. (Teaching of the New Testament on Divorce ) . The f i r s t was that marriage is dissoluble when there is an absolute breach of i t s essent ia l conditions - that i s , when the husband is d i s l o ya l to his wi fe or the w i f e to her husband, the marriage is ipso fac to thereby d isso lved ; and the State in issuing the decree of d ivorce is not putt ing asunder those whom Lrod hath joined together , but i s recognising the already ex i s t i ng f a c t , that , by the d i s l o ya l t y of e i t h e r or both, the persons in question have already put themselves asunder. The second conclusion was that the g u i l t l e s s has the r ight to contract a f resh marriage with the benedict ion of the Church. As I have already stated, i t was the recent Roman declarat ion of n u l l i t y on inadequate grounds - grounds on which our English Courts of Justice would ce r ta in ly refuse a 1. Charles, R.H. - Divorce and N u l l i t y - 1929. divorce - that led me t o study afresh the teaching of our Lord on th is subject . " In the fo l l owing pages i t w i l l be my task to prove that the c on f l i c t i ng views of the Reformed and Eastern Churches and of the Church of Rome on marriage are to be traced respec t i ve ly to the narrat ives in Matt. 19:3-9 and Mark 10:2-12, which record our Lord's controversy with the Pharisees on th is subject , and that thus this present c o n f l i c t i s not of recent or ig in but reaches back t o the middle of the f i r s t century of the Christ ian era. The reformed Churches, f o l l ow ing Matthew f o r the most part , allows of divorce in the case of unchastity and also the remarriage of the g u i l t l e s s , whereas the Roman Church, der iv ing i t s views u l t imate ly from Mark forb ids divorce a l toge ther . "The Divorce problem was a burning question about the time of Christ . Two great Jewish schools were div ided on the subject . Both the school of H i l l e l and shammai held that Divorce was absolutely l eg i t imate , and the r ight to remarry. Rut these two schools d i f f e r e d widely as to the grounds on which a man might r i g h t l y d ivorce his w i f e . The school of Shammai maintained that divorce was only l eg i t imate when the wi fe was gu i l t y of some form of unchastity; the school of H i l l e l that a man might l eg i t imate ly divorce his w i f e f o r any cause. "We have fur ther found that the narrat ive in Mark stands alone and i s unh is tor i ca l , being Obviously rewr i t ten t o prove a dogma, which the true h istory of the fac ts could ;not in any respect j u s t i f y . Seeing, the r e f o r e , that the idea that marriage was ind isso lub le , however, grave might be the unfaithfulness of e i ther spouse, was derived from the narrat ive in Mark, and that Mark i s untrustworthy and unhis tor ica l in this respect , i t fo l lows that there i s no evidence in the Gospels of any kind t o prove that marriage i s ind isso lub le , when there i s an essent ia l breach of the marriage vows. "The Roman dogma of n u l l i t y is derived from the combination of this f a l s e dogma of the i n d i s s o l u b i l i t y of marriage with a ser ies of f an tas t i c impediments devised by the 1 Medieval Church t o a v a l i d marriage. "But th i s i s not a l l . When th i s f i c t i o n was l inked up with the numerous f an tas t i c impediments which the Medieval Church devised to a va l i d marriage, i t gave b i r t h to the extraordinary dogma of n u l l i t y which i s the pecul iar property of the Roman Church, and which in the hands of the Roman Curia has been the source of in to l e rab le moral scandals during the past s i x hundred years as we l l as of a large revenue. There i s undoubtedly a reasonable and indisputable doctrine of n u l l i t y , such as our Supreme Uourts of Justice recognise, but i t has nothing in common with the lawless and immoral dogma of Rome." The Reformed Churches do not regard marriage as a Sacrament ins t i tu ted by Chr is t , but as a pr imi t i ve ordinance of God Himself , whereby the most sacred human r e l a t i on i s 1. Op. U i t . , p.34 105 , „ , , ' created that can e x i s t on earth. "Accordingly they consecrate and crown i t with the benediction of the Church - that i s , the body of a l l f a i t h f u l people - and regard a merely c i v i l marriage, as v a l i d indeed, but lacking in the bless ing of the Christ ian community - that b less ing that attends on an ac t , t ru ly r e l i g i ous in i t s e l f , and invoking the witness of both God and men to vows given and rece i ved . "When two persons are united together in marriage they cannot break th is bond because one of them of fends or has become d i s t a s t e fu l to the other. They are bound together by the most sacred vows and under the most solemn sanctions. In God's presence they made them, by His help they can, and there fore they ought to f u l f i l them. Marriage is not a mere product o f , a passing fancy or of a t ransient passion, which must sooner or l a t e r lose i t s f o r c e , and which at the outset o f t en lends an idea l character t o very ordinary men and women. When th i s temporary a t t rac t i on passes away, then i t is the task of the w i f e or husband to love and to t rus t the other, and t o r i s e t o greater heights of character , in order to draw the other higher too . Marriage creates the most sacred human re la t ion on ea r th . " When one compares language of th i s so r t , however idea l I t i s , with what was stated under the sect ion Evolut ion-ary Ethics , or contrasts i t with many of the fac ts of actual l i f e , one wonders i f Dr. Charles has f o rgo t t en the ut ter inab-i l i t y o f cer ta in types of men and women, through mental defec t iveness , abnormal phys io log ica l condit ions and a t r a in of other causes, t o respond in such a way. Dr. Charles adds: "Men and women can learn in th is r e l a t i on to become forbear ing , jus t , l ov ing , g rea t , and t o a t ta in to heights of unself ishness which are normally beyond the range of ce l iba te l i f e . I t is God that ins t i tu ted th i s way f o r br ing ing out what is noblest and d iv inest in man, and we cannot f o r a moment question God's wisdom there in . D i f f i c u l t i e s to the true man and the true woman become f a i t h ' s opportuni t ies , when met in the r i gh t s p i r i t . God has ordained from the beginning that the twain should be one f l e s h - a union that can be severed only by unchastity, or by something that makes the i r union impossible. So do a l l the Churches ordain, save that of Rome, and a l l Christ ian States save two or three that are in the t h r a l l s of Rome in matters e c c l e s i a s t i c a l . They recognise that,*where th is solemn bond has been i r r e t r i e v ab l y broken or m°de impossible, then divorce complete and absolute must f o l l o w . Should chi ldren have been born p r i o r to the d ivorce , they are of course leg i t imate by the law both of God and man. MARRIAGE ACCORDING TO THE ROMAN CHURCH: ITS PECULIAR DOGMA OF NULLITY. Dr. Charles points out the d i s t inc t i on between divorce and a decree of n u l l i t y . Divorce according t o the teaching of the Reformed and Eastern Churches, as we l l as of the New Testament, and of course of the Old Testament, annuls a true marriage, whereas a decree of n u l l i t y declares that there was no marriage at &11. Now a l l the Churches do agree 105 that some marriages are nul l and void from the outset - as, f o r instance, when one of the pa i r has already a spouse, and that spouse s t i l l l i v i n g , or when one of the pa i r i s impotent, or insane, or has been f o r c i b l y coerced, or when one i s a l l i e d t o the other by degrees of re la t ionship forbidden by a l l the Churches. But i t i s not with such fundamental impediments that make true marriage impossible that we are concerned, but . with the various t r i v i a l i t i e s which Rome has transformed into impediments, and which, i t maintains, render marriage nul l and vo id , unless a dispensation from Rome has been previously 1 secured. "Rome on the one hand, declares that marriage is ind isso lub le , and on the other, i t has devised a ser ies of a r t i f i c i a l , f a n c i f u l , and o f t en grotesque impediments to a va l i d marr iage." "What i t has considered as radica l impedim-ents in one country, are not impediments in another, and what i t has decreed as such impediments in one century, is brushed aside as t r i v i a l i t i e s in another ( f o r examples see p.72 f f . of Charles' Book, Divorce and N u l l i t y ) . Let us adduce from present and past h i s t o ry a few actual examples of the Roman methods of deal ing with marriage, when i t declares i t nul l and vo i d . I . One ground f o r dec lar ing n u l l i t y i s , consanguinity or blood r e la t i onsh ip , even of remote character. In the year 1914. the marriage of two Roman Catholic French Canadians in Quebec, who had been married f o r ten years was declared nul l and vo id , and they were accorded the l i b e r t y to contract f r esh 1. Op. C i t . , p.71. marriage for thwith. "The Pr ivy Council in 1921, reversed the decree of n u l l i t y , and declared the above marriage to be v a l i d . (The ground f o r the dec larat ion of n u l l i t y was that they were th i rd 1 cousins. These two Canadians had no knowledge of the f a c t that they were th i rd cousins when they were married. Notwith-standing, owing to the operation of a now obsolete Roman canon, f o r Roman canons change from time to t ime, and from country to country, the i r marriage was declared nul l and void on the ground of th is remote r e l a t i o n s h i p . " ) . I I . Nu l l i t y owing to sp i r i tua l A f f i n i t i e s . but i t is not only b lood-re la t ionsh ips , even of a remote character, but sp i r i tua l a f f i n i t i e s such as are c ons t i t -uted by two persons being godparents to the same ch i ld , that can render marriage null and vo id . Thus in the fourteenth century Pope John XXII (1316-1354) p r a c t i c a l l y in the same breath annulled a royal marriage because the parents had been godparents to the same ch i ld , and granted the roya l t reasurer a formal dispensation t o marry a lady who had twice been godparent with him to d i f f e r e n t chi ldren. The Vatican makes and unmakes at i t s own caprice what i t ca l l s the laws of God." I I I . Owing to a married Jew or Jewess becoming a Christ ian, the Jewish marriage becomes inva l i d . Another g lar ing breach of the Divine law of marriage i s t o be found in the dec larat ion of Rome that , i f the wi fe of a Jew becomes a Chr ist ian, the Jewish marriage is thenceforth completely d isso lved . 1. Op. C i t . , p.78. ' ' ' 107 IV. Rome is ready to declare a marriage nul l and void on the grounds of coercion ( f o r de ta i l s see Charles, p.81 f f ) . The above is wr i t t en , not in any s p i r i t of c r i t i c i sm , or to uphold theo log ica l contentions, but merely f o r the l i gh t i t throws bn this angle of the Divorce problem. 1 Writ ing in Harper's magazine under the caption, "Whom Sod hath Joined," Dorothy Dunbar Bromley quotes Dr. Parkes Cadman thus, "Christ has spoken. Divorce i s nothing but a sign of carnal lus t , I t invar iab ly leads to greater unhappiness and misery. Women get divorces in a vain e f f o r t to escape the i r God-given-duty, the bearing and rear ing of ch i ldren . " Miss bromley then quotes another churchman, %Where there is a divorce always look f o r a th i rd person." The f i n a l and cl inching argument against divorce i s ' that the we l fare of soc i e ty demands the s a c r i f i c e of the ind i v idua l ' - t o quote Bishop Fiske, while Rev. Spence B. Meeser wr i t ing in the Methodist Review dec lares , ' I t is be t t e r that any person should continue bound f o r l i f e , to one^whom he may be i l l -mated than that the sanct i ty of the marriage r e l a t i on and the we l l -be ing of the fami ly should be destroyed t o r e l i e v e him. ' These gentlemen seem t o f o rge t that the we l fare of soc i e t y must depend upon the wel fare of members. Furthermore they take i t f o r granted that the present pattern of Christ ian marriage cannot possibly be improved upon. 'For we know,' says tsishop Manning, 'that c i v i l i z a t i o n depends upon the sanct i ty of the 1. Harper's Magazine, A p r i l , 1928. home.' May we remind him that 'the sanct i ty of the home' places marriage on a purely physical p lane . " I sha l l conclude this sect ion with an extract from the Report of the Federal Council of the Churches of Christ 1 as compiled by i t s spec ia l Committee. "The Church shares in the general concern over the r i s ing t ide divorce and the disturbed condit ion of the home which i t ind icates . There has been no concensus of opinion and no common at t i tude toward d ivorce , or the safeguards which should surround the solemnization of matrimony, or the r e l a t i v e standards of c i v i l and r e l i g i ous marriage. The leaders of the Churches also r e a l i z e the lack of information on the more v i t a l problems of sex r e l a t i ons , marriage, home l i f e and d ivorce . We do not know accurately whether there i s a trend toward promiscuity, whether young people are less restra ined than a generation ago, whether the r i s i ng curve of divorce is as c r i t i c a l as i t seems to be, or perhaps a symptom of readjustment." I t is undoubtedly true that the Church, in genera l , is recognising more and more that the deeper causes of home disturbances l i e back in the f i e l d s of b i o l o g y , psychology, h is tory and economics, and that t o gather a r i che r f ru i t age of soc ia l values in domestic l i f e i t becomes increas ing ly necessary to understand the roots and sources from which such f ru i tage alone can come. 1. Sex, Love and Marriage, - Current History, 1929, p.807, ^ 821. STATISTICS AND THE DIVORCE PROBLEM. - Section V I I -105 In th is sect ion the w r i t e r w i l l endeavour t o present s t a t i s t i c a l information that has been gathered from numerous sources. No attempt to exhaust th i s f i e l d of our study has been made owing to the mass of data that would thus need to be recorded. I t is hoped that s u f f i c i e n t information w i l l be g iven t o throw some l i gh t on the main features of divorce a c t i v i t i e s . In her book Marriage and Divorce, Miss Julia E. Johnsen presents a useful compilation of a r t i c l e s on marriage and d ivorce , re ference to these wr i t ings w i l l be made by r e c i t i n g the page number of the book Marriage and Divorce. 2 Under the heading, Chief Grounds of Divorce, i t i s stated that the United States of America "Government f i gures show that desert ion is the pr inc ipa l ground f o r d ivorce , wi th crue l ty second in the l i s t ; these two causes account f o r nearly two-thirds (65%) of a l l divorces granted. Of divorces granted to the husband, desert ion has been the cause in p rac t i ca l l y one-half o f the cases; adultery the cause of 1. Johnsen, J.E. Marriage and Divorce. 2. I b i d . , p.26. n e - f i f t h , and crue l ty in a l i t t l e more than one-sixth of a l l cases. But of divorces granted to the w i f e because of the husband's adultery const i tuted 7.5% of a l l the cases, as against 20.5% granted to the husband f o r the same cause." This does not necessar i ly prove that the wives were necessar i ly more adulterous than the husbands, but may be due to the f ac t that i t was more discoverable in the women's cases than the men. "Drunkenness as a cause f o r divorce has been a minor f a c t o r . A l i t t l e more than one-half of a l l divorced couples had no ch i ldren . " 1 Causes of Divorce in American C i t i e s . "Dr. W.J. Hickson, psych ia t r i s t , g ives as causes of d i vorce : 1. Feeblemindedness plus dementia praecox. 2. Dementia Praecox. 5. Feeblemindedness. Dr. Bridges, in his Abnormal Psychology says, "that Demential Praecox is so named because i t i s supposed t o be a form of mental de te r io ra t i on developing during puberty and adolescence; but the de te r i o ra t i on i s o f ten more apparent than r e a l , and i t may occur much l a t e r in l i f e . 1. Op. C i t . , p.28. I l l Judge W.L. Morgan named causes of divorce as f o l l ows : Poverty. 2. Neglect of women by t h e i r husbands. 5. Low mental i ty . ^ 4. Drink. 5. Nagging. 6. Sex, couples improperly mated. 2 Rev. J.G. Benson l i s t s as causes: 1. Re la t i ves . 2. Emotional, re la ted to physical incompat ib i l i t y . 3. The survival of p r im i t i v e , more or less m i l i t a ry idea of marriage in a democratic age. The woman rebe ls . Rev. Hal l Ferr is - who claims t o bave traced 20,000 cases, and was Director of the bureau of Domestic Relat ions, De t ro i t : 1. Hasty marriage. 2. lack o f r e l i g i o n . 3. Drink. 4. Uncontrolled temper. Judge Bradley Hul l , Director of Domestic Re lat ions, Clevelandemphasised three causes of d i vo rce : 1. The economic Pinch. 2. Nerves. 3. Faulty education. 1. Op. C i t . , p.29. 2. I b i d . , p.33 3. I b i d . , p.34 4. " p.35 I t may be noted that the above reasons are not only very general but they serve to show the wide d i v e r s i t y of opinions concerning the cause or causes of divorce and a lso i l l u s t r a t e many d i f f e r e n t condit ions under which the problem may a r i s e . There is marked tendency f o r wr i te rs to over state some par t i cu la r cause, or to al low t h e i r bias t o co lor t h e i r 1 judgment. In the book Marriage and Divorce at tent ion i s drawn to th is f a c t . "They point to Nevada, where there are more divorces than marriage, not t o Georgia where marriages outnumber divorces nineteen to one, nor t o New York State where marriages outnumber divorces twenty-two to one, nor to the D i s t r i c t of Columbia, where marriages outnumber divorces t h i r t y - f i v e to one. They are a larmists , making the worst of a bad matter, and in t h e i r search f o r causes they are uniformly s u p e r f i c i a l . I t is they who have a t t r ibuted divorce to the movies, t o ye l low journalism, t o j azz , t o the Ford car, and to i r r e l i g i o n , e spec ia l l y i r r e l i g i o n . Even a judge of a court of domestic re la t ions once declared 'The whole trouble i s , Americans have put u-od out of t h e i r l i v e s . ' Whereas, during the very period when Church membership has increased, divorce has increased. " 2 America's Need of a Federal Marriage and Divorce Law. There are those who see,, so f a r as the United States is concerned a cause of divorce in the present chaotic state of the marriage and divorce laws in the United States of America. 1. Op. C i t . , p.38. 2. Ib id . p.177. "The marriage and divorce laws of the United States , n t h e i r inharmonious v a r i e t y , bear some resemblance to a patchwork q u i l t . They are the work of something l i ke f o r t y -%nine art isans working without a foreman and without a common plan. These marriage and divorce laws as a whole have dire resul ts because o f th is lack of harmony." "Each state l e g i s l a t u r e , as a state was formed, went about the business of f i x i n g the marriage status of i t s c i t i z e n s , exact ly as i t f i x ed contractual r ights and property r i ghts , without meeting on any common ground or s tar t ing from any common source, unless the somewhat remote e c c l e s i a s t i c a l court of England may be regarded as a common source. Few states made any provis ion f o r the recognit ion of the status of c i t i zens o f other states with re ference t o marriage, any more than they did f o r the rights of adjo in ing land owners, except by a sort of gentlemen's agreement ca l l ed "comity between the s t a t e s . " " The regulat ions prescribed by the various s ta tes , each of them sovereign in t h e i r law-making power, r e l a t ed t o 1. The existence of the mar i ta l contract . 2. The qua l i f i c a t i on f o r marriage. 3. The pre - requ is i t es to va l i d marriage. 4. The va l i d d isso lut ion o f the marriage. With re ference to every one of these condit ions, f o r ty -n ine jur i sd ic t i ons have f o r ty -n ine sets of laws. This would be of l i t t l e moment i f the c i t i z ens of one state always remained in that s ta t e , or i f the removal therefrom was accompanied by expat r ia t ion . Rut our constantly s h i f t i n g population makes an a l together d i f f e r e n t problem, f o r we are c i t i z ens of the United States in whatsoever state we res ide . Fundamentally, th is i s wrong, f o r i t i s necessary to moral rect i tude that a marriage in one state shal l be regarded as a marriage in every s ta te . The problem of the marriage and divorce e v i l has two horns - the viciousness of the state laws - and the i r var iableness. "The grounds f o r divorce vary from none in South Carol ina, and one in New York, up t o fourteen in New Hampshire; Oregon goes one step beyond, however, f o r in addit ion t o the named grounds, divorce may be granted f o r any cause which the 1 court deems s u f f i c i e n t . " "To my mind, there are two ways to remedy the condition above described - the enactment of the same iden t i ca l law in every state of the Union, or the enactment of one law by Congress covering so much of the subject as i s necessary to be uniform." In connection wi th this we may add the f o l l ow ing information supplied by the Journal of Socia l Hygiene and 2 quoted in Marriage and Divorce. "A recent compilation of s t a t i s t i c s concerning marriage and divorce in the several states revea l the f o l l ow ing 13,000 g i r l s , 15 years o ld , l e ga l l y married. 50,000 " 15, " " " " (not stated re sex 1. Op. C i t . , p.123. 2. Ib id . p.243. 1,600 boys, 15 years o ld , l e g a l l y married. 3,000 " 16, " " " " "No minority age l im i t f o r marriage in seventeen s ta tes . Legal marriage age fo r g i r l s , 12 years , and boys, 15 years, in nine s ta t es . No prohib i t ion of the f e eb l e minded in nineteen s ta tes . Where prohib i ted , the f e eb l e minded may marry on his or her sworn statement of l e g a l mental capacity. In 35 states there is no proh ib i t i on of intermarriage of the white, black, brown, ye l l ow , and red races. Inher i ted diseases of chi ldren of f e eb l e minded, tubercular, and otherwise diseased parents, whose marriage was and would be now l ega l in most s ta tes , cost ^50,000,000, f o r care each year . Divorce, not obtainable on any ground in one State , is granted in another on evidence of bad temper of husband or w i f e . " 1 Divorce in Japan. 1 G.L. Koehn is quoted in Marriage and Divorce regarding divorce in Japan as f o l l ows : " I f I should attempt to moralize at a l l , i t would be with the example of Japan before me. She has an exceed-ing ly high rate of divorce now - previously i t was even higher . In 1897 the rate per one hundred thousand was 227. In 1903 1. Johnsen, J.E. - Marriage and Divorce - p.199. _ere were 140 to every 100,000. The l a t es t s t a t i s t i c s g ive 109. The new code in Japan, introduced in 1898 has tended t o reduce somewhat the frequency of d i vorce , but even now there i s one divorce t o every s ix marriages. There are ten d i s t inc t grounds f o r divorce in Japan; moreover the courts g ive legal recognit ion to the o ld Japanese custom of divorce by mutual consent and the s t a t i s t i c s on that l ine are appal l ing . During the s ix year per iod from 1899-1905, the records show that the Courts granted 1,430 d ivorces , while 445,890 divorces by mutual consent were recognised during the same per iod. Furthermore, 11% of the marriages are d isso lved a f t e r a period of from s ix to twelve months, 18% from one to two years, 12.8% from two to three years . Seemingly the largest number were scarcely g iven a f a i r t r i a l . " World Divorce on Increase. On page 201 of the same book the s t a t i s t i c s below are g iven: " In the United States the r a t i o i s one divorce t o every e ight marriages. In France, where divorce is said to be "neat, quick and s e c r e t , " the quoted pr ice being something less than $1,000, the r a t i o i s one t o f i v e , the number r i s i n g in one year (1918-1919) from 7,851 t o 11,514. In England the number rose from 2,222 in 1918 t o 7,044 in 1921; in Germany from 13,344 in 1918 t o 36,542 in 1920; in Switzerland from 1,699 in 1918 to 2,241 in 1920; in Sweden from 1,098 in 18 t o 1,455 in 1922. Norway alone has the d i s t inc t i on of showing a decrease from 594 in 1918 t o 587 in 1922." RYu Divorces in Canada. S t a t i s t i c s of d ivorces , secured from the author i t i es of s ix provinces where divorces are granted by the courts and from the Dominion statutes for Ontario and Quebec, and compiled by the General S t a t i s t i c s Branch of the Dominion Bureau of S t a t i s t i c s , show an increase of 140 in the number of divorces granted in Canada during 1927 over the previous year. A t o t a l of 748 divorces was granted during the calendar year 1927, as compared with 608 during the calendar year 1926 - an increase of 23.0 p . c . The 1927 t o t a l i s the largest number so f a r recorded in any one year . The increase in divorces granted from 1916 t o 1921 has been ascribed to the unsett l ing psychological e f f e c t s of the war per iod and the long separations ofmen from t h e i r wives, combined with the new f a c i l i t i e s f o r obtaining d ivorce , provided by a decision of the Judicial Committee of the Pr ivy Council, which enabled the courts of Alberta and Saskatchewan to grant d ivorces . Decreases in the t o t a l s in 1922 and 1923 appeared t o indicate a decl ine which might be ascribed t o the passage of war-time condit ions, but the comparatively large increases in 1924, 1925, 1926 and 1927, e ight years a f t e r the Armist ice , must ev ident ly be a t t r ibuted to the greater ease with which decrees may now be obtained and poss ib ly , to a more lenient view of such proceedings on the part of the community. (See Jurisdict ion in Divorce in Canada page 5 ) . 118 The number of divorces granted during 1927, by provinces, (Table 1) was 197 in B r i t i s h Columbia, 182 in Ontario, 148 in A lber ta , 102 in Manitoba, 60 in Saskatchewan, 29 in Nova Scot ia , 17 in New Brunswick, 13 in Quebec and none in Prince Edward Is land, where, indeed only one divorce has been granted since Confederation. The largest increases in divorces granted during the year were in Ontario and Br i t i sh Columbia, in which provinces the 1927 f i gures showed increases of 69 and 30 r e spec t i v e l y . Increases were also shown in a l l other provinces except A lber ta , Manitoba showing an increase of 17, Saskatchewan 12, Noval Scotia 10, New Brunswick 5 and Quebec 3. A decrease of 6 took place in A lber ta . _ The Sex of Applicants f o r Divorces. - Previous to 1924 Canada's divorce s t a t i s t i c s d i f f e r e d from those of most other countries in that they showed that a major i ty of the divorces granted were at the p e t i t i on of the husband. In 1924 wives obtained 51.2% of the decrees granted, but in 1925 husbands were again in a major i ty of the successful pe t i t i oners with 50.6%. In 1926 wives received r e l i e f in 52% of the cases adjudged, th i s condition being possibly due to the passing of the Divorce Ac*6, 1925, which removed cer ta in anomalies which 1 formerly operated to the prejudice of wives . A comparison of Canadian divorce s t a t i s t i c s with those of New Zealand and the United States shows that of the decrees granted in the former country from 1922 to 1925, wives rece ived 57.7, 56.6, 58.7, and 1. In 1927 wives obtained 52.6% of the decrees granted. .9% prospect i ve ly , whi le f i gures f o r the l a t t e r country f o r the four year period from 1922 to 1925 show the decisions granted to wives as being 68.0%, 67.8, 68.5 and 69.9 of the t o t a l r e spec t i v e l y . In the United States the proport ion of two divorces granted t o wives to one granted to husbands has remained f a i r l y constant since 1889. A possible indicat ion of the grounds of pe t i t i ons and decrees may be had from s t a t i s t i c s of d ivorce in New Zealand, where a proport ionate ly larger number of divorces were granted in 1925 to husbands on grounds of adul tery , while a preponderance of decrees based on separation were granted to wives. The numbers of divorces granted on grounds of desert ion form about 27% of the t o t a l numbers granted t o husbands and 36% of those granted to wives. In the United States , however, 42% of the divorces granted to wives are on grounds of c rue l ty , while 46% of those granted to husbands are on the ground of desert ion. In the l a t t e r country, as in New Zealand, a correspondingly l a rge r proportion of decrees are granted to husbands on crowds of adultery than to wives. Divorces Granted in United States to Persons Married in Canada -A fac t which throws considerable new l i gh t on the s i tua t i on in Canada is found in the Marriage and Divorce bu l l e t i n of the United States bureau of the Census. The s t a t i s t i c s of th i s publ icat ion indicate the surpr is ingly large extent to which divorces are granted in that country to persons married in Canada. Thus, in 1922, no fewer than 1,368 divorce decrees were granted to couples married in Canada, a number more than 2-g- times as large as the t o t a l number granted in Canada in the same year . This number also formed 36.2% of the number of divorces granted in United States during the year to copies married in fore ign countr ies, whi le , at the same time the percentage of the Canadian-born population to the t o t a l fore ign-born amounted to only 8.1%. The Bul le t in goes on to say, " I t i s possible that many Canadians acquire a residence in the United States f o r the sole purpose of obtaining divorce because, in general , divorce laws are more l i b e ra l in the United States than in Canada." Of the 1,368 divorces granted in 1922 t o couples who had been married in Canada, no fewer than 462 were granted by the courts of the State of Michigan, while 135 were granted in the State of Washington and 128 in Ca l i f o rn i a . No l a t e r f i gures than the above have been published in connection with the dissolut ion of marriages contracted outside of the United States. March 7, 1928 - DAK. 1. DIVORCES GRANTED IN CANADA 1913 - 1927. (F inal Decrees) Year Ont. Que .Alta .Sask.l.i Nova Scot Man. New Brun Br i t .Col . .Total f o r Canada. 1913 20 4 4 1 - 6 4 20 60 1914 18 7 4 2 10 2 12 15 70 1915 10 3 3 1 13 1 6 16 53 1916 18 1 1 2 14 2 11 18 67 1917 10 4 2 1 8 - 6 23 54 1918 10 2 2 1 24 - 10 65 114 1919 49 4 36 3 36 88 13 147 376 1920 91 9 65 26 45 42 15 136 429 1921 101 9 84 50 41 122 13 128 548 1922 90 6 129 37 35 97 12 138 544 1923 105 11 87 41 22 81 1& 139 505 1924 114 13 118 28 42 77 15 136 543 1925 121 13 101 42 30 79 15 150 551 1926 113 10 154 48 19 85 12 167 608 1927 182 13 148 60 29 102 17 197 748 Note - In Prince Edward Is land, only one divorce was granted between 1868 and 1925: th is was granted in 1913. I I . DIVORCES GRANTED IN CANADA, 1925 - 1927 BY PROVINCES AND SEX OF PLAINTIFF. (F inal Decrees) To Husbands To Wives To ta l 1925 1926 1927 1925 1926 1927 1925 1926 1927 Prince Edward Is Nova Scotia New Brunswick Quebec Ontario Manitoba Alberta B r i t i sh Columbia.771 75 Canada COMPARISONS WITH OTHER COUNTRIES In Table 5 are added comparative f i gures of divorces and marriages in England and Wales, Aus t ra l i a , New Zealand and Canada f o r the years 1916 and subsequently the percentage of divorces to marriages taking place in the same year , as here g iven, is seen in the case of England and Wales t o have increas ed during those years from 0.35% to 0.94%; in Austral ia from 105 from 1.53% to 3.36%; in New Zealand from 2.41% to 5.75% and in Canada from 0.1% to 0.9%. Similar f igures f o r the United States, where, of course, the to ta l number of divorces is unusually large owing to the comparative ease wi th which they may be obtained, show increases from 27,919 in 1897 to 42,937 in 1896, 72,062 in 1906, 112,036 in 1916, 148,815 in 1922, 165,096 in 1923, 170,952 in 1924, 175,449 in 1925 and 180,853 in 1926. The percentage or divorces to marriages increased from 10.8 to 14.8 during the years 1916 t o 1925, divorces during this period increasing by 56.7% ( In 1925 divorces granted to women in the United States constituted 69.9% of the t o t a l granted as compared with 68.5% in 1924. I I I . NUMBER OF MARRIAGES AND DIVORCES IN ENGLAND AND WALES, AUSTRALIA, NEW ZEALAND AND CANADA IN RECENT YEARS. England Wales. and Austra l ia . New Zealand Canada. No.of Marr. No.of Div. No.of No.of Marr. Div. No.of Marr. No.of Div. No.of Marr. No.of Div. 1916 279,846 990 40,289 617 8,215 198 65,000* 67 1917 258,855 703 33,666 652 6,417 221 60,000* 54 1918 287,165 1111 33,141 697 6,227 203 55,000* 114 1919 369,411 654 40,540 891 9,519 337 70,000* 376 1920 379,658 3090 51,552 1168 12,175 471 80,931 429 1921 320,852 3522 46,869 1502 10,635 513 69,732 548 1922 299,524 2588 44,731 1338 9,556 523 64,420 544 1923 292,408 2667 44^541 1480 10,070 524 66,463 505 1924 1:296,416 2286 45,869 1544 10,259 530 65,129 543 1925 295,689 2605 46,899 - 10,419 612 64,644 551 1926 279,860 2622 47,867 - 10,680 614 66,570 608 1927 - — - — — — — 748 ^ estimated. 105 JURISDICTION IN DIVORCE IN CANADA. English Leg is la t ion. I t was not unt i l 1857, when the Divorce and Matrimonial Causes Act was passed in England, that a r ight to divorce in that country was created. Divorce as we now understand i t had formerly the s igni f icance of jud ic ia l separation. By th is Act of 1857 the Court of Divorce and Matrimonial Causes was created and a l l jur i sd ic t ion in matrimonial matters, formerly exercised by the Ecc l es ias t i ca l Courts, was transferred to i t by the Act. The Divorce and Matrimonial Causes Act of 1857 had no force in the colonies of Br i t i sh North American before Confed-erat ion except in those colonies where such l eg i s l a t i on had. been enacted. Canada. By Sec. 91 of the Br i t i sh North America Act (26 ) , the Dominion Parliament was granted jur isd ic t ion ever the matter of marriage and divorce, while by Sec. 92 (12) Prov inc ia l Leg i s la t -ures were empowered t o l e g i s l a t e upon the solemnization of marriage in the i r respect ive provinces. The Dominion Parliament, however, from 1867 unt i l 1924, had passed no Act granting the r i ght t o obtain divorce nor had any court with jur i sd i c t i on in divorce matters been created in the Dominion or in any province by Dominion Legis-la t i on . Matrimonial r e l i e f may, however, be obtained, and granted under authority of the B.N.A. Act, by pe t i t i on to the minion Parliament through the Divorce Committee of the Senate. The Dominion Parliament by C.41 of the Statutes of 1925, added a new and important prov is ion to the Canadian law respecting divorce. The law in force unt i l the passage of the Divorce Act, in so far as i t concerned causes for divorce proceedings, has provided that , while a husband may obtain a divorce on grounds of adultery, i t is necessary f o r a wi fe to prove both adultery and desert ion. This anomaly has been removed, sec. 2 of the Divorce Act stat ing "In any court having j u r i sd i c t -ion to grant divorce a vinculo matrimonii any wi fe may commence an action praying that her marriage may be dissolved on the ground that her husband has since the celebrat ion thereof been gu i l t y of adul tery . " The granting of a divorce in such cases, of course, is dependent on s u f f i c i e n t evidence that the wi fe has not been an accessory t o or connived at such adultery or that the action is not prosecuted in col lusion with the husband or the woman with whom he is a l leged to have committed adultery. In addition "the court shal l not be bound to pronounce such decree i f i t f inds that the wi fe during the marriage has been gu i l t y of adultery or of unreasonable delay or of cruelty towards the husband or of having deserted or w i l f u l l y separated herse l f from the husband before the adultery complained of and without reasonable excuse, or of such w i l f u l neglect or misconduct as has conduced t o the adul tery . " Nova Scotia and New Brunswick. By Sec.129 of the B.N.A. Act , a l l laws in force in Canada, Nova Scotia and New Brunswick and a l l courts, e t c . were to continue t o exist in the provinces of Ontario, Quebec, Nova .^ J^SSjM - -Scotia and New Brunswick a f t e r Confederation. The provinces of Nova Scotia and New Brunswick, there fo re , having enacted l eg i s l a t i on respect ing divorce and possessing courts exerc is ing jur isd ic t ion over such matters before Confederation and having continued to exercise jur i sd ic t i on through courts of Divorce and Matrimonial Causes, are now in the same posi t ion as they were then. A court was establ ished in Nova Scotia under C.126 of the Revised Statutes ( th i rd s e r i e s ) of Nova Scot ia , 1864, as the Court of Marriage and Divorce, the name of which was changed by C.15 of the statutes of 1866 t o the Court f o r Divorce and Matrimonial Causes. The Court of Divorce and Matrimonial Causes in New Brunswick was l ikewise set up by an Act passed in 1860 (an Act to amend the Law re la t ing to Divorce and Matrimon-i a l Causes). (Sec. R.S. , N.B., 1903, C.115). Prince Edward Inland. In Prince Edward Island a court having jur i sd i c t i on in divorce was constituted by an Act of 1835 (5 Wm.IV,C.10). This law has not been repealed since that time, but the power vested in the Governor and Executive Council to establ ish a divorce court has never been exerc ised. Persons l i v ing in Prince Edward Island, who are desirous of seeking d isso lut ion of marriage must do so by pe t i t i on to the Dominion Parliament. Br i t i sh Columbia. The colony of Br i t ish Columbia acquired jur i sd i c t i on in matrimonial causes fo l lowing a proclamation of the Governor g iv ing force in the province to the c i v i l and criminal law of England as i t ex isted on Nov.19, 1858. The province has contin-ued to exercise jur isd ic t ion over divorce through the courts 105 established before Confederation. ^See Rev.Statutes of R.C., 1924, C.75). Manitoba. The divorce law of England, as i t ex isted on July 15, 1870, was introduced into Manitoba by an Act of the Dominion Parliament, 51 V i c t . , C.33. The court of King's Bench of Manitoba has the same jur i sd ic t i on in divorce as the courts have in England under the Divorce and Matrimonial Causes -Act 1857. Alberta and Saskatchewan. The Dominion Parliament, by 49 V i c t . C. 25, enacted that the laws of England as ex i s t ing on July 15, 1870 should be in force in the Northwest T e r r i t o r i e s . In 1918 the Appellate Division of the Supreme Court of Alberta held that the e f f e c t of the above Act and of l e g i s l a t i on passed creating the province was t o make the Divorce and Matrimonial Causes Act of 1857 and amendments up to July 15, 1870 apply to the province of Alberta. This decision was confirmed on appeal to the Imperial Pr ivy Council. Subsequent judgments by the Saskatchewan Court of Appeal held that the English law as i t ex isted on July 15, 1870 had force in the province and that the r ights conferred under i t might be enforced by the Court of King's Bench. The provinces of Alberta and Saskatchewan, there fo re , are in the same position in the matter of ju r i sd i c t i on over divorce. Ontario and Quebec. In Ontario and Quebec i t is considered that the courts have no jur i sd ic t i on to entertain an appl icat ion f o r divorce and no attempt has been made in Ontario to establ ish such po^er. In Quebec the courts have assumed power, not to d iss-olve but, in some cases, to annul marriage or to enterta in pet i t ions f o r separation. The power to annul a marriage is exercised by the courts of Ontario in certain cases only (see 7 Edw. V i i , c.23; R.S.O. 1914, C.148; 9 Geo.V, C.35). Persons seeking divorce in Ontario and Quebec, (as we l l as in Prince Edward Is land) must do so by pe t i t i on to the Dominion Parliament. Grounds of Divorce in Br i t i sh C&lumbia. "Under the Ordinance of 1867, the Supreme Court of Br i t i sh Columbia was given jur i sd ic t i on to give the r e l i e f and exercise the power conferred by the Imperial Act of 1858. By this Act, Judicial Separation may be granted t o e i ther party on the ground of adultery, cruelty or desertion without cause f o r two years and upwards, but divorce may only be granted on the ground of deser t ion . " Marriage and Divorce Laws. A monograph prepared for the Social Service Committee of Canada by E.F. Ramey, M.A. DIVORCE COURTS IN CANADA. n Those who have fol lowed the proceedings of the Dominion Parliament even casually must have been struck by the large place given to the matter of d ivorce. Mr. J.S. Woodsworth, (Winnipeg, North Centre) i s responsible f o r forc ing th is question upon the attention of Parliament and the country. His informed cr i t i c i sm of the anomalies, in jus t i ces and even ' '' 129 absurdities of the present system of granting divorces in Ontario and Quebec has already set the public thinking of some bet te r way. Only in these two provinces have we no provision f o r divorce courts. I f any one wants a d ivorce , a pe t i t i on must be presented to Parliament asking leave to introduce a pr ivate b i l l . A committee of the Senate, composed of men, deals with these b i l l s . This year already 217 pet i t i ons were presented, of which 216 were granted, (96 to husbands and 130 to w ives ) . Of this t o t a l 186 were from Ontario and 30 from Quebec. Mr. Woodsworth wants t o see divorce courts establ ished in Ontario and Quebec fo r these amongst other reasons: In a court you have men deal ing with the case who are accustomed t o weighing evidence, whereas in the Senate Committee i t may be that not more than one or two have this qua l i f i c a t i on . In a court provision may be made f o r granting of alimony, and f o r custody maintenance of children - whereas under the present system those dealing with the case may not even be aware that there are chi ldren, and they are l e f t uncared f o r . In a court the poor have the same chance as the r ich to obtain the protect ion and r e l i e f of the law, whilst at present only those who are 1 comparatively we l l o f f can a f f o rd to claim such r i gh ts . Divorce and Alimony. The whole question o f alimony requires much more invest igat ion. The fo l lowing is a further extract from 2 Marriage and Divorce: 1. The New Outlook - 1929. 2. Johnsen, J.E. , - Marriage and Divorce, p.245-5. " In passing i t may be interest ing t o note that in the United States as a whole permanent alimony was asked in only 20;2% of the cases, and granted in 15.2% (or to the w i f e , asked in 19.9%), and that this is a very considerable increase over the previous twenty year pr iod, (1887-1906) whose f igures were 13.2% asked, 9.2 granted. Whether th is is due to an increase of wealth, or of mercenary s p i r i t , or of i l l i b e r a l i t y . we can not say, but the substantial increase is note worthy. The disposit ion of the states in respect to alimony is l ike wise in teres t ing . To the husband: North Carolina, 3-10 of 1%; Wisconsin 25.1%* To the w i f e : Pennsylvania 3-10 of 1%; Michigan 60.9%." "The re la t ion of alimony t o divorce is as f o l l ows : North Carolina, proportionate decrease, 1916, in divorces, 9.3%. Wisconsin, proportionate increase, 1916, in divorces, 18%; Pennsylvania, proportionate increase, 1916; in divorces, 64.5%. Michigan, proportionate increase, 1916, in d ivorces, 63.5%. North Carolina neither divorce nor alimony seems popular." "The award of alimony and i t s incidents is continually an i l lus t ra t i on of the application of f a l s e analogies and absurd measures in the administration of law. Alimony is r e l i e f , primari ly accorded in the exercise of an inherent incident of the general jur i sd ic t ion of a court having power in matrimonial controvers ies . " "Alimony should be a prov is ion, founded upon pr inc ip le and not upon vagary. I t should be, perhaps, an allowance adequate for a reasonable support of an innocent and 1. Op. C i t . , p.226. injured w i f e , f i r s t , to keep her from becoming a public charge, and second, to avoid the hardship of being deprived of the station which she would enjoy i f the marriage r e l a t i on in which she has been innocent, had continued. But i t i s not compensation f o r in jury and should not be so regarded. As there i s no f i x ed property r i g h t , i t is not compensation f o r deprivation of property; and should not be so regarded. As a prov is ion, i t should not be v ind i c t i v e , nor a penalty, nor should i t be an inducement to the formation of a new marital r e la t i on with another at the expense of the discarded spouse nor should i t outlast a substantial change of circumstances f o r the worse of the party charged with the payment, nor for the be t t e r of the party to whom i t is awarded. The spectacle of a remarried woman co l l ec t ing alimony for her own use from a former husband, or a woman of independent means co l l e c t ing i t from a husband of impoverished condition, is fore ign to the purpose or pr inc ip le of true alimony. The Problem of the Child. This is a v i t a l problem and exceedingly d i f f i c u l t to so lve . In Section V I I I I have outlined the procedure fo l lowed in th is respect by the Swedish author i t i es . They regard the chi ldren, f i n a l l y , as the property of the nation, and the court assumes the respons ib i l i t y of placing the children in such conditions, or places, as best subserve the future interest of the s tate . Maternal, or paternal desires f o r the children are subordinated t o national need and the ch i l d ' rens' we l fa re . The only pr inc ip l e , apparently to guide one in 132 th is problem, is the conservation of the chi ldrens' we l fa re , plus the f i na l good of the State. I f the court, awarding the divorce decides on impartial grounds, the f i n a l d ispos i t ion of the children i t ought to ensure the i r adequate support by some means or other. The Swedish pr inc ip le seems to o f f e r the best solut ion. (See Thesis page 148). UBC Scanned by UBC Library 105 SUGGESTED SOLUTIONS OF THE DIVORCE PROBLEM. - Section V I I I -I t is but natural t o expect that where so many d i f f e r en t reasons have o f f e r ed been in explanation of the causes of divorce there w i l l l ikewise be a very great va r i e t y of suggestions and solutions presented f o r the amelioration, i f not the actual solv ing of th is great problem. I sha l l begin th is sect ion with a reference t o Judge Lindsey's book, Companionate Marriage, in which he c r i t i c i z e s the present marriage system and o f f e r s what he terms the companionate marriage as a way out of the present chaos in marital re lat ionships. In his preface, Judge Lindsey s ta t es , "Companionate Marriage is lega l marriage, with l ega l i z ed Bir th Control, and with the r ight to divorce by mutual consent f o r ch i ld less couples, usually without the payment of alimony." This emphasises three major fac tors in his solution of the problem. I . Companionate Marriage - 2. Legal ized Birth Control -3. Divorce by Mutual Consent. 1. Companionate Marriage i s defined by Lindsey as f o l l ows : "The Companionate i s lega l marriage; and every chi ld less marriage wherein, by mutual agreement, the part ies 1 can obtain a divorce i f they want i t , is a Companionate." "Under the Companionate, with Birth Control l ega l i zed and more general ly understood, most persons would marry as they marry now, in the be l i e f that the i r marriage would prove permanent. They would merely be provided with a way out in the event they d i d n ' t . " "But suppose the l eg is la ture of the State of Colorado should pass a law that would place s c i en t i f i c Mirth Control information eas i l y within reach; and suppose i t should pass another law which would permit Divorce by mutual consent without red tape or d i f f i c u l t i e s to chi ld less couples; and suppose i t should pass another law that would make i t out of the question to extract alimony i nde f i n i t e l y in the event of divorce - a law that would give them no f inanc ia l or economic hold on each other while ch i ld l ess , and that would leave them, while dh i ld less , l e ga l l y as independent of each other as they were before marriage. What would happen then?" " I t i s very simple. M i l l i e and John would marry, just as thousands l ike them do r ight now, with the intention to delay the b i r th of chi ldren, and also with the knowledge 2 that would enable them to make good on that in tent ion . " Lindsey has three " essent ia l Leg is la t i ve enactments or B i l l s " in mind. 1. Lindsey, Judge Ben. - Companionate Marriage, p.140-141. 2. I b i d . , p.138. "A B i l l f o r an Act t o repeal the present stupid laws against Birth Control, and to l ega l i z e and regulate the r ight of Birth Control c l in i cs to carry on and g ive advice t o married women, e t c . " 2. " Second B i l l to Amend the laws r e la t ing to Divorce. This B i l l would add a clause providing that 'where couples are ch i ld l ess , and where the e f f o r t s of the magistrate to bring about a reconcioement have f a i l e d , and where the couple mutually desire a divorce the divorce shal l be granted without further expense, or needless d e l a y . ' " 3. "A Third B i l l t o regulate the property status of the divorce. I t would deal with the right of the w i f e to support and alimony. I t would withhold or grant such support and alimony according to the conditions of the case. Such a b i l l might provide that the property r ights of ch i ld less couples should, at the d iscret ion of the court, o rd inar i l y be 1 the same as the property r ights of single persons." "The passing of three such b i l l s would es tab l i sh the 6-Companionate, as we now i l l e g a l l y have i t , on a l ega l bas i s . " Lindsey draws a d is t inc t ion between his Companionate Marriage and the Procreative Marriage, the l a t t e r being the Family. People could have the i r choice as t o which of the two forms of marriage they desired. "The important thing to understand is that a couple entering marriage may be mistaken in the i r b e l i e f that they have a basis f o r l i f e - l o n g union, and that in the Companionate 1. Op. C i t . , p.246. 1 such persons would not have to bet so heav i ly on that b e l i e f . " Discussing divorce by Mutual Consent Lindsey rep l i es to a c r i t i c who asks, "Suppose one member of the marriage wanted to quit while the other did not? I f divorce were granted in the Companionate under such condit ions, i t would not r ea l l y be by 'mutual consent' would i t ? " Lindsey r ep l i e s : "Broadly speaking, i t seems hardly conceivable that i t could o f ten be wise to maintain a marriage, espec ia l l y a chi ldless marriage, when i t had ceased to be marriage by mutual consent. Lacking mutual consent in marriage, then the one a l ternat ive in log ic and in fact would seem to be divorce by mutual consent. So 2 why not c a l l i t that?" I t is d i f f i c u l t to see how Lindsey can argue that in such a case divorce could be secured by mutual consent-when one of the part ies did not wish the divorce. I t is interest ing and important to reca l l the experience of the Japanese people regarding divorce by mutual consent. The fact was that under that code divorces increased enormously and many couples did not even g ive the experiment a 3 f a i r t r i a l . "Our present marriage code absolutely necessitates divorce as i t s co ro l l a ry . Marriages are entered into l i g h t l y and irresponsibly and b l ind ly because marriage is the one e ro t i c out let which society permits. Such marriages have in them the seeds of polygamy and d ivorce ; and they are perhaps rather 1. Op. C i t . , p.252. 2. I b i d . , p.255. more l i k e l y to have polygamous than monogamous tendencies. The tendency of such marriages towards impermanence has to be met by a system of easy divorce which can be entered upon as eas i l y and irresponsibly as marriage i t s e l f . " Discussing his idea of Monogamy, Lindsey says: "The point i s that marriages in which the partners c l ing to a common course and goal in l i f e , and t r a v e l the i r path through to the end together, toward a common dest inat ion and over a common road, are monogamous. The mere fact of outside sex r e l a t i ons , e i ther by the soc ia l l y permitted road of divorce or the soc ia l l y forbidden road of l iason, is not what makes a marriage polygamous. "What makes a marriage polygamous is the scat ter ing of i t s sp i r i tua l energies towards other intruding persons, f o r whatever cause, and regardless o f whether there have or have not been physical sex re la t ions with such persons. I f there be no such scatter ing there i s no polygamy, even i f there be 2 physical adultery. Polygamy is a state of mind, a way of thought - so i s monogamy. The view of the Christian Church that the mere fac t of physical adultery i s in every case a proper ground for divorce i s , t o my mind, thoroughly immoral. The r ea l l y proper and moral ground for divorce is the f a c t that the part ies of the marriage have already been torn apart 3 s p i r i t u a l l y . " On page 279 Lindsey quotes Havelock E l l i s as summing up Christian marriage with 'splendid ins i gh t ' as fo l lows "The 1. Op. C i t . , p.276. 2. I b i d . , p.276. 3. " p.277. Protestant conception of marriage is narrowed down to a kind of lega l sex contract which is held to be s u f f i c i e n t l y sanc t i f -ied by the promise of exclusive and permanent mutual sex love . Such a promise, even in the union of the most devoted lovers , is a f i c t i o n . I t can never be kept, and the recognit ion that i t cannot be kept combined with the cowardly f ea r to acknowledge 1 that f a c t , plunges our marriages into deceit and misery." In complete opposition to Lindsey wi th his ideas of Companionate Marriage, Legal ized Bir th Control, and Divorce by Mutual Consent, Groves has wr i t ten a book en t i t l ed The 2 Marriage Cr i s i s . This wr i t e r seeks t o analyse the ideas of marriage and divorce as outl ined by Judge Lindsey and t o discover some bet ter way of conserving soc ia l interests and family l i f e . Wi l l divorce by mutual consent, by solving our marriage problems, add to our happiness and make our l i f e together saner and more wholesome?" With th is question th is book is concerned. Groves points out that marriage is a normal expect-ation of young people, and that i t has unescapable soc ia l elements. Marriage cannot be based on the needs of sick people, but upon the needs of society as wel l as the indiv idual . Fai lure in marriage i s o f ten due t o de fec t i ve soc ia l condit ions. That we are fac ing a c r i s i s in marriage i s true. He thinks stra in on our present marriage system is large ly due to a 1. Op. C i t . , p.280. 2. Groves, The Marriage Cr i s i s . 1 Pleasure philosophy. H is to r i ca l l y marriage has protected three major in te res ts , v i z . , r ights of property, r ights of sex, r ights of a f f e c t i o n , i . e . , marriage has had i t s economic, i t s physical and i t s love aspects, and the preva i l ing soc ia l conditions of any period have determined the re la t i ve importance of each of these elements. Today the family performs a diminishing economic function as an organizat ion. Marriage now appears as something soc ie ty imposes upon the indiv idual in return for physical pleasures. Birth control appears as the r i v a l of the family marriage. A f f e c t i on is the only sure anchor of marriage. Groves says further that there i s nothing new in the idea of making marriage experimental. Nearly th i r t y years Mrs. E ls ie Clews Parsons advocated ear ly t r i a l marriage with conditions attached similar to those suggested by Judge Lindsey. Groves c r i t i c i z e s t r i a l marriage on the grounds that 1. Not one such union has yet proved sa t i s f ac to ry over a two year per iod, of those whom he has personally known. 2. Physical at tract ion alone provides a very insecure foundation f o r marriage. 5. No demand is put upon them that they consider ser iously the i r d i f f e rences of race, c lass , r e l i g i on , or t a s t e , or any of the complicating conditions that have to so we l l provided f o r them in a successful orthodox marriage 1. Op. C i t . , p.33. Why worry, where no permanent r isk i s involved? The very idea of impermanence of marriage re la t ions would be a temptation to some. The idea of s c i e n t i f i c contraception is apt to be a spur to seek sex experience by i t s e l f . Contraception has not removed, but rather increased the need of a d is t inc t ion between bare sex comradeship and the fe l lowship of a f f e c t i o n . I t is th is d is t inct ion between sex a l l iance and love that the t r i a l marriage erases. I t i s psychological ly impossible to give to another completest abandonment when i t is mutually understood that the intimacy i s experimental. T r ia l marriage thus introduces an extra hazard - that of uncertainty from the very beginning. "An avowal of lack of complete confidence is always in an intimate associat ion, whether i t be matrimony or f r iendship. The general acceptance of the t r i a l marriage idea and the removal by public opinion of a l l r e s t r i c t i ons w i l l not in the least change the fact that human nature increasingly demands a f f e c t i o n fo r the building of an enduring comradeship, although t r i a l marriage i s r i ch in sex appeal, i t is contrary to the sp i r i t of love . From every angle temporary marriage with the p o s s i b i l i t y of being dissolved by mutual consent is bu i l t upon an un jus t i f i ab l e confidence in present day b i r th control pract ices . 105 11. There is the need f o r protect ing the wi fe f o r at least nine months a f t e r separation. 12. The distress of the divorce s i tuat ion at present is not the d i f f i c u l t y of separation, but the confession of f a i l u r e of adjustment. 13. T r i a l marriage places the r isk upon, the woman, f o r the reason that i t is the female's interests which are most preserved by family re la t ionships . Furthermore, each a l l iance consumes time, wastes resources and handicaps the woman in competition with her younger s is ters fo r a permanent marriage r e l a t i on . 14. Her b i o l og i ca l f a i l u r e , through protracted b i r th Control, leaves her without the r ea l i za t i on of impulses that would have awakened with the coming of the ch i ld , through which she would have entered into the deeper sa t i s fac t ions of l i f e . Groves thinks that the solution of the marriage and divorce d i f f i c u l t i e s l i e s in the d i rect ion enhancing a f f e c t i o n . "The new motive upon which marriage must more universal ly 1 depend for i ts at t ract ion must be a f f e c t i o n . We must discover the sources which undermine a f f e c t i o n , and recognise the resources in the hands of moral leaders f o r i t s conservation. "F i rs t of a l l , there i s need of bui ld ing upright ideas about l i f e . Second, there i s a 'challenge to parents and soc ia l leaders t o t reat more wisely and with more success the 1. Op. C i t . , p.175. 105 problem of s e x . ' " There is need of more serious instruct ion in 1 preparation f o r marriage and f o r parenthood. "Experimental marriage is a bid f o r sex commitment, while the only solution of our matrimonial i l l s in accord with the forward movement i s the greater stressing of a f f e c t i on as the hope of marriage." "What we need i s not a method by which those who f a i l may more eas i l y get r i d of the i r matrimonial t i e s , but a bet ter chance f o r men and women to achieve the matrimonial 2 success f o r which they hunger. I t w i l l prove a great mistake f o r soc iety to standardize i t s matrimonial regulations to f a i l u r e . " What i s needed is better education f o r the family l i f e and the appl icat ion of modern science " to problems of human adjustment." "What we do need is an opportunity f o r those who are of the normal group to obtain impartial advice based as large ly as possible upon the experience of the spec ia l i s t we l l f i t t e d to deal with family problems. We are in great need o f . r e l i a b l e information concerning normal family l i f e . This i s hard to ge t , but without i t our education f o r parents w i l l be la rge ly h i t or miss. There seems to be only one way to get this material and that i s by providing a place 3 where family problems can be carr ied f o r s c i e n t i f i c counsel. "Other suggestions by Groves are: A more wholesome att i tude 1. Op. C i t . , p.182. 2. I b i d . , p.189. 3. " p.207. towards sex, household standardization, greater matrimonial freedom." I t i s unfortunate that many people c l ing to the custom of ins is t ing upon what is l i t e r a l i s o l a t i on , as compared with the freedom permitted before marriage. The petty jealousies and unreasonable tension caused by these a r t i f i c i a l barr iers are seldom valued at t h e i r true s i gn i f i cance . A f f e c t -ion must construct securi ty without the suspicion and sense of exclusiveness which has characterized marriage in the pas t . " Reform of Divorce. "The divorce problem cannot be s a t i s f a c t -o r i l y solved e i ther by making divorce more stringent or loosening i t unt i l i t becomes merely consent on the part of the individuals concerned, without any soc ia l scrutiny. What we need is not a lax method of divorce which puts a premium upon incompatibi l i ty and encourages rest lessness and impatience but a new way of looking at the problem i t s e l f . Instead of the court concerning i t s e l f with the question of o f fense that has been committed which j u s t i f i e s one of the individuals separating from the other, the proper question i s , "Why are not these people happy together, and what can be done, i f anything, to bring them into sa t i s fac to ry adjustment? Such an at t i tude turns the court from an atmosphere of criminal procedure to a f a c t - f ind ing and soc ia l -ad just ing ins t i tu t i on as i t operates in our progressive c i t i e s . The divorce request needs to be interpreted as an expression 6f soc ia l d i f f i c u l t y which ca l l s f o r expert he lp. Any scheme that leads to an automatic, i r responsib le , s e l f - d i r e c t ed method of divorce 1. Op. C i t . , p.221. 144 must become a mischievous inf luence, leading men and women to hasty decision to separate, when a calm and impartial review of t h e i r case by o f f i c i a l s of experience in such matters would quickly bring the quarre l l ing individuals to recognize that the i r happiness can come not from separation, but from more discerning comradeship." No other way o f f e r s hope in 1 dealing just ly with the human interests involved. The r i ght divorce program can neither be making divorce impossible to obtain f o r those who must have i t or some form of separation, since they cannot l i v e together , nor in o f f e r i n g i t so f r e e l y that i t is accepted as a matter of course, but by t r ea t ing i t as a form of maladjustment which ca l l s f o r soc ia l surgery only 2 as a last r e s o r t . " F ina l ly Groves suggests: "Painless Child-b i r th , assistance with chi ldren, family insurance and secur i ty , be t t e r housing and the encouragement of aesthet ic values. 3 Sweden's Solution of Divorce. "The new marriage laws adopted by Sweden a few years ago imply, espec ia l l y in one respect , a pronounced advance on what i s s t i l l the rule in th i s country. Marriage ( i n Sweden) i s , in the last instance, a wholly human and soc ia l a f f a i r , representing a voluntary agreement between two f ree ind iv iduals , and being, l ike a l l such agreements, subject to cance l lat ion by mutual consent. On th i s point the new law is most e x p l i c i t . The chief and most eas i l y e f f e c t i v e reason f o r a divorce is 1. Op. C i t . , p.224. 2. I b i d . , p.226. 3. F3orkman, Edwin g . - A r t i c l e in the Forum, Vol.76, (1926), July, Dec., pp.543-550. that man a^d w i f e have discovered a mutual unwillingness or i nab i l i t y to go on l i v i n g together . Having reached that stage, a l l they have to do i s t o report the i r case to the proper tr ibunal and ask f o r a separation. To get t h i s , they need give no reason whatsoever as long as the appl icat ion is supported by both of them. What here is ca l l ed co l lusion and made an absolute obstacle t o d ivorce , i s there held prima-fac i e evidence that the r e l i e f asked should be granted. Men and women who are thus able t o agree on a peaceful d issolut ion of an impossible union, are o f f i c i a l l y excused from washing the i r d i r ty family l inen in open court. In Sweden the proced-ure is the same f o r the simplest day laborer and a member of the Royal House, and poverty need not pay f o r what wealth cannot buy." "The probationary separation of a year prescribed fo r a divorce based on mutual consent is a common feature of most similar proceedings not carrying a charge of actual g u i l t . A notable feature of the law is that , i f they should change the i r minds at any time during that twelve-month, a l l they have to do is t o come together again. In doing so, they are in no danger of v i o l a t ing the court 's order f o r a separation. I f , on the other hand, they remain f i rm in the i r desire to part at the end of the year, a f u l l decree is automatically granted to whichever one of them applies f o r i t , and s t i l l the court re f ra ins d iscree t l y from any examination of the causes that have sundered them." "The causes established for a divorce wanted by only one of the part ies f a l l under such heads as lack of support, 105 alcoholism, v i c e , incompat ib i l i ty . In a l l cases of th is kind, the complaining party is cal led on f o r proofs of the charges made, and when these are held va l i d by the court, the f i n a l divorce is preceded by the usual term of separation. There i s , however, another set of causes deemed grave enough, when proved, to warrant the immediate issuing of a f u l l decree. Adultery is among these, and so are physical violence and w i l f u l desertion f o r a term of at least two years. Equal v a l i d i t y is attached to causes l ike presumably incurable insanity , convict ion of serious crime, and venereal disease. A wi fe or a husband may obtain an immediate decree of divorce i f the other partner has remained absent without explanation f o r more than three years. Divorced persons may remarry unless e x p l i c i t l y prevented from doing so by an order of the c ou r t . " "How the new, almost unprecedented novel provisions f o r the dissolut ion of marriage w i l l work in pract ice remains to be seen. There has, beyond doubt, been an increase in the number of divorces from 785 in 1914 to 1265 in 1921. During the period of 1901-10, the percentage of marriages brought to an end by divorce was 1.15. In 1923 that percentage had r isen to 3.23. On the other hand, the enactment of the new general law has also been fol lowed by a hardly less marked increase in the number of marriages contracted. Data of this kind is not ava i lable beyond 1917, but in that year the net gain of new marriages over those ended by death or divorce was 9534, while the year before the law went into e f f e c t the corresponding gain was only 7000. The Swedes r ea l i z e keenly 105 that an increased frequency of divorce is no e v i l in i t s e l f , i f thereby can be obtained a corresponding or s t i l l greater increase in the number of successful , durable, and f r u i t f u l 1 marriages." "The sp i r i t of the new law is one of complete equal i ty between husband and w i f e . According to one of i t s paragraphs, they "owe each other mutual f a i t h and support and must take common counsel f o r the wel fare of the f ami l y . " Both are e x p l i c i t l y obl iged to contribute to the support of the home, and with equal exp l ic i tness the care of that home and the children is c l a s s i f i e d as a form of contribution no less va l i d than cash payments. This implies a tremendous improvement in the w i f e ' s status, and so does another provis ion to the e f f e c t that the husband must furnish her, in agreed per iod ica l payments of decent s i z e , with the funds needed f o r her own pr ivate uses as we l l as f o r the maintenance of the home. This provis ion i s mutual, l ike everything else in the law, and i f the w i f e has large means, and the husband not enough for his pr ivate needs, she is obliged to make s imi lar allowances to him on a basis determined by the i r soc ia l status and the extent of t h e i r common income. What e i the r one of them thus obtains from the other f o r pr ivate use becomes s t r i c t l y pr ivate property as i f i t had been earned outside the home." "The wi fe has the same r ight as the man to choose an outside ca l l ing of her own, to go into business, to hold 1. Op. (J i t . , 547. property, to conduct f inanc ia l or legal transactions. She has equal r ight with him in deciding every question reacting to the wel fare of the home or fami ly . In cases of serious disagreement, neither one of them posseses f i n a l author i ty , but must submit t h e i r d i f f e rences to a mediator provided by the Church, the s ta te , or the court. Roth have the r ight to hold property separately and independently of each other, but whatever is not spe c i f i c a l l y exempted by contract or otherwise becomes common to the extent of making the other partner he i r to one-half of in case of death. On account of th is mutual interest in property otherwise pr i va te , both are obl iged to keep each other posted on the i r respect ive assets and what is done with them. In case of neglect or mismanage-ment, e i ther one of them can obtain a court decree establ ishing a complete d i v i s i on of a l l the i r property. In other words, a husband has no longer the r ight to keep his wi fe in ignorance of his business a f f a i r s , and she can take l ega l steps to prevent him washing his property on speculations, through unwarranted g i f t , by mismanagement or neg lec t , or otherwise. Thus the family i s made a true partnership in which there is no senior or junior except in so f a r as greater experience or knowledge gives one a natural ascendancy over the o ther . " "The status of the children resembles that of the 1 property, tsoth parents have the same r i gh t to determine the i r ways of l i v i n g , the i r forms of education and so on. The law, however, makes a d is t inct ion between guardianship and care. The former term re la tes to the management of property belonging to the chi ldren - the second term covers everything e lse 1. Ib id . p.549. 149 :onnected with t h e i r mode of l i v i ng . The guardianship i s in the hands of the fa ther , while the care and support of the children devolves equally on both parents. In case of d ivorce, the court decides which parent shal l have the guard-ianship of the children, or the care, or both. And, what is quite notable, the fac t that one parent i s held responsible f o r the divorce does not make i t obl igatory on the court to hand the children over to the other one. The law makes i t c lear that the children are regarded more or less as belonging to the nation rather than t o the parents as indiv iduals , and a l l provisions are dictated in the last instance by concern for those in whose hands the future of the country w i l l r e s t . Mere paternal or maternal passion is not held su f f i c i en t guarantee of superior f i tness f o r the rearing of ch i ldren. " Amontj other suggestions put forward with a view to solving the divorce problem, and t o render unsuccessful marriage less frequent are those mentioned by T.A. Bosanquet 1 in the Nineteenth Century v i z . , wider pub l i c i t y marriages, guarding more e f f e c t u a l l y the avenues to marriage, proof of the ident i ty or condition of the part ies proposing to be married. Bosanquet suggests that the ease with which divorced couples can remarry swells the l i s t of divorces. Speaking of a certa in case in point he s tates , "who can say whether N- would have so read i l y forgot ten her duty to her husband during his absence in India i f she had known from the f i r s t that she could never become the w i f e of the l a t t e r 1. Bosanquet, T.A. - Laws of Marriage and Divorce, 19th Century, Vol.89, p.1053-1061. ( l i v i n g in England) or be received into decent society f o r the 1 fu ture . " Concluding his a r t i c l e , bosanquet wr i t es , "So long as our law encourages the hole-and-corner marriages in churches and chapels or in Reg is t rars ' o f f i c e s with which we are a l l f am i l i a r , and no check i s put upon the marriage of adulterour paramour, so long w i l l i l l - cons idered and clandest-ine and i l l e g a l marriages abound - so long w i l l there be a p l e n t i f u l supply of scandal f o r our newspapers and of work 2 f o r our matrimonial and criminal courts. " As one surveys the complex problem of divorce certain convictions ar i se . The f i r s t is that the Divorce problem is a world problem. I t is co-extensive with the human race. I t i s a world problem and should be studied as such. While allowances must necessari ly be made f o r d i f f e r e n -ces of race, creed and standards i t seems indisputably true that the problem has many fundamental factors common t o human beings the world over. The b i o l o g i c needs of men and women, the sexual urges, the inst incts of gregariousness, acquis i t ion, jealousy, are but a few of the impulses which animate human conduct genera l ly . As a world problem a road towards i t s solution w i l l undoubtedly be opened as the d i f f e r -ent countries seek conference one with the other as to fundamental causes and more or less common solutions of Divorce. In the second place i t i s a complex problem. There has been too much tendency fo r theologians, lawyers, doctors, reformers, e t c . , t o view the problem from the one angle in 1. Op. C i t . , p.1060. 2. Ib id . p.1061. which they were primari ly interested. This thesis has been an attempt to show that no s ingle cause can be made responsible f o r the divorce problem as a whole. Physio logical maladjust-ment, deeply rooted psychological forces , the growing emancip-ation of women, with the i r increasing economic independence of men, the disruption of soc i a l forces caused by and fo l lowing t the war; the breakdown of t r ad i t i ona l and orthodox re l i g ious ideas, the increase of luxury, eas ie r and cheaper t r a v e l , the radio,and the increasing knowledge of contraceptives and the use of new and powerful economic f o rces , have a l l been in f luen t i a l factors in creat ing the present divorce s i tuat ion. The greatest caution needs to be exercised in a t t r ibut ing divorce to any one spec i f i c cause. This complexity of divorce necess i tates , to my mind, a sort of c lear ing house f o r divorce appl icants. In the United States there are Courts of Domestic Relat ions. In these Courts people are assisted t o solve the i r domestic d i f f i c u l t i e s . Such Courts of Domestic Relations should be capably manned, and no sort of public disapproval should be directed towards those who seek the i r a id . Thirdly , too much care can not be taken to secure the best kind of marriages. Certainly i t is imperative that no marriage l icense should ever be issued apart from the presentation of a clean medical sheet by both par t i es . The ideal would be to have a marriage board whose chief function should be t o assist applicants f o r marriage to reach at least a noMmal standard of physical and mental e f f i c i e n c y . I t is absurd to suppose that men and women whose physical and mental condition has been the cause of their i n e f f i c i ency in the ordinary bat t l e of l i f e shall by any manner or means make a rea l success of married l i f e unassisted, yet at the present time people who are constant fa i lures in every day l i f e are able to be married without question. One has to remember, however, that where any serious e f f o r t may be made to check over applicants f o r marriage, there is always the grave poss i b i l i t y and probab i l i t y that ways of escape w i l l be found by those who seek t o evade such a procedure. I t is my b e l i e f , however, that the great mass of the people would endeavour to work towards the e f f e c t i v e el imination of the unf i t and m i s f i t . The important thing t o remember is the complexity of the problem. I t i s my f i rm conviction that no one law can be found or made that w i l l cover a l l cases of d ivorce . Each divorce case should be considered and dealt with on i t s own merits . I t seems t o me that i t i s not a question of making divorce eas ier or harder, i t is a question of discovering the individual needs of the people concerned. This raises the question of Leg is la t ion. What shal l be the grounds f o r Divorce? Shall there be a Federal law f o r a l l , or each Province with i t s own? A l l that I f e e l competent to say i s that whether there be one or many laws in connection with Divorce nothing should be done that w i l l i n t e r f e r e with the conditions which w i l l secure the best results f o r the couples concerned. In concluding this Thesis the wr i te r f e e l s that the problem of divorce is by no means a hopeless one. The increase of divorce may, i t i s true, be sympo of deep patholog-i ca l causes; on the other hand, i t may be the expression of a growth - a throwing o f f of age-lock shackles, and the forerunner of an amancipation of both, sexes in accordance with the needs of new soc ia l conceptions. I t cannot be said, I f e e l , in view of the facts now known concerning the diverse impulses which make f o r human conduct, that a l l Divorce is e v i l . Neither can i t be said that Divorce does not do harm. I t is a sign of maladjustment - i t is a case requiring " soc ia l surgery." Divorce may a f f o rd r e l i e f to some, but I be l i eve i t is a blow to soc i e t y ' s we l fa re , in some respect , whenever i t occurs. I be l i eve that there is nothing more wholesome to the ind iv id -ual and to society as a whole than a l i f e - l o n g monogamous marriage. This I would suggest is the normal way of human i l i f e , and, consequently, any tendency which breaks away from the monogamous l i f e - l o n g marriage I would regard with caution. Furthermore, any new system of marriage must be viewed in the l ight of the fo l l owing questions: 1. What e f f e c t w i l l i t have upon the indiv idual , and upon society as a whole? 2. Wi l l i t make marriage more or less a t t rac t i ve? 3. How does i t a f f e c t the chi ldren. F ina l l y , any suggestion or solution fo r the so lv ing of the Divorce problem must, for soc i e t y ' s sake, e i ther conserve or improve the present family re la t ionship . I t is impossible f o r me t o see how society can thr ive apart from adequate home l i f e of some sor t . The home should and. normally does provide the natural atmosphere fo r the growing ch i ld . Groves stated that " a f f e c t i on " was the binding force of married l i f e . I be l i eve he is r i gh t . The one essent ia l thing is f o r s c i en t i s t s , educat ional is ts , Churchmen and a l l who may throw l i gh t on soc ia l movements, and bring power and b less ing , to^so^study and understand human nature that when i t s needs are manifested they shall be understood and met and not side-tracked or disregarded. Scanned by UBC Library BIBLIOGRAPHY B r i f f a u l t , R. , Mothers, Vol.11, The MacMillan Company, 1927, New York. Burch and Patterson, American Social Problems, The MacMillan Company, 1918, New York. Blackmar and G i l l i n , Outlines of Socio logy, The MacMillan Company, 1924, New York. Beach, W.G., Introduction t o Socio logy, Houghton M i f f l i n Company, 1925, New York. Bridges, J.W., Outline of Abnormal Psychology, Adams, 1925, Columbus, Ohio. Bromley, Dorothy Dunbar, Whom God Hath Joined, Harper's Magazine, Vol.156, A p r i l , 1928. Bjorkman, Edwin, Sweden's Solution of Divorce, The Forum, Vol.76, October, 1926, Bosanquet, J .A . , Laws of Marriage and Divorce, 19th Century, Vol .89,June 1921. Burgess, E.W., Brook, L.M., The Family, American Journal of Sociology, Vol.32, July 1926. Social Forces, Vol .6, June 1928. Breckenridge, S .P . , Family Welfare Work in a Metropolitan Community, Chicago, 1924. I I Col l ins , J.N.D., The Doctor Looks at Companionate Marriage, The Outlook, Vol.147, September 1927 Charles, R.H., Divorce and Nu l l i t y , T. and T. Clark, 1927, Edinburgh. Commission on the Church and Socia l Service Federal Council of Churches, The Protestant Church View of Sex, Love and Marriage, Current History, Vol.29, February, 1929. Colcord, J . , Broken Homes - A Study of Family Desertion and I t s Social Treatment, Clark, 1919, New York. Darcy, C. P . , A Short Study of Ethics, The MacMillan Company, 1912, New York. Dickenson, G.L. , The Greek View of Woman -"The Woman Question," Dickenson, Roni and L iver ight , 1918, New York. Dealey, J.Q., The Family in I t s Soc io log ica l Aspects Houghton M i f f l i n Company, 1912, New York. Davis, J . , and Barnes, H., Readings in Socio logy, D. C. Heath & Company, 1927. New York. Eddy, Sherwood, Sex and Youth, Doubleday, Doran and Company, 1928, New York. E l l i s , Havelock, Essays in War Time, Constable and Company, 1917, London. Fowler, W., Marriage and the Roman Lady, Extract from "The Woman Question" Dickenson, E . , Boni and L iver ight , 1918, New York. Fiske, G., Changing Family, Harper, 1928, New York. F luge l , J . , The Psychoanalytic study of The Family -Internat ional Psvchoanalvtic Press 1921, London. IV Goodsell, W., The Family as a Social and Educational Ins t i tu t i on , The MacMillan Company, 1923, New York. Groves, E.R. , The Marriage Cr i s i s , Longmans, Green and Company, 1928. New York. Groves, E.R., Social Problems of the Family, L ippincott , 1927, Phi ladelphia. Groves, E.R. , Experimental Marriage, Longmans Green, 1928, London. Groves, E.R. , American Marriage and Family Relationships, Henry Holt & Company, 1928, New "York. Government S ta t i s t i cs of Canadian Divorce, 1927. Hutchinson, W., The Evolutionary Ethics of Marriage and Divorce, The Living Age, Vol.247, October, 1905. Hobhouse, L .T . , M orals in Evolution, Vol .2, Chapman and Hal l , 1906; London. Howard, G., A History of Matrimonial Ins t i tu t ions , Healy, W., et a l . , Reconstructing Behaviour in Youth, Knopf, 1929, New York. Jennings, H.S., From the Amoeba Up Survey, Vol.59, Dec., 1927. Johnsen, J.E. , Marriage and Divorce, H.W. Wilson, 1925, New York. Kirchwey, F . , Our Changing Moral i ty , Boni L i ver ight , 1924, New York. Kelso, R. , The Science of Public Welfare, Henry Holt & Company, 1928, New York. Lacy, T .A . , The Christian Trad i t ion of Divorce, 19th Century and A f t e r , Vol.39, May, 1921. Letourneau, C., The Evolution of Marriage and of The Family, Walter Scott , London, 1891. Lindsey, Judge ^en, Companionate Marriage, Boni and L iver ight , 1927, New York. VI L i < ( S e r ^ r g e r , J . , Divorce, A Study in Social Causation, Columbia University Press, 1909 Lowie, R.H., Pr imit ive Soc ie ty , Honi and L iver ight , 1922, New York. Malchow, C.W., M.D., The Sexual L i f e , C.V. Mosby Comnany, 5th ed i t i on , 1917, St. Louis. Mowrer, E .R. , Family Disorganization, University of Chicago, 1927, Chicago. Norcross, F.H., Christ ianity and Divorce, S t ra t ford , 1926. Popenoe, P . , Modern Marriage, The MacMillan Company, 1925, New York. Park, R., and E. Burgess, Introduction to the Science of Socio logy, University of Chicago, 1928, Chicago. Rosanoff, A .J . , Manual of Psychiatry . gth ed i t i on , J. Wiley & Sons, 1927, New York. Shaw, George B e r n a r d , S. Sanger, M., Thomas, W,. I . , Thomas, W, I . , and D.S., Taylor , W.S., Turner, R. , VII Modern Family, Knopf, 1929, New York. Soc ia l Organization, Trenet, Trie^ur and Company, 1924, London. The In t e l l i g en t Woman's Guide to Socialism and Capitalism, Constable and Company, 1928, London. Happiness in Marriage, Brentano's, 1926, Mew York. Source Book f o r Social Origins, The University of Chicago, 1919, Chicago, The Child in America, Knopf, 1928, New York. Readings in Abnormal Psychology, and Mental Hygiene, D. Appleton and Company, 1926, New York. America in C i v i l i z a t i o n , Knopf, 1929, New York. Westermarck, Edward, Westermarck, Edward, Wilson, A. , M.D., The History of Human Marriage, 1901, Lordon. Marriage, Cape and Smith Inc . , 1929, New York. Unfinished Man, Greening and Company, 1910. London. Scanned by UBC Library 

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