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<note>22</note> | |||
<head>Indirect Legislation</head> | |||
<note>Satisfying</note> | |||
<note>Facilitating divorces</note> | |||
<p>In Catholic countries marriages are <del>in generally</del> <add>regularly</add><lb/>indissoluble: divorces are granted in <add>very</add> extraordinary<lb/>cases, generally upon some false pretence or other,<lb/>by the Pope. In the Lutheran state of <del>Prussia</del><lb/>Sweden divorces are permitted without difficulty,<lb/>for adultery on either side. <note>Codex Leg. Suecicarum,<lb/>Holmiæ 1743. Tit. de<lb/>jure matrim: cap. 13<lb/></note> This comes <add>nearly</add> to the same<lb/>thing as if the marriage was <sic>render'd</sic> dissoluble<lb/>at any time by joint consent; since they have<lb/><del>had but to</del> <add>but to agree that one of them, the man for instance, shall</add> <sic>committ</sic> adultery and the business <add>problem</add><lb/>is done. <add>is accomplished.</add> In the Lutheran state of Denmark divorces<lb/>are also permitted for adultery on either<lb/>side, unless <add>what is called</add> collusion can be proved : <note>for a double reason<lb/>has the effect of none:<lb/></note> <del>as also</del> <add>as also</add><lb/>for <sic>malitious</sic> desertion, and for other <del>reasons.</del> causes. <note>Leges Danicæ Hoeylsini<lb/> Hauniæ 1760. L. III<lb/>c. 16. § 15, 16.<lb/></note> In<lb/>the <del>Catholic</del> Lutheran and Calvinistical states<lb/>of the Prussian dominions divorces are permitted<lb/>for various causes of which incompatibility of<lb/>tempers is one. In the Calvinistic state of Geneva<lb/>I have been told that in practise divorces are permitted<lb/>for the same cause: but in the laws I<lb/><del><gap/></del> find no other causes specified than adultery<lb/>on either side or desertion. <note>Loix de Geneve ordinances<lb/>Ecclesiastiques. Ch: 9,<lb/>11.<lb/></note> In [the Calvinistical <add>Presbyterian</add><lb/>church <add>state</add> of] Scotland divorce is permitted for adultery<lb/>on either side. In England <note>the matrimonial knot<lb/>is tied with a degree of<lb/>strictness which in every<lb/>other Protestant country<lb/>is unknown.<lb/></note> Divorces are<lb/>granted for no other cause subsequent to the<lb/>marriage than the adultery of the wife, and<lb/>then upon terms which none but the rich are<lb/>able to come up to: and the unwieldy body of<lb/>the legislature must go through its evolutions<lb/><del>every</del> as often as any such arrangement is made<lb/>in the <del>trifling</del> <add>petty</add> concerns of individuals.<lb/></p><pb/> | |||
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22
Indirect Legislation
Satisfying
Facilitating divorces
In Catholic countries marriages are in generally regularly
indissoluble: divorces are granted in very extraordinary
cases, generally upon some false pretence or other,
by the Pope. In the Lutheran state of Prussia
Sweden divorces are permitted without difficulty,
for adultery on either side. Codex Leg. Suecicarum,
Holmiæ 1743. Tit. de
jure matrim: cap. 13
This comes nearly to the same
thing as if the marriage was render'd dissoluble
at any time by joint consent; since they have
had but to but to agree that one of them, the man for instance, shall committ adultery and the business problem
is done. is accomplished. In the Lutheran state of Denmark divorces
are also permitted for adultery on either
side, unless what is called collusion can be proved : for a double reason
has the effect of none:
as also as also
for malitious desertion, and for other reasons. causes. Leges Danicæ Hoeylsini
Hauniæ 1760. L. III
c. 16. § 15, 16.
In
the Catholic Lutheran and Calvinistical states
of the Prussian dominions divorces are permitted
for various causes of which incompatibility of
tempers is one. In the Calvinistic state of Geneva
I have been told that in practise divorces are permitted
for the same cause: but in the laws I
find no other causes specified than adultery
on either side or desertion. Loix de Geneve ordinances
Ecclesiastiques. Ch: 9,
11.
In [the Calvinistical Presbyterian
church state of] Scotland divorce is permitted for adultery
on either side. In England the matrimonial knot
is tied with a degree of
strictness which in every
other Protestant country
is unknown.
Divorces are
granted for no other cause subsequent to the
marriage than the adultery of the wife, and
then upon terms which none but the rich are
able to come up to: and the unwieldy body of
the legislature must go through its evolutions
every as often as any such arrangement is made
in the trifling petty concerns of individuals.
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Identifier: | JB/087/073/002"JB/" can not be assigned to a declared number type with value 87. |
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jeremy bentham |
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