It is true, a high divorce-rate has been a symptom of a decadent race, but on the other hand it does not necessarily follow that a deteriorating race is characterized by a high divorce-rate, or that a high divorce-rate signifies a retrogressive people. It may be a symptom of a decline of moral conceptions, but it may also mean a higher conception of morality, and a decline of respect for property rights in women. The frontiersman is not inspired with the same awe of wealth as the man who remained at home in a settled community; and his moral conceptions tend to conform less to tradition and custom and more to his own individual conscience.
Howard says, “Divorce is a remedy and not the disease. It is not a virtue in a divorce law, as it appears to be often assumed, to restrict the application of the remedy at all hazards, regardless of the sufferings of the social body. If it were always the essential purpose of a good law to diminish directly the number of bona fide divorces, the more rational course would be to imitate South Carolina and prohibit divorce entirely. Divorce is not immoral. It is quite probable on the contrary, that drastic, like negligent, legislation is sometimes immoral. It is not necessarily a merit, and it may be a grave social wrong, to reduce the legal causes for a decree to the one ‘scriptural’ ground.”[98]
Divorce is an expression of revolt. It may be an expression of revolt against conditions imposed by one individual upon another, or against a position of inferiority in the family group imposed upon women by tradition. Instead of a wide spread incompatibility of temperaments of two individuals held together by wedlock, the incompatibility may exist in part between the social institution called “the home” and the ideas and ideals of a democratic community.
The entire social atmosphere outside the home—whether in the school or in the club, or in any other social group aims to inspire an individualization and socialization in harmony with high moral precepts. We are living in an age when the individual counts as an important part of the social groups of which he is a member, and some vital matter must be at stake when the individual is required to sacrifice himself against his will for the good of the community.
Women have been considered the property of their husbands for so long that an initiative on their part, disturbing the stability of the conjugal bond is viewed by many as a symptom of rampant anarchy. What it does indicate is a marked growth in the rights of women, and a tendency for these rights, especially economic rights, to approach the plane of the rights of men.
If the present tendency to divorce is a superficial phenomenon only, measures ought to be taken to check it. But if it is vital, and has its roots deep down in our social order, it cannot be checked by mere repression without perpetrating a grave social wrong.
There are no historical facts enabling us to predict the outcome. Divorce in the past was a masculine institution and worked great hardships upon women and children. It was the rich and not the poor, the men and not the women who enjoyed the privilege of breaking the marriage bond. To counteract its evil influences, all social institutions combined in impressing upon man the necessity of accepting his family responsibilities out of justice to his wife, his children and the community. So long has the lesson been impressed that many men consider it a grave moral responsibility to remain as a protector of their families. Such is not the case with women. No matter how great their industrial burdens in the home, the past taught them submission, and not responsibility. All their training—other than industrial—had as its goal accomplishments that in nowise involved responsibilities. Whatever industrial responsibilities the home imposed upon them, the business world of today has largely freed them from. This economic situation is leaving an increasing number of women without the discipline of work or necessity. This lack of responsibility on the part of women may be in part a reason why they more often than men seek a divorce. Many women are showing by their unselfish public spirit an appreciation of the importance of the social forces dealing with the care and the protection of children. In their social capacities they are working out many of the social problems dealing with all humanity, as well as the problems of their sex alone. Many of the serious problems, especially those bearing directly upon the home, the relations of husband and wife, and mother and children, will be solved in time—not by our law makers alone but with the co-operation of women.
It is true many of our cherished traditions and customs are in grave danger of complete annihilation. If this destruction is to be brought about by the baser elements in human nature—the love of sensual ease, dissipation and depravity—our civilization is indeed in danger. But if the motive power is the love of freedom as against the needless sacrifice of the individual—a desire to give expression to creative instincts which are alike in men and women—there exist signs that out of the alarming confusion will arise something better, and more conducive to a progressive civilization.
FOOTNOTES:
[95] Willcox.