New-York tribune., 1882-02-17


DIVORCE AND DIVORCE LEGISLATION dn the
Cuted States). BY THEODORE ID. WOoISEY Second
Edition. 12mo. PIP. 32S New-York: Charles Serb
ners Sons.
Professor Woolseys essay on divorce legislation
is au instructive and valuable contribution in aid
of the growing effort for an Improvement in the
divorce laws. Learning, candOr and conscientious
ness are conspicuous in it throughout. Professor
Woosey, as would naturally be expected from an
Evangelical clergyman, espouses what has been
often termed the Scriptural dOctrine-that there
cannot Iightfuly be divorce authorizing either
party to marry again. with the single exception
that when the decree is founded upon actual infde
ity the innocent party may contract a second mar
riage. The leading motive of the present volume
appears to he TO urge that the civil law shOuld
turn to this standard; recommended alike by
divine authority, ethical reasons, and sad expert
ence of the results of straying from it. After
having given brief but instructive review
Of Hebrew. Grecian and Roman laws and
customs, the author sums the teachings of
the Bible thus: That legal divorce does not in
the view of God and according to the correct rule
of morals authorize either husband wife thus
separated to marry again. with the single exception
that when the divorce occurs account of sexual
crime he innocent party may without guilt con-
tract second marriage" He says that the great
body of Christian communities throughout the
world are at one III these points: l. That Christ
has confined the procurement of divorce with the
power to marry again to those innocent parties
against whom adultery has been committed but, 2,
that separation is lawful TO those who have
been deserted" He condemns the view advocated by
some writers that deserted cOnsOrt may contract
a second marriage. The sOundness and general eX-
pediency of this entire doctrine are reinforced i'll
his volume by accounts Of the evils of freer divorce
among the Greeks and Romans, also among the
Hebrews under the wel-known bill of divorce
mentD law of Moses. He says that whether any
particular form of this bill customary, have
no means of knowing" translation of one
of the old forms may, however, be found
in l Maddens Thelyphthora Q4ondon, 1850,
D. 368 He gives an elaborate review of the
doctrine of divorce in the New Testament
and the practice which prevailed in the
early Christian Church, accompanied by ac-
counts always interesting, often quite specific of di
vorce laws in Europe since the Reformation, tending
generally TO indicate that axatiOns of the mar
riace tie have not diminished, but have generally
been accompanied by increase of general immortality;
by similar accounts of the conflicting and unsatis-
factory laws prevailing in the various States in the
Union; and by such statistics of divorces granted
in leading States during recent years which suggest
If they do not prove the idea that about one III eight
of American married couples are divorced.
The author might have drawn many Illustrations
of his somewhat sOmbre view of the evils suffered
in this country from the discOrdant and often lax
legislation which prevails from the published mar
ratives of divorce suits in the various courts These
he has ignored. His views of the legal aspects of
the subject such may be derived from a very
general and uprofcssiona examination of the statute
books, aided by some correspondence with lawyers.
One or two antique divorce suits which have ac-
qured historic interest are mentioned, such as the
divorces of Henry VIII and Foljambes case in
the Star Chamber in Queen Elizabeth's reign; but
nothing is said OF the general current of decisions in
English aud American courts during recent years
They would strongly coToborate many of the au-
thor's opinions.