American marriage laws in their social aspects : a digest / by Fred S. Hall and Elisabeth W. Brooke.

  • Hall, Fred S. (Fred Smith), 1870-1946.
Date:
1919
Catalogue details

Licence: Public Domain Mark

Credit: American marriage laws in their social aspects : a digest / by Fred S. Hall and Elisabeth W. Brooke. Source: Wellcome Collection.

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    Every thoughtful social observer must realize soon or late that good laws do not guarantee good societies, good homes or good characters. The most that en- lightened legislation can accomplish is to furnish certain external conditions and influences favorable to wholesome social life in one or more of its multiform phases. Beyond this it can do little. But to secure wise and equitable conditions of life is one of the most essential functions of government. A wide field for beneficent legislation therefore remains; and although mor- ality “‘ can not be legislated into a people,”’ it is precisely by wise measures of this character that the lawmaker can render powerful aid in the creation of an envi- ronment favorable to moral and social progress.” It is in the spirit expressed in the above paragraphs that the recommendations of these writers have been assembled and pre- sented here in summary form. I. COMMON LAW MARRIAGES All four authorities urge that common law or non-ceremonial marriages be explicitly declared null and void. Such marriages are still recognized in 26 states, and possibly are valid in six other states in which their exact status has not been clearly settled.® Since courts have frequently reversed themselves on the subject, it is urged that the status of such marriages be made sure by statu- tory enactment. For reference to the changes in the situation in the last 15 years due to the passage of new laws or to court decisions, see page 32. Common law marriage as an American practice has its origin in the English common law, though it has been forbidden by English statute for over 150 years. What alliances of this sort are, or may be, has been expressed in many judicial opinions. Among them the following may be quoted: It is sufficient if the acts and declarations of the parties, their reputation as married people, and the circumstances surrounding them in their daily lives, naturally lead to the conclusion that, although they began to live together as man and mistress, they finally agreed to live together as husband and wife. (Gall v. | Gall, 114, N. Y. 109, 118; 21 N. E. 106, 109.) i These loose and irregular contracts, as a general thing, derive no support from morals or religion, but are most generally founded in a wanton and licentious co- v. Dennison, 35 Maryland 380.) * Goodsell, Willystine: A History of the Family as a Social and Educational Institution, p.536sq. New York, The Macmillan Co., 1915. 2 Howard, Matrimonial Institutions, p. 203. 3 For the list of states, see p. 31 (2).