The divorce laws of an earlier era were one part of a complex social institution with mutually reinforcing norms and a fairly elaborate system of punishments and rewards. People were encouraged to stay in marriages because divorce was difficult — but it is at least as important that divorce was heavily stigmatized. Even more important is the energy society spent encouraging people to get married in the first place — not just with the gauzy dreams of wedding gowns and perfect babies that help sustain the institution today, but also with a complicated system of carrots and sticks that have now completely vanished. Old maids were stigmatized; women who had babies out of wedlock were shunned. Marriage was the only socially permitted way to cohabit and, for that matter, often the only legal way to do so: Landlords didn’t like renting to people who were shacking up, and hotels that rented to rooms to openly unmarried couples risked being indicted as brothels. On the positive side, getting married often meant a raise for a man, and for both parties, it constituted instant admission to adulthood.
In short, the legal system of yesteryear didn’t have to worry that harsh divorce laws would discourage marriage entirely; any marriages that they did discourage probably shouldn’t have happened. But people would continue to get married, because there wasn’t any viable alternative for the majority of people who wanted to live on their own and raise a family without the neighbors talking — or calling the vice squad. In the same way that European politicians didn’t have to worry about bad incentives during the immediate postwar boom years, when anyone who could breathe and carry a tool bag could get a job. When the boom weakened, however, the laws intended to shore it up instead kicked out more of the props underneath the job market.
We might well find the same story with no-fault divorce. Even if you accept the premise that marriage needs to be strengthened — which I do! — and even if you accept the premise that the state therefore has a right to force people to stay married, which is a bigger stretch, I’m not sure that the state should. As conservatives are fond of noting, societies, like economies, are very complex organic systems. We do not understand them, much less control them with a few simple tweaks.
Megan McArdle, “Can Limiting Divorce Make Marriage Stronger?”, Bloomberg View, 2014-04-16
December 1, 2014
QotD: Marriage and divorce
Comments Off on QotD: Marriage and divorce
No Comments
No comments yet.
RSS feed for comments on this post.
Sorry, the comment form is closed at this time.
