- The 'Divorce Revolution': the no-fault divorce
- The economics of the no-fault divorce
- But does divorce law affect divorce rates?
Marriage is a specific kind of contract "based upon a voluntary private agreement by a man and a woman to become husband and wife?. So in a sense, marriage is a contract like another one, the only difference being that the two contracting parties are strictly determined by the law as "only a legal union between one man and one woman as husband and wife".
In the beginning, the American family law was influenced by the "Christian conception of marriage as a sacrament, a holy union between a man and a woman". Thanks to its power, Christianity indeed managed to make its rule the law of Britain and later, the law of the United States. In this context, divorce was almost impossible because the Christian idea was that marriage is an "indissoluble union". However, with mounting pressures from different groups, some states in America decided to authorize divorce as soon as the beginning of the 19th century.
[...] Paul, Minn.: West Publishing Co Max RHEINSTEIN. Marriage Stability, Divorce, and the Law. Chicago: University of Chicago Press Anthony DNES, Robert ROWTHORN. The Law and Economics of Marriage and Divorce. New York: Cambridge University Press p.192. Roderick PHILLIPS. Untying the knot. A short History of Divorce. New York: Cambridge University Press p Anthony DNES, Robert ROWTHORN. The Law and Economics of Marriage and Divorce. New York: Cambridge University Press p.192. Max RHEINSTEIN. Marriage Stability, Divorce, and the Law. Chicago: University of Chicago Press Robert [...]
[...] For instance, at a specific time, a change in the divorce rates could be caused more by a change in tax rates than by a change in divorce law. Bibliography - Richard POSNER. Economic Analysis of Law. Boston: Little Brown and Company (cf. Chap on Family Law) - Anthony DNES, Robert ROWTHORN. The Law and Economics of Marriage and Divorce. New York: Cambridge University Press - Roderick PHILLIPS. Putting asunder. A history of divorce in Western society. New York: Cambridge University Press - Margaret F. BRINIG. From Contract to Covenant. Beyond the Law and Economics of the Family. Cambridge: Harvard University Press - Max RHEINSTEIN. [...]
[...] So now I have analyzed the economics of the at-fault divorce system and of the no-fault divorce system. These past years, some law and economics scholars have argued that divorce laws don’t matter and that whatever the law is divorce rates will not change. That’s why I would like to turn now to a discussion on whether divorce laws influence divorce rates. III. But does divorce law affect divorce rates? Several studies have pointed out that divorce laws had no effect on divorce rates. [...]
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