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The Discussion About the Extension of Divorce in the Netherlands, 1870-1970

The Discussion About the Extension of Divorce in the Netherlands, 1870-1970 311 THE DISCUSSION ABOUT THE EXTENSION OF DIVORCE IN THE NETHERLANDS, 1870-1970 by AREND H. HUUSSEN JR. (Groningen)* The law of divorce has, to a greater or lesser extent, become a mockery throughout the modern Western world W. Friedmann1 In 1971 Dutch state law on divorce was converging to a high degree with the legal model of this subject in other Western societies. Nevertheless the starting point about 1800 in the Netherlands was quite different in comparison with coun- tries such as France and England2. Moreover, the legal development shows some specific Dutch characteristics during the nineteenth and twentieth centuries. Most of the authors who demanded an extension - or liberalization - of the legal causes for divorce, argued that the frequency of divorce would not much increase and that its influence on the family would be beneficial. It is the purpose of this article to sketch the main lines of the development of matrimonial law and to present some tentative explanations for the claimed specific characteristics and convergence. The validity of the arguments of the advocates of extension of divorce will be verified3. 312 I In the Republic of the Seven United (sovereign) Provinces which declared itself http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit Brill

The Discussion About the Extension of Divorce in the Netherlands, 1870-1970

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Publisher
Brill
Copyright
© 1995 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0040-7585
eISSN
1571-8190
DOI
10.1163/157181995X00158
Publisher site
See Article on Publisher Site

Abstract

311 THE DISCUSSION ABOUT THE EXTENSION OF DIVORCE IN THE NETHERLANDS, 1870-1970 by AREND H. HUUSSEN JR. (Groningen)* The law of divorce has, to a greater or lesser extent, become a mockery throughout the modern Western world W. Friedmann1 In 1971 Dutch state law on divorce was converging to a high degree with the legal model of this subject in other Western societies. Nevertheless the starting point about 1800 in the Netherlands was quite different in comparison with coun- tries such as France and England2. Moreover, the legal development shows some specific Dutch characteristics during the nineteenth and twentieth centuries. Most of the authors who demanded an extension - or liberalization - of the legal causes for divorce, argued that the frequency of divorce would not much increase and that its influence on the family would be beneficial. It is the purpose of this article to sketch the main lines of the development of matrimonial law and to present some tentative explanations for the claimed specific characteristics and convergence. The validity of the arguments of the advocates of extension of divorce will be verified3. 312 I In the Republic of the Seven United (sovereign) Provinces which declared itself

Journal

The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du DroitBrill

Published: Jan 1, 1995

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