Cruelty in English Divorce: Some Empirical Findings  

Oleh:

Chester, Robert

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Journal of Marriage and the Family vol. 34 no. 04 (Nov. 1972), page 706.

Isi artikel

Cruelty was a specific ground for divorce in England from 1938 to 1970, and was important to women, who monopolized its use. The judicial construction of cruelty requires actual or apprehended danger to life, limb or health, but leading decisions and judicial pronouncements indicate that courts came to have less restrictive interpretations than formerly. In particular, neither physical abuse nor malign intent were ultimately necessary to establish cruelty.Despite this, analysis of a sample of modern cruelty petitions suggests that these predominantly rely on physical violence, which is long-established as legal cruelty. That women seemingly do not take advantage of the courts' responsiveness to pleas of nonviolent cruelty is provisionally explained as an aspect of legal strategy.

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