Fault-based divorce law produced collusive perjury in court

Evidence

Divorce existed, but it was never easy. And divorce by mutual consent: that was simply not allowed. Divorce was in form a lawsuit, an adversary proceeding. An innocent and virtuous spouse sued an evil or neglectful partner. The defendant had to be at fault; there had to be “grounds” for the divorce. If not, then no divorce. Later in the century, the collusive or friendly (or perjured) divorce came to dominate the proceedings in the lower courts. Divorce suits became a show, a charade, a tournament of lies. — Lawrence M. Friedman, A History of American Law, 1151

Categorization

• XREF: connects to: Complex law makes adjudication reward legal skill over just causes — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4254; Literal application of legal rules sometimes produces absurd against-purpose outcomes — Frederick Schauer, Thinking Like a Lawyer, 284; Jurors displace guilt onto the legal system’s decisions — Albert Bandura, Moral Disengagement: How People Do Harm…, 2001 (+1 more)

Broader Connections

• Literal application of legal rules sometimes produces absurd against-purpose outcomes #exemplifies (0.80) — Frederick Schauer, Thinking Like a Lawyer, 284
• Complex law makes adjudication reward legal skill over just causes #exemplifies (0.72) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 4254
• Jurors displace guilt onto the legal system’s decisions #exemplifies (0.70) — Albert Bandura, Moral Disengagement, 2001