
A History of Matrimonial Institutions, Vol. 3 of 3
1904
This is the third volume of George Elliott Howard's monumental study of how societies have regulated the most intimate of human institutions. Published in 1904, this volume excavates the legal architecture of marriage and divorce in England and America, tracing the long journey from divorce as a legislative privilege reserved for the wealthy, to a judicial process accessible to ordinary citizens. Howard meticulously maps the expansion of divorce grounds from the strict biblical adherence to adultery as the sole legitimate cause, through the contentious additions of cruelty and willful desertion, to the emerging question of incompatibility. The book reveals how these legal transformations reflected and shaped profound shifts in societal values around gender, property, religion, and individual freedom. By examining how each American state developed its own distinctive divorce regime, Howard demonstrates that the marriage question was never settled, only perpetually negotiated across class, religious, and regional lines. For legal historians and anyone curious about how our modern understanding of marriage and its dissolution came to be, this remains an indispensable excavation.

