Divorce Law and Misuse of Statistics
By: Andrew
Ruth Deech in her speech criticized the role of empirical research in the field of law, she claimed that 1966 Report and 1988 showed the well-grounded set of proofs that breakdown rates and divorce law have different existences and that consequently an increase in the divorce is not obligatory to be regretted. Commissioners always condemned the established social factors: lack of lodging, marriage in a youth age, emancipation etc. In spite of the fact that relations between law and breakdown rates are not straightforward, gullibility is strained if one persists to absolve law itself of any effect. So, is law really not relevant to the rates of breakdown, as some claim? If it is really so, then why does it need any changes?
Over and over again reforms have told people that certain amendments in law have to be moved in order to align it with the reality and that concerted edicts are being obtained without proper inquiries. Hence, in case of relying on any previous research there should be undertaken a serious examination of this research before using it in a new situation.
It is evident that reports of the law commission suffer from several dangers when it comes to the application of statistics data in family law. One of those dangers is that they are selective. The reports of the two law commissions concerning divorce have applied only those materials which detach breakdown rates of marriage and the law, and have omitted the information which relates them and stated that divorce exerts a bad influence on the parties and children. The law commission claims that marriage is prosperous because of the popularity of remarriage. What is the most scandalous is that the fact that remarriages are more predisposed to divorces than first marriages was dismissed to a footnote.
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