"Instead, I think over the years we have cut the strength of marriage and relationships by the law and weakened the institution. We have tried to deal with relationships with no-fault divorce, with child custody, with so many other avenues; and it has not helped"
About this Quote
There is a soldier’s instinct in Murphy’s complaint: if you want a structure to hold under pressure, you don’t sand down its load-bearing beams and call it progress. He frames marriage less as romance than as civic infrastructure, and he reads legal reform the way a battlefield commander reads a weakened fortification. “By the law” is the tell. The enemy, in his telling, isn’t passion or human frailty; it’s the state’s attempt to rationalize intimacy into procedures and exits.
The rhetoric leans on institutional language - “strength,” “weakened,” “the institution” - to smuggle a moral argument into what sounds like an administrative one. “No-fault divorce” and “child custody” are named like tactical maneuvers that were supposed to reduce harm but instead produced new vulnerabilities: incentives to leave, litigate, and treat family life as a set of negotiable claims. The subtext is a fear that once marriage becomes governable by flexible rules, it becomes psychologically optional, and once it’s optional, it stops doing its social job: binding adults to long-term responsibility, especially around children.
Context matters because the quote feels anachronistic for someone who died in 1818. The phrasing belongs to late-20th-century legal debates, when no-fault divorce and modern custody regimes became cultural flashpoints. Read charitably, it’s a conservative diagnosis of unintended consequences: reforms meant to reduce conflict might instead normalize dissolution and bureaucratize care. Read skeptically, it’s also a nostalgia for constraint - a belief that making it harder to leave is the same thing as making it better to stay.
The rhetoric leans on institutional language - “strength,” “weakened,” “the institution” - to smuggle a moral argument into what sounds like an administrative one. “No-fault divorce” and “child custody” are named like tactical maneuvers that were supposed to reduce harm but instead produced new vulnerabilities: incentives to leave, litigate, and treat family life as a set of negotiable claims. The subtext is a fear that once marriage becomes governable by flexible rules, it becomes psychologically optional, and once it’s optional, it stops doing its social job: binding adults to long-term responsibility, especially around children.
Context matters because the quote feels anachronistic for someone who died in 1818. The phrasing belongs to late-20th-century legal debates, when no-fault divorce and modern custody regimes became cultural flashpoints. Read charitably, it’s a conservative diagnosis of unintended consequences: reforms meant to reduce conflict might instead normalize dissolution and bureaucratize care. Read skeptically, it’s also a nostalgia for constraint - a belief that making it harder to leave is the same thing as making it better to stay.
Quote Details
| Topic | Divorce |
|---|---|
| Source | Help us find the source |
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