QUOTE (AK_WDB @ Oct 28 2009, 07:48 PM)

QUOTE (Research Monkey @ Oct 28 2009, 04:33 PM)

I just wrote an English paper advocating the liberalization of divorce law, quoting studies done by behavioral economists from MIT, statements from Dr. Gary becker on the application of the Coase Theorem to divorce scenarios, and how the predominant values of our nation's present moral philosophy, permeated by Christian values, trace their belief systems back to Aristotle, who would have explicitly stated the lack of true virtue in the alternative decision structure caused by further regulation of divorce. And I mentioned King Henry the VIII.
You should elaborate on this, because my gut reaction is to think that divorce laws should be much, much stricter, but you are clearly better informed than me and I would like to hear your argument.
I'll link you a final draft once I revise what I have, but to quote some key points, sans my rhetoric:
QUOTE
For any action to occur, marriage and divorce included, there must be some level of self-interest or cooperative interest at work. Nobel Prize winning economist Gary Becker argues that in scenarios involving divorce, individuals do just that. Quoting an economic theory called the Coase Theorem, Becker states that regardless of the legal barriers placed on marriage, the two parties involved will reach the same agreement that is in their mutual best interests. Expanding on this concept further, Northwestern University Law Professor Abraham Wickelgren explains that the liberalization, or loosening, of divorce laws from mutual consent divorces to unilateral divorce have a significant effect on how people interact in relationships based on the incentives available to them. Dr. Wickelgren states that “the different default rules change the direction of the compensation in marital bargaining. Under consent divorce, the default rule is that a married couple stays married. Thus, if one spouse wants a divorce and the other does not, the spouse that wants a divorce has to compensate the other to obtain a divorce. By contrast, under unilateral divorce, the default is divorce; the spouse who wants to stay married now has to compensate the other spouse to prevent a divorce.” In practical terms, this means that individuals will see one of two sets of incentives, depending on the structure of divorce laws. If both partners are required to dissolve a marriage, then neither partner is incentivized by the chance to improve their marriage to ensure they will avoid a divorce. However, under a liberalized legal framework, the incentive structure actually rewards partners for “cooperative investing” in the marriage, and trying to avoid divorce by attempting to resolve points of friction in the relationship. Though many people believe that by easing access to divorce, the meaning and value of marriage (both religious and secular) is diminished, it is clear that ultimate value of a relationship can only be determined by married couples for themselves. Only by transfer of responsibility to the married individuals can put the decision-making process into the hands of the individuals where it belongs. Between Dr. Wickelgren's analysis and the Coase Theorem, it is clear that a consent system of divorce does not prevent divorces from occurring because the transaction costs involved are negligible, and a unilateral system of divorce actually strengthens the institution of marriage, encouraging married people to put forth effort to maintain their marriages.
and
QUOTE
Economist Justin Wolfers of the Massachusetts Institute of Technology set out to look for such data by examining the trend in crimes where a spouse was the victim following the switch in various states from consent divorces to a unilateral system. Dr. Wolfers' conclusion states that “Examining state panel data on suicide, domestic violence, and murder, we find a striking decline in female suicide and domestic violence rates arising from the advent of unilateral divorce. Total female suicide declined by around 20 percent in the long run in states that adopted unilateral divorce.”
This is all my work, y'all. So cite me, smurfs.
(I left out my appeal to value although it was a "value essay," simply because that's not empirical, so it doesn't really have much place here.)