Divorce in Poland or About the Helplessness of the Law

Abstract

The author discusses the issue of divorce from legal, demographic, and sociological points of view. In his analysis, he refers to the excellent book published 40 years ago by the prominent Polish demographer Edward Rosset titled ‘Divorces’. The publication of this book was a scientific event, since, except for the authorities of the Catholic Church, at that time no one had criticised divorce so strongly and unequivocally. Therefore, the paper presents E. Rosset’s views in detail, especially the breadth of his scientific reflections, emphasising the diverse scientific perspectives from which criticism of divorce was articulated. Against the backdrop of this criticism, E. Rosset also formulated ideas of what should be done to prevent divorce. For him, divorce was a very pressing issue, so the book has a slightly alarmist tone. To battle divorce, E. Rosset emphasised its pedagogical aspects and consequences. He considered it necessary for schools and parents to educate children and young people to respect the family, marriage, and parenthood. He also paid a lot of attention to the law, pointing out the need to create regulations more restrictive than those in force at the time. He was fully aware that the content of the law was important but wished to highlight that sometimes the way it is implemented is more important. Therefore, he strongly, and with good reason, criticised the liberal attitudes of judges.

The author then proceeds to present the legal and quantitative evolution of divorce after the 1989 breakthrough in Poland. He admits that modern law contains mechanisms in favour of the permanence of marriages, yet courts do not resort to them, instead ruling out more and more divorces nowadays. The author concludes that the transformation of civilisation is too profound, and it cannot be prevented even with the best scientific diagnoses and legal solutions.