Situacionismo jurídico e indisolubilidad del matrimonio

Abstract

In the creation of the divorcist menta lit y, apart from other factors of many kinds, a special influence must be attributed to modern situation ethics and legal pragmatismo With regard to the indissolubility of marriage, this phenomenon opposes itself to the postulate that marriage ought to be, without exception, indissoluble, and accuses this viewpoint of the mistake of all doctrinaire formalism, namely, having to sacrifice persons to one's principIes in many individual cases. Starting with the «nominalism of values», situation ethics develops a method of obtaining juridical and ethical solutions in concrete cases, and refuses to make nay positive or negative assessment a priori of divorce: only the particular situation determines its possible justice or injustice. In the present work the author analyses the situation method, starting from its fundamental postulates and demonstrates their inconsistency and internal contradictions. The indissolubility of marriage is not an externally imposed condition, almost impossible to fulfill and therefore without meaning, but a guiding precept that corresponds to the real nature of marriage and which as a result can be imposed (as it ought to be) in all cultural. historie or biographica( situations.