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No-fault divorce
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No-fault divorce is a divorce in which the dissolution of a marriage does not require a showing of wrongdoing by either party.[1][2] Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to provide evidence that the defendant has committed a breach of the marital contract.
Contents
[hide]
1 History
2 Controversy
2.1 Arguments for no-fault divorce
2.2 Arguments against no-fault divorce
3 Laws by country
3.1 Australia
3.2 Canada
3.3 China
3.4 Malta
3.5 Mexico
3.6 Russia
3.7 Spain
3.8 Sweden
3.9 United States
3.9.1 Requirements for divorce prior to the enactment of no-fault divorce
3.9.2 Methods for bypassing the showing-of-fault requirements for divorce
3.9.3 Advocates for eliminating the showing-of-fault requirements for divorce
3.9.4 California's Family Law Act of 1969
3.9.5 The Uniform Marriage and Divorce Act
3.9.6 The adoption of no-fault divorce laws by the other states
4 See also
5 References
History[edit]
The first modern no-fault divorce law was enacted in Russia in December 1917 following the October Revolution of the same year. Regarding marriage as a bourgeois institution, the new government transferred divorce jurisdiction from the Russian Orthodox Church to the state courts, which could grant it on application of either spouse.[3][4] A new family code was passed in 1926.[4][5]
With a law adopted in 1969, California became the first U.S. state to permit no-fault divorce.[6] California's law was framed on a roughly contemporaneous effort of the non-governmental organization National Conference of Commissioners on Uniform State Laws, which began drafting a model of no-fault divorce statute for states to consider in 1967.[7]
Australia established no-fault divorce in 1975, with the only ground for divorce being irretrievable breakdown of marriage, evidenced by a twelve-month separation. Canada effectively permitted no-fault divorce in 1986 by reducing the separation period to one year.
Controversy[edit]
Arguments for no-fault divorce[edit]
Several studies have looked at the effect of no-fault divorce on divorce rates in the United States. The studies typically find an increase in the short-term rate, but little long-term causal relationship. The most frequent explanation given is that the older laws were ineffective and not followed anyway, though there are some differing viewpoints.[8][9] Economists Betsey Stevenson and Justin Wolfers, based on findings in their research, argue that domestic violence and female suicide decline in states that legalize no-fault divorce.[10] Specifically, they report that "states that adopted no-fault divorce experienced a decrease of 8 to 16 percent in wives' suicide rates and a 30 percent decline in domestic violence."[11] They also argue that their research proves that there is no permanent effect of no-fault divorce laws on divorce rates.[10]
Stephanie Coontz, a professor of history at Evergreen State College, states that "in the years since no-fault divorce became well-nigh universal, the national divorce rate has fallen, from about 23 divorces per 1,000 married couples in 1979 to under 17 per 1,000 in 2005."[11] She adds that "once you permit the courts to determine when a person's desire to leave is legitimate, you open the way to arbitrary decisions about what is or should be tolerable in a relationship, made by people who have no stake in the actual lives being lived."[11]
A 2010 New York Times editorial said that New York was "the only state where a court must find fault before granting a divorce unless the spouses have lived apart for a full year under a formal separation agreement — a proven formula for inviting false testimony, endless litigation and generally making divorce far more painful than it needs to be."[12] Later that year, New York became the final state to allow no-fault divorce. Lawyer L.M. Fenton states that "Feminist holdouts against New York's new [no-fault divorce] bill don't understand how family law affects women today", adding: "It also mystifies me that spouses could still, even in 2010, be forced to stay married to someone who refused to let go."[13] She adds:
Fault-based grounds usually include mental cruelty, but true mental cruelty has a psychological component that can make it very difficult for the abused spouse to articulate that abuse. More to the point, the abused spouse may be terrified to describe the relationship on paper and testify about it in a court. And of course, a controlling partner will always choose the path of most resistance to whatever it is that the other spouse wants.[13]
The state adopted no-fault divorce later that year.
Arguments against no-fault divorce[edit]
The National Organization for Women opposed the introduction of no-fault divorce in New York State because it would allow a party who actually is at fault to obtain a divorce in which "alimony, maintenance [and] property division" would be determined without the judge considering "the facts, behavior and circumstances that led to the break-up of the marriage".[14]
A paper published in the Harvard Journal of Law and Public Policy, written by Douglas Allen, on the economics of same-sex marriage, argues that the introduction of no-fault divorce led to a six-fold increase in just two years, after a century of rather stable divorce rates. Also, the law increased the rate at which women entered the workforce, increased the number of hours worked in a week, increased the feminization of poverty, and increased the age at which people married.[15]
Stephen Baskerville, a political scientist at Howard University, argues that no-fault divorce rewards wrongdoers, reduces the need of marital binding agreement contracts at the public's expense, and helps women take custody of their children at the husbands' expense in many cases where the man has done nothing wrong. He also adds that a ban on divorce will not work, because people will separate themselves and be in a permanent state of adultery, or they will create a hostile home environment for the children.[16][17]
Laws by country[edit]
Australia[edit]
Main article: Australian family law
Australia's laws on divorce and other legal family matters were overhauled in 1975 with the enactment of the Family Law Act 1975, which established no-fault divorce in Australia. Since 1975, the only ground for divorce is irretrievable breakdown of marriage, evidenced by a twelve-month separation. However, a residual "fault" element remains in relation to child custody and property settlement issues.
Canada[edit]
Prior to 1968, the only grounds for divorce were adultery or cruelty. However, in 1968, the Divorce Act was amended to permit divorce for other reasons, including physical and mental cruelty and separation for at least 3 years. The Divorce Act was amended in 1986 to reduce the separation period to one year, with no requirement to prove "fault" by either spouse. The fault grounds for divorce are also available.
China[edit]
China has allowed no-fault divorce since the adoption of the New Marriage Law in 1950. No-fault divorce has become much more common since the 1980s. The current marriage law provides that divorce shall always be granted if sought by both husband and wife. Divorce is also granted if one party can present evidence of incompatibility, such as separation for at least 2 years.
Divorce may be granted either by court or by a marriage registration office. The latter can only do so when both parties have reached an agreement on child custody and property settlement.
Malta[edit]
A Maltese law permitting no-fault divorce went into effect in October 2011, following a national referendum on the subject. This was the first Maltese law permitting any kind of divorce.[18]
Mexico[edit]
In Mexico City, this type of divorce is legally known as divorcio incausado o sin expresión de causa and colloquially as divorcio exprés. The law was passed for the first time in Mexico City in 2008 and held constitutional by the Supreme Court, which in 2015 established that any state law requiring to prove the case for a divorce was unconstitutional.[citation needed]
Russia[edit]
No-fault divorce was introduced by the Bolsheviks following the Russian Revolution of 1917.[5] Before the Revolution, religious institutions tended to define family life. It was the ecclesiastical law of the various denominations that controlled the family, marriage, and divorce. For example, the official registration of birth, death, marriage, and divorce was the responsibility of the parish church. Under these non-secular laws, divorce was highly restricted (but always somewhat available, as no major religion in Russia completely disallowed divorce).
The 1918 Decree on Divorce eliminated the religious marriage and the underlying ecclesiastical law, replacing them with civil marriage sanctioned by the state. Divorce was obtained by filing a mutual consent document with the Russian Registry Office, or by the unilateral request of one party to the court. The divorce law under the Bolsheviks did not penalize the husband with alimony, child support, or debtor's prison for non-payment, as every individual was to be provided for by the state anyway. The two partners were entirely free of legal obligations to each other after divorce.
Spain[edit]
In Spain, this type of divorce is legally known as divorcio incausado or divorcio unilateral and colloquially as divorcio exprés.
Sweden[edit]
Swedish law does not include a showing-of-fault requirement for divorce. The couple can file for divorce together or one party can file alone. If one party does not wish to get divorced or if they have children under 16 living at home, there is a required contemplation period of 6 to 12 months. During this period, they stay married and the request must be confirmed after the waiting period for the divorce to go through.[19]
United States[edit]
See also: Divorce in the United States
California was the first U.S. state to pass a no-fault divorce law. Its law was signed by Governor Ronald Reagan and came into effect in 1970.[20] New York was the last state to pass a no-fault divorce law; that law was passed in 2010.[21][22]
Before no-fault divorce was available, it was common for spouses seeking divorce to allege false grounds for divorce. Removing the incentive to perjury was one motivation for the no-fault movement.[23]
The States of Wisconsin, Oregon, Washington, Nevada, Nebraska, Montana, Missouri, Minnesota, Michigan, Kentucky, Kansas, Iowa, Indiana, Hawaii, Florida, Colorado and California offer no grounds[clarification needed] such as adultery, abandonment or cruelty.[24]
Requirements for divorce prior to the enactment of no-fault divorce[edit]
Prior to the advent of no-fault divorce, a divorce was processed through the adversarial system as a civil action, meaning that a divorce could be obtained only through a showing of fault of one (and only one) of the parties in a marriage. This required that one spouse plead that the other had committed adultery, abandonment, felony, or other similarly culpable acts. However, the other spouse could plead a variety of defenses, like recrimination (essentially an accusation of "so did you"). A judge could find that the respondent had not committed the alleged act or the judge could accept the defense of recrimination and find both spouses at fault for the dysfunctional nature of their marriage.[25] Either of these two findings was sufficient to defeat an action for divorce, which meant that the parties remained married.[26]
In some states, requirements were even more stringent. For instance, under its original (1819) constitution, Alabama required not only the consent of a court of chancery for a divorce (and only "in cases provided for by law"), but equally that of two-thirds of both houses of the state legislature.[27] This requirement was dropped in 1861, when the state adopted a new constitution at the outset of the American Civil War. The required vote in this case was even stricter than that required to overturn the governor's veto in Alabama, which required only a simple majority of both houses of the General Assembly.[28]
Methods for bypassing the showing-of-fault requirements for divorce[edit]
These requirements could be problematic if both spouses were at fault or if neither spouse had committed a legally culpable act but both spouses desired a divorce by mutual consent. Lawyers began to advise their clients on how to create legal fictions to bypass the statutory requirements. One method popular in New York was referred to as "collusive adultery", in which both sides deliberately agreed that the wife would come home at a certain time and discover her husband committing adultery with a "mistress" obtained for the occasion.[29] The wife would then falsely swear to a carefully tailored version of these facts in court (thereby committing perjury). The husband would admit a similar version of those facts. The judge would convict the husband of adultery, and the couple could be divorced.
In many other states, especially California, the most popular allegation for divorce was cruelty (which was then unavailable in New York). For example, in 1950, wives pleaded "cruelty" as the basis for 70 percent of San Francisco divorce cases.[29] Wives would regularly testify to the same facts: their husbands swore at them, hit them, and generally treated them terribly.[29] This procedure was described by Supreme Court of California Associate Justice Stanley Mosk:
Every day, in every superior court in the state, the same melancholy charade was played: the "innocent" spouse, generally the wife, would take the stand and, to the accompanying cacophony of sobbing and nose-blowing, testify under the deft guidance of an attorney to the spousal conduct that she deemed "cruel."[30]
An even simpler practice for people living in states where divorce was difficult to obtain was to go "forum shopping." This meant one of the parties would move to another state where no-fault divorce was available, stay there long enough to become a resident, then file for divorce there. Nevada was extremely popular for this purpose as its residency period was only six weeks.[31] For some couples, if there really was no problem in settling the issues of their marriage, a weekend trip to Mexico was also an option. Or in some cases, a party deciding they wanted to marry someone else could combine a filing for divorce and a new marriage in one trip to Mexico. As no-fault became near-universal, the need to use Nevada or Mexico to evade restrictive divorce laws became less and less necessary.
Advocates for eliminating the showing-of-fault requirements for divorce[edit]
Many American lawyers and judges objected to the legal fictions used to satisfy the requirements for divorce, which were effectively rendering oaths meaningless and threatening to wreck the integrity of the American justice system by making perjury into a commonplace occurrence. As early as the 1930s, a treatise on American family law complained:
In divorce litigation it is well known that the parties often seek to evade the statutory limitations and thus there is great danger of perjury, collusion, and fraud . . . . In many cases no defense is interposed, and often when the case is contested the contest is not waged with vigor or good faith.[32]
In addition, advocates for no-fault divorce argued that the law should be changed to provide a straightforward procedure for ending a marriage, rather than forcing a couple who simply couldn't get along to choose between living together in "marital hell" or lying under oath in open court. The most prominent advocate of this position was feminist law professor Herma Hill Kay (who later became dean of UC Berkeley School of Law).[33]
At its convention in 1947, the National Association of Women Lawyers (NAWL) voted to draft and promote a bill that would embody the ideal of no-fault divorce and describes its efforts to promote the passage of no-fault divorce laws as "the greatest project NAWL has ever undertaken."[34]
Other states were slower to adopt no-fault divorce. For example, Pennsylvania did not introduce no-fault divorce until around 1980.[35]
California's Family Law Act of 1969[edit]
California adopted no-fault divorce with the Family Law Act of 1969, which became effective January 1, 1970.[36] The Act abolished California's action for divorce and replaced it with a proceeding for dissolution of marriage on the grounds of irreconcilable differences. The grounds of irreconcilable differences are accepted as true, and can be based on the assertions of one of the parties to the marriage.[37][38]
The Uniform Marriage and Divorce Act[edit]
At about the same time that California adopted no-fault divorce, the National Conference of Commissioners of Uniform State Laws (NCCUSL) appointed a committee to draft a uniform marriage and divorce law for consideration by state legislatures, and the American Bar Association's Family Law Section was asked to appoint a committee to work with the committee from the NCCUSL.[39] The initial draft of the Uniform Marriage and Divorce Law written by the NCCUSL committee would direct judges to grant the petitioner's request to end the marriage if the judge found that the marriage was "irretrievably broken", a term which this draft did not define.[39] Since the term "irretrievably broken" was not defined, the committee from the American Bar Association (ABA) Family Law Section disapproved of this draft of the Uniform Marriage and Divorce Act.[39] In response, the NCCUSL committee added a 180-day separation requirement in order for judges to find that the marriage had been irretrievably broken.[39] However, the NCCUSL committee also added language to allow judges to grant a petitioner a divorce if "there is serious marital discord adversely affecting one or both parties toward the marriage."[39]
The committee from the ABA Family Law Section objected to the ability of a petitioner to avoid the 180-day separation requirement by asserting "serious marital discord".[39] In his letter recommending that the American Bar Association House of Delegates not approve the amended draft proposed by the NCCUSL, Arnold J. Gibbs, the chairman of the ABA Family Law Section, stated that the NCCUSL's proposed draft created a rubber stamp type of divorce procedure. He wrote: "The creation of a mere 'rubber stamp type' of divorce procedure would not be in the best interests of the family, its individual members, and society in general."[40]
Copies of the recommendation to disapprove the NCCUSL's amended draft were provided to the National Conference of Commissioners of Uniform State Laws (NCCUSL), Young Lawyers Section and the National Association of Women Lawyers (NAWL).[40] The committee from the NCCUSL refused to further amend its draft of the Uniform Marriage and Divorce Act.[39][40]
At the 1974 midwinter meeting of the American Bar Association in Houston, Council members of the Family Law Section indicated dissatisfaction with the public image the section was getting from its opposition to the NCCUSL's draft of the Uniform Marriage and Divorce Act. In a policy statement, the ABA Family Law Section chose "to recognize separation only as conclusive evidence of marital breakdown and not as its unbending test", implying that "other kinds of evidence would be admissible to establish breakdown as well."[39]
The adoption of no-fault divorce laws by the other states[edit]
By 1977, nine states had adopted no-fault divorce laws,[34] and by late 1983, every state but South Dakota and New York had adopted some form of no-fault divorce (although some forms were not as easy to obtain as that in California).[41] South Dakota adopted no-fault divorce in 1985.[42] Until August 2010, New York still lacked a unilateral no-fault divorce statute; under New York divorce law, only if both parties notarized a separation agreement and lived separately for one year could a judge convert it into a divorce. New York governor David Paterson signed a no-fault divorce bill on August 15, 2010. As of October 2010[update], no-fault divorce is allowed in all fifty states and the District of Columbia.
See also[edit]
Feminist movement
Fathers' rights movement
Men's rights movement
References[edit]
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Jump up ^ "No-fault divorce". Legal Information Institute. Cornell University Law School. Retrieved 23 July 2016.
Jump up ^ Schachner, Jill (2010-11-01). "And Then There Was None". Abajournal.com. Retrieved 2017-03-24.
^ Jump up to: a b "The Russian Effort to Abolish Marriage". The Atlantic. July 1926. Retrieved 2017-03-24.
^ Jump up to: a b Bolas, Donald M. (1975). "No-Fault Divorce: Born in the Soviet Union?". J. Fam. L. 14.
Jump up ^ Kay, Herma Hill (1987). "Equality and Difference: A Perspective on No-Fault Divorce and Its Aftermath". University of Cincinnati Law Review. 56 (1).
Jump up ^ A Reminiscence About The Uniform Marriage and Divorce Act-and Some Reflections About Its Critics and Its Policies, Robert J. Levy, 44 BYU L. Rev. 43 (1991)
Jump up ^ Katz, Sanford N. (1994). "Historical Perspective and Current Trends in the Legal Process of Divorce". Children and Divorce. 4 (1).
Jump up ^ Sanford N. Katz; John Eekelaar; Mavis Maclean (2000). Cross Currents: Family Law and Policy in the United States and England. Oxford University Press. pp. 351–352. ISBN 978-0-19-829944-8.
^ Jump up to: a b "Your Comment". The New York Times.
^ Jump up to: a b c Coontz, Stephanie (2010-06-16). "Divorce, No-Fault Style". The New York Times.
Jump up ^ "New York's Moment for Divorce Reform". The New York Times. 2010-06-18.
^ Jump up to: a b "No-fault divorce? It's about time". salon.com. 18 June 2010. Retrieved 12 February 2015.
Jump up ^ http://www.nownys.org/leg_memos_2010/no_fault_divorce.pdf
Jump up ^ Allen, Douglas (22 June 2006). "An economic assessment of same-sex marriage laws" (PDF). Harvard Journal of Law & Public Policy. 29. Retrieved 6 March 2018.
Jump up ^ Baskerville, Stephen (2009). "No-Fault Divorce Is Harmful". In Wilson, Mike. Divorce. Opposing Viewpoints. Detroit: Greenhaven Press. ISBN 978-0-7377-4204-6. Retrieved 11 August 2013.
Jump up ^ Baskerville, Stephen (1 March 2005). "The No-Blame Game: Why No-Fault Divorce Is Our Most Dangerous Social Experiment". Crisis Magazine. Retrieved 6 March 2018.
Jump up ^ Mangion, Ann Marie (Spring 2012). "The Financial Aspect of Family Law". Bank of Valletta Review (45): 112.
Jump up ^ "Divorce". Sveriges Domstolar – Domstolsverket, Swedish National Courts Administration. 2007-03-07. Retrieved 2008-09-29.
Jump up ^ Wilcox, W. Bradford (Fall 2009). "The Evolution of Divorce". National Affairs. Retrieved 20 December 2017.
Jump up ^ Consumer Reports News (October 13, 2010). "Divorce, American-style: No-fault is now the law in all 50 states". Consumer Reports. Archived from the original on December 8, 2015. Retrieved July 22, 2016.
Jump up ^ Bird, Beverly. "Which States Are No-Fault Divorce States?". Legal Zoom. Retrieved 22 July 2016.
Jump up ^ Trotta, Daniel (25 June 2010). "Proposed NY law could soon bring no-fault divorce". Reuters. Retrieved 20 December 2017.
Jump up ^ "Which States Are No-Fault Divorce States?". Retrieved 2017-05-06.
Jump up ^ Stein, David D. "Technical Info About Divorce in the U.S". Liaise Divorce Solutions. Retrieved 26 October 2015.
Jump up ^ De Burgh v. De Burgh, 39 Cal. 2d 858 (1952). In De Burgh, the trial judge found both spouses guilty of cruelty against each other which had been provoked by the acts of the other. Therefore, both spouses were guilty of recrimination and neither was entitled to a divorce. The Supreme Court of California took advantage of this case to invalidate the defense of recrimination through the expansive application of equitable doctrines like clean hands, and remanded for a new trial.
Jump up ^ "Constitution of Alabama (1819), Article 6, Section 13". Legislature.state.al.us. Retrieved 2017-03-24.
Jump up ^ "Constitution of Alabama (1819), Article 4, Section 16". Legislature.state.al.us. Retrieved 2017-03-24.
^ Jump up to: a b c Friedman, Lawrence M. (2002). American Law in the Twentieth Century. New Haven: Yale University Press. pp. 435–36.
Jump up ^ In re: Marriage of McKim, 6 Cal. 3d 673 (1972) (Mosk, J., dissenting) opinion available online at online.ceb.com
Jump up ^ Clint McCullough, Nevada, 1987. Chapter 28. "Divorce was big business in Nevada. Hotels and a dozen dude ranches around Reno catered to the women who arrived almost daily to put a quick end to their marriages. It was even quicker for Nevadans, who didn’t have to wait out the six‑week residency requirement. A couple could fight at breakfast and be divorced by dinner time."
Jump up ^ Vernier, Chester. Section 80, "Proctors" of Divorce and Separation, Vol. 2 American Family Laws: A Comparative Study of the Family Law of the Forty-eight American States, Alaska, the District of Columbia, and Hawaii, (Stanford: Stanford University Press, 1932), p. 93.
Jump up ^ Bishop, Katherine. "Sweet Victory for Feminist Pioneer at Law School." The New York Times, 3 April 1992, sec. A, p. 19
^ Jump up to: a b Baskerville, Stephen (2007). Taken Into Custody – The War Against Fathers, Marriage and the Family. Cumberland House. p. 234. |access-date= requires |url= (help)
Jump up ^ Vosky, Denese Ashbaugh; Monroe, Pamela A. (Oct 2002). "The Effective Dates of No-Fault Divorce Laws in the 50 States" (PDF). Family Relations. 51 (4): 317–324. doi:10.1111/j.1741-3729.2002.00317.x. Retrieved 31 May 2017.
Jump up ^ Johnson, Sharon. "No-Fault Divorce: 10 Years Later, Some Virtues, Some Flaws." New York Times, 30 March 1979, sec. A, p. 22.
Jump up ^ "irreconcilable differences". TheFreeDictionary.com. Retrieved 12 February 2015.
Jump up ^ "Divorce Reform in California" (PDF). California State Library. Retrieved 26 October 2015.
^ Jump up to: a b c d e f g h Zuckman, Harvey L. "The American Bar Association Family Law Section v NCCUSL: Alienation, Separation and Forced Reconciliation over the Uniform Marriage and Divorce Act" (PDF). 24:61. Catholic University Law Review. Retrieved 2008-08-01.
^ Jump up to: a b c Gibbs, Arnold J. (February 1974). "American Bar Association Section of Family Law Recommendation" (PDF). Retrieved 2008-08-12.
Jump up ^ Gest, Ted. "Divorce: how the game is played now." U.S. News & World Report, 21 November 1983, pp. 39–42.
Jump up ^ Layug, Christine. "The No-Fault and At-Fault Process of Divorce," 10 July 2008, "Archived copy". Archived from the original on 2008-10-13. Retrieved 2010-01-12.
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Guinness World Records
From Wikipedia, the free encyclopedia
Jump to: navigation, search
Guinness World Records
Editor
Craig Glenday (ed.)[1]
Cover artist
Simon Jones
Language
English, Arabic, Azerbaijani, Bulgarian, Chinese, Croatian, Czech, Danish, Dutch, Estonian, Filipino, Finnish, French, German, Greek, Hebrew, Hungarian, Icelandic, Italian, Japanese, Korean, Latvian, Lithuanian, Norwegian, Persian, Polish, Portuguese, Romanian, Russian, Slovak, Slovene, Spanish, Swedish and Turkish
Subject
World Records
Genre
Reference
Publisher
Jim Pattison Group
Publication date
10 November 1951 – present
Published in English
27 August 1955 – present
Media type
Book, television
Guinness World Records, known from its inception in 1955 until 2000 as The Guinness Book of Records and in previous United States editions as The Guinness Book of World Records, is a reference book published annually, listing world records both of human achievements and the extremes of the natural world. The brainchild of Sir Hugh Beaver, the book was co-founded by brothers Norris and Ross McWhirter in Fleet Street, London in August 1954.
The book itself holds a world record, as the best-selling copyrighted book of all time. As of the 2017 edition, it is now in its 62nd year of publication, published in 100 countries and 23 languages. The international franchise has extended beyond print to include television series and museums. The popularity of the franchise has resulted in Guinness World Records becoming the primary international authority on the cataloguing and verification of a huge number of world records; the organisation employs official record adjudicators authorised to verify the authenticity of the setting and breaking of records.[2]
Contents
[hide]
1 History
2 Evolution
3 Defining records
3.1 Ethical and safety issues
3.2 Difficulty in defining records
4 Verifying existing records
5 Museums
6 Television series
7 Gamer's edition
8 British pop music volume
9 Other media
9.1 Video games
9.2 Film
10 References
11 External links
History[edit]
On 10 November 1951, Sir Hugh Beaver, then the managing director of the Guinness Breweries,[3] went on a shooting party in the North Slob, by the River Slaney in County Wexford, Ireland. After missing a shot at a golden plover, he became involved in an argument over which was the fastest game bird in Europe, the golden plover or the red grouse (it is the plover[4]). That evening at Castlebridge House, he realized that it was impossible to confirm in reference books whether or not the golden plover was Europe's fastest game bird.[5][6] Beaver knew that there must be numerous other questions debated nightly in pubs throughout Ireland and abroad, but there was no book in the world with which to settle arguments about records. He realised then that a book supplying the answers to this sort of question might prove successful.[7]
Beaver's idea became reality when Guinness employee Christopher Chataway recommended University friends Norris and Ross McWhirter, who had been running a fact-finding agency in London. The twin brothers were commissioned to compile what became The Guinness Book of Records in August 1954. A thousand copies were printed and given away.[8]
After the founding of The Guinness Book of Records at 107 Fleet Street, London, the first 198-page edition was bound on 27 August 1955 and went to the top of the British best seller lists by Christmas. The following year, it launched in the US, and sold 70,000 copies. Since then, Guinness World Records has become a household name and the global leader in world records. The book has gone on to become a record breaker in its own right; with sales of more than 100 million copies in 100 different countries and 37 languages, Guinness World Records is the world's best selling copyright book ever.[9]
Japanese competitive eater Takeru Kobayashi with two Guinness World Record certificates
The North Beach (Nazaré, Portugal) listed on the Guinness World Records for the biggest waves ever surfed.
Because the book became a surprise hit, many further editions were printed, eventually settling into a pattern of one revision a year, published in September/October, in time for Christmas. The McWhirters continued to compile it for many years. Both brothers had an encyclopedic memory; on the TV series Record Breakers, based upon the book, they would take questions posed by children in the audience on various world records and were able to give the correct answer. Ross McWhirter was assassinated by the Provisional Irish Republican Army in 1975.[10] Following Ross' assassination, the feature in the show where questions about records posed by children were answered was called Norris on the Spot.
Guinness Superlatives (later Guinness World Records) Limited was formed in 1954 to publish the first book. Sterling Publishing owned the rights to the Guinness book in the US for decades. The group was owned by Guinness PLC and subsequently Diageo until 2001, when it was purchased by Gullane Entertainment. Gullane was itself purchased by HIT Entertainment in 2002. In 2006, Apax Partners purchased HiT and subsequently sold Guinness World Records in early 2008 to the Jim Pattison Group, the parent company of Ripley Entertainment, which is licensed to operate Guinness World Records' Attractions. With offices in New York City and Tokyo, Guinness World Records' global headquarters remain in London, while its museum attractions are based at Ripley headquarters in Orlando, Florida, US.
Evolution[edit]
Lucky Diamond Rich is "the world's most tattooed person", and has tattoos covering his entire body. He holds the Guinness world record as of 2006[update], being 100 percent tattooed.
Recent editions have focused on record feats by person competitors. Competitions range from obvious ones such as Olympic weightlifting to the longest egg tossing distances, or for longest time spent playing Grand Theft Auto IV or the number of hot dogs that can be consumed in ten minutes, although eating and alcohol consumption entries are no longer accepted, possibly for fear of litigation. Besides records about competitions, it contains such facts as the heaviest tumour, the most poisonous plant, the shortest river (Roe River), the two longest-running dramas (General Hospital and Guiding Light) in the US, and the world's most successful salesman (Joe Girard), among others. Many records also relate to the youngest person who achieved something, such as the youngest person to visit all nations of the world, being Maurizio Giuliano.[11]
Clyde Beatty holds the record for mixing 40 lions and tigers in one cage with himself
Each edition contains a selection of the records from the Guinness database, as well as select new records; the criteria for inclusion having changed over the years.
The ousting of Norris McWhirter from his consulting role in 1995 and the subsequent decision by Diageo Plc to sell the Guinness World Records brand have shifted it from a text-oriented to an illustrated reference book ("style over substance"). The majority of world records are no longer listed in the book or on the website, and can only be determined by a written application to Guinness to 'break' the record. For those unable to wait the 4–6 weeks for a reply, Guinness will process a 'fast-track' application for £300 (US$450)(EU300).
The Guinness Book of Records is the world's most sold copyrighted book, earning it an entry within its own pages. A number of spin-off books and television series have also been produced.
Guinness World Records bestowed the record of "Person with the most records" on Ashrita Furman of Queens, NY in April 2009. At that time, he held 100 records.[12]
In 2005, Guinness designated 9 November as International Guinness World Records Day to encourage breaking of world records.[13] In 2006, an estimated 100,000 people participated in over 10 countries. Guinness reported 2,244 new records in 12 months, which was a 173% increase over the previous year.[13] In February 2008, NBC aired The Top 100 Guinness World Records of All Time and Guinness World Records made the complete list available on their website.[14]
Defining records[edit]
Sultan Kösen (Turkey) is the tallest living person since 17 September 2009, as verified by Guinness World Records.
Play media
Cracking open a wheel of Parmigiano-Reggiano cheese as a part of a 2013 world record by Whole Foods Market.[15]
For many records, Guinness World Records is the effective authority on the exact requirements for them and with whom records reside, the company providing adjudicators to events to determine the veracity of record attempts. The list of records which the Guinness World Records covers is not fixed; records may be added and also removed for various reasons. The public are invited to submit applications for records, which can be either the bettering of existing records or substantial achievements which could constitute a new record.[2] The company also provides corporate services for companies to "harness the power of record-breaking to deliver tangible success for their businesses."[16]
Ethical and safety issues[edit]
Steven Petrosino drinking 1 litre of beer in 1.3 seconds in June 1977.[17][18] Petrosino set record times for 250 ml, 500 ml and 1.5 litres as well, but Guinness accepted only the record for one litre. They later dropped all beer and alcohol records from their compendium in 1991, and reinstated the records in 2008.
Guinness World Records states several types of records it will not accept for ethical reasons, such as those related to the killing or harming of animals.[19]
Several world records that were once included in the book have been removed for ethical reasons, including concerns for the well being of potential record breakers. For example, following publication of a "heaviest fish" record, many fish owners overfed their pets beyond the bounds of what was healthy, and therefore such entries were removed.[20] The Guinness Book also dropped records within their "eating and drinking records" section of Human Achievements in 1991 over concerns that potential competitors could harm themselves and expose the publisher to potential litigation.[21] These changes included the removal of all spirit, wine, and beer drinking records, along with other unusual records for consuming such unlikely things as bicycles and trees.[21] Other records, such as sword swallowing and rally driving (on public roads), were closed from further entry as the current holders had performed beyond what are considered safe human tolerance levels.
There have been instances of closed records being reopened. For example, the sword swallowing record was listed as closed in the 1990 Guinness Book of World Records, but the Guinness World Records Primetime TV show, which started in 1998, accepted three sword swallowing challenges (and so did the 2007 edition of the Guinness World Records onwards). Similarly, the speed beer drinking records which were dropped from the book in 1991, reappeared 17 years later in the 2008 edition, but were moved from the "Human Achievements" section of the older book[22] to the "Modern Society" section of the newer edition.[23]
As of 2011[update], it is required in the guidelines of all "large food" type records that the item be fully edible, and distributed to the public for consumption, to prevent food wastage.[2][dead link]
Chain letters are also not allowed: "Guinness World Records does not accept any records relating to chain letters, sent by post or e-mail. If you receive a letter or an e-mail, which may promise to publish the names of all those who send it on, please destroy it, it is a hoax. No matter if it says that Guinness World Records and the postal service are involved, they are not."[2]
Difficulty in defining records[edit]
For some potential categories, Guinness World Records has declined to list some records that are too difficult or impossible to determine. For example, its website states: "We do not accept any claims for beauty as it is not objectively measurable."[19]
On 10 December 2010, Guinness World Records stopped its new "dreadlock" category after investigation of its first and only female title holder, Asha Mandela, determining it was impossible to judge this record accurately.[24]
Verifying existing records[edit]
Guinness World Records website publishes selected records and is not supposed to be used for the record verification purposes, as it explains: "There are more than 40,000 current records in our database and we try our best to feature as many as possible online. We currently include over 15,000 records online which we update every week, so make sure to check the site regularly!". The book printed annually contains only 4000 records. The only way to verify a record is by contacting Guinness, expecting average response time of 2 weeks.[25]
Museums[edit]
Guinness Museum in Hollywood
In 1976, a Guinness Book of World Records museum opened in the Empire State Building. Speed shooter Bob Munden then went on tour promoting The Guinness Book of World Records by performing his record fast draws with a standard weight single-action revolver from a western movie type holster. His fastest time for a draw was 0.02 seconds.[26] Among exhibits were life-size statues of the world's tallest man (Robert Wadlow) and world's largest earth worm, an X-ray photo of a sword swallower, repeated lightning strike victim Roy Sullivan's hat complete with lightning holes and a pair of gem-studded golf shoes on sale for $6500.[27] The museum closed in 1995.[28]
In more recent years, the Guinness company has permitted the franchising of small museums with displays based on the book, all currently (as of 2010[update]) located in towns popular with tourists: Tokyo, Copenhagen, San Antonio. There were once Guinness World Records museums and exhibitions at the London Trocadero, Bangalore, San Francisco, Myrtle Beach, Orlando,[29] Atlantic City, New Jersey,[30] and Las Vegas, Nevada.[31] The Orlando museum, which closed in 2002, was branded The Guinness Records Experience;[29] the Hollywood, Niagara Falls, Copenhagen, and Gatlinburg, Tennessee museums also previously featured this branding.[31]
Television series[edit]
Guinness World Records has commissioned various television series documenting world record breaking attempts, including:
Country
Name
Network
Broadcast
Host(s)
Australia Australia's Guinness World Records Seven Network 2005 Grant Denyer
Shelley Craft
Australia Smashes Guinness World Records 2010 James Kerley
Bulgaria Световните рекорди Гинес bTV 2006–2007 Krasimir Vankov
China The Night of Guinness in China CCTV 2006– Wang Xuechun
Zhu Xun
Lin Hai
France L'émission des records (1999–2002)
L'été des records (2001) TF1 1999–2002 Vincent Perrot
L'été de tous les records (2003–2005)
50 ans, 50 records (2004) France 3 2003–2005 Pierre Sled
La nuit des records France 2 2006 Olivier Minne
Adriana Karembeu
Le monde des records W9 2008–2010 Alexandre Devoise
Karine Ferri
Les trésors du livre des records Gulli 2015 Fauve Hautot
Willy Rovelli
Germany Guinness World Records - Die größten Weltrekorde RTL Television 2004–2008 Oliver Welke (2004)
Oliver Geissen (2005–2008)
India Guinness World Records – Ab India Todega Colors TV 2011 Preity Zinta
Shabbir Ahluwalia
Italy Lo show dei record Canale 5 2006 (pilot)
2008–2012
2015 Barbara d'Urso (1–2)
Paola Perego (3)
Gerry Scotti (4, 6)
Teo Mammucari (5)
New Zealand NZ Smashes Guinness World Records TV2 2009 Marc Ellis
Philippines Guinness Book of World Records Philippine Edition ABC 2004 Cookie Calabig
Poland Światowe Rekordy Guinnessa Polsat 2009–2011 Maciej Dowbor
Portugal Guinness World Records Portugal SIC 2014 Rita Andrade
João Ricardo
Spain El show de los récords Antena 3 2001–2002 Mar Saura
Manu Carreño
Mónica Martínez
Guinness World Records Telecinco 2009 Carmen Alcayde
Luis Alfonso Muñoz
Sweden Guinness rekord-TV TV3 1999–2000 Mårten Andersson (1999)
Linda Nyberg (1999)
Harald Treutiger (2000)
Suzanne Sjögren (2000)
United Kingdom Record Breakers BBC1 1972–2001 Roy Castle (1972–1993)
Norris McWhirter (1972–85)
Ross McWhirter (1972–75)
Guinness World Records (UK) ITV 1999–2001 Ian Wright
Kate Charman
Ultimate Guinness World Records Challenge 2004 Jamie Rickers
Guinness World Records Smashed Sky1 2008–2009 Steve Jones
Konnie Huq
Totally Bonkers Guinness Book of Records ITV2 2012–2015 Matt Edmondson
Officially Amazing CBBC 2013– Ben Shires
United States The Guinness Game Syndicated 1979–1980 Bob Hilton
Don Galloway
Guinness World Records Primetime Fox 1998–2001 Cris Collinsworth
Mark Thompson
Guinness World Records Unleashed / Gone Wild truTV 2013–2014 Dan Cortese
Specials:
Guinness World Records: 50 Years, 50 Records - on ITV (UK), 11 September 2004
With the popularity of reality television, Guinness World Records began to market itself as the originator of the television genre, with slogans such as we wrote the book on Reality TV.
Suresh Joachim Arulanantham is a Tamil Canadian film actor and producer and multiple-Guinness World Record holder who has broken over 50 world records set in several countries in attempts to benefit the underprivileged children around the world. Some world record attempts are more unusual than others: he is pictured here minutes away from breaking the ironing world record at 55 hours and 5 minutes, at Shoppers World, Brampton.
Gamer's edition[edit]
Not to be confused with Guinness World Records: The Videogame.
In 2008, Guinness World Records released its gamer's edition in association with Twin Galaxies. The Gamer's Edition contains 258 pages, over 1236 video game related world records and four interviews including one with Twin Galaxies founder Walter Day. The most recent edition is the Guinness World Records Gamer's Edition, 2018, which was released August 29, 2017.
British pop music volume[edit]
Main article: British Hit Singles & Albums
The Guinness Book of British Hit Singles & Albums was published from 2003 to 2006, based on two earlier, separate HiT publications, British Hit Singles and British Hit Albums, which began in 1977. It was effectively replaced (in singles part) by the Virgin Book of British Hit Singles from 2007 onward.
Other media[edit]
Video games[edit]
A video game, Guinness World Records: The Video Game, was developed by TT Fusion and released for Nintendo DS, Wii and iOS in November 2008.
Film[edit]
In 2012, Warner Bros. announced the development of a live-action film version of Guinness World Records with Daniel Chun as scriptwriter. The film version will apparently use the heroic achievements of record holders as the basis for a narrative that should have global appeal.[32]
References[edit]
Jump up ^ "Corporate". Guinness World Records. Archived from the original on 19 March 2010. Retrieved 19 October 2010.
^ Jump up to: a b c d "Frequently Asked Questions". Guinness World Records. Archived from the original on 24 January 2012. Retrieved 10 February 2012.
Jump up ^ "The History of the Book". Guinness Record Book Collecting. Retrieved 10 February 2012.
Jump up ^ Fionn Davenport (2010). Ireland. Lonely Planet. p. 193. ISBN 9781742203508.
Jump up ^ "Early history of Guinness World Records". 2005. p. 2. Archived from the original on 1 July 2007.
Jump up ^ Cavendish, Richard (August 2005). "Publication of the Guinness Book of Records: 27 August 1955". History Today. 55.
Jump up ^ Guinness World Records 2005. Guinness; 50th Anniversary edition. 2004. p. 6. ISBN 1892051222.
Jump up ^ "Guinness Book History 1950 - Present". spyhunter007.com.
Jump up ^ "Guinness World Records Corporate - Home". guinnessworldrecords.com. Archived from the original on 21 August 2015.
Jump up ^ "Record Breakers' McWhirter dies". BBC News. 20 April 2004. Retrieved 9 June 2014.
Jump up ^ Guinness Book of World Records (UK ed.). 2006. p. 126.
Jump up ^ "Guinness World Records honors one man's historic milestone – 100 Records Broken! – Guinness World Records Blog post". community.guinnessworldrecords.com. Archived from the original on 12 June 2009. Retrieved 29 December 2009.
^ Jump up to: a b "Records Shatter Across the Globe in Honor of Guinness World Records Day 2006". Retrieved 29 April 2007.
Jump up ^ Guinness World Records Live: Top 100. Guinness World Records. Retrieved on 6 November 2008.
Jump up ^ "Whey to go: Whole Foods Market® cracks Parmigiano Reggiano Guinness World Records® Title". Yahoo Finance. 22 April 2013. Archived from the original on 10 May 2013. Retrieved 15 June 2013.
Jump up ^ "Guinness World Records Corportate". Guinness World Records. Archived from the original on 12 May 2012. Retrieved 10 May 2012.
Jump up ^ "Guinness World Beer Record". 11 June 2004. Retrieved 10 February 2010.
Jump up ^ "Video clip". Retrieved 29 April 2007.
^ Jump up to: a b "IS YOUR PROPOSAL A POTENTIAL GUINNESS WORLD RECORDS™ ACHIEVEMENT?". "Guinness World Records". Retrieved 10 May 2012.
Jump up ^ Fish World Records[dead link]. Fish-World. Retrieved on 19 October 2010.
^ Jump up to: a b Guinness Book of World Records. 1990. p. 464.
Jump up ^ "Guinness World Record Book Entry". Guinness World Beer Record. 11 June 2004. Retrieved 10 February 2012.
Jump up ^ "Guinness World Record Book Entry 2008". Guinness World Beer Record. 11 June 2004. Retrieved 10 February 2012.
Jump up ^ "Longest Dreadlock Record – Rested – Guinness World Records Blog post – Home of the Longest, Shortest, Fastest, Tallest facts and feats". Community.guinnessworldrecords.com. Archived from the original on 5 October 2011. Retrieved 4 November 2011.
Jump up ^ "Frequently Asked Questions". Guinness World Records. Retrieved 14 December 2016.
Jump up ^ "Bob Munden • Six-Gun Magic Custom Gunsmithing - Bob & Becky Munden - Six-Gun Magic Gunwork". bobmunden.com.
Jump up ^ In Praise of Facts, by John Leonard, the introduction to the New York Times Desk Reference
Jump up ^ "Travel & Outdoors - The Good, The Bad, The Ugly: A 1995 Travel Retrospective - Seattle Times Newspaper". nwsource.com.
^ Jump up to: a b Brown, Robert H. "The Guinness World Records Experience: one of Florida's Lost Tourist Attractions". Retrieved 1 February 2009.
Jump up ^ Ripley Entertainment, Inc. "Guinness World Records Experience locations". Archived from the original on 20 January 2009. Retrieved 1 February 2009.
^ Jump up to: a b Ripley Entertainment, Inc. (20 November 2002). "Guinness World Records Experience locations". Internet Archive Wayback Machine. Archived from the original on 20 November 2002. Retrieved 1 February 2009.
Jump up ^ "Guinness Book of World Records could be next big brand name to hit cinemas". Guardian. 8 June 2012. Retrieved 18 December 2012.
External links[edit]
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