The Common Law (1931 film)

Valerie West is a young American expatriate living with her wealthy lover Dick Carmedon in Paris. Tired of the relationship, she leaves Carmedon and meets struggling American artist John Neville, for whom she begins posing nude. At first, the relationship is purely business, but Valerie and Neville soon fall in love. They live an idyllic life together.

Valerie does not know that Neville is a member of a wealthy, socially prominent family. Neville's friend Sam tells him about Valerie's past relationship with Carmedon. Valerie confirms the information but states that she had left Carmedon before she met Neville. Disillusioned, Neville changes his mind about proposing to her. Valerie calls him a hypocrite and severs the relationship.

Later, Neville encounters Valerie at a nightclub, where she is out with another man. Neville leaves in disgust but Valerie follows, jumping into his taxi and riding home with him. Soon he proposes marriage, but she asks him to wait, wishing to ensure that their feelings are real before entering a lifelong commitment. When Neville's sister Clare learns about the situation from friends returning from Europe, she lies to Neville, informing him that their father is very ill and insisting that Neville return home.

Valerie accompanies Neville to the family estate. Clare throws a party on the family yacht and invites Carmedon and Neville's former girlfriend. Neville's father tells Valerie that he approves of the relationship, as he sees that his son is happy and more confident. A drunk Carmedon barges into Valerie's stateroom, but she rejects him in full view of Clare. Neville helps Carmedon to his room and punches him. Neville informs Valerie that he wants find a justice of the peace to marry them.

Robert W. Chambers' 1911 novel was a bestseller in the 1910s and was called "the most daring piece of writing that Chambers ever turned out."^[4]

The novel had already been made into a film twice during the silent era. The first was produced by Lewis J. Selznick in 1916 and stars Clara Kimball Young and Conway Tearle. Selznick's son Myron Selznick remade the film in 1923, again starring Tearle, but with Corinne Griffith in the lead female role.^[5]

In February 1931, RKO announced its purchase of the rights to Chambers' novel. Constance Bennett was announced as the star, with John Farrow to adapt the screenplay.^[6] In mid-March, it was announced that Paul L. Stein would direct the film.^[7] By the end of March, roles were cast for Joel McCrea, Lew Cody, Gilbert Roland, Walter Walker, Marion Shilling and Robert Williams.^[8] The final major role was cast in April when Hedda Hopper was selected to play Clare.^[9] The Common Law entered production in mid-April 1931. By mid-June, shooting on the film had wrapped.^[10]

During production, a yacht built for American financier E.H. Harriman was employed as the setting for film's climactic scene.^[11] The scene in which Neville meets Valerie one month after she leaves him was set at a nightclub during the famous Four Arts Ball, which was held annually in Paris. Many of the female extras in the scene wore full body makeup because of their scanty costumes.^[12] Gwen Wakeling, the head of costuming for RKO, designed the film's costumes.^[13]

Shilling recalled that Bennett monopolized McCrea's time during the production: "She had a mad crush on Joel McCrea. The rest of us were just pieces of furniture to her. The minute the director yelled cut, Connie would yank Joel to her portable dressing room, bang the door and not reappear until they were again called to the set."^[14]

The film's sexual relationships became an issue for the Hays Office, although it was released during the period before the Motion Picture Production Code was enforced.^[15]

The film premiered at the Mayfair Theatre in New York on July 17, 1931 and was released nationally the following Friday.^[16] The publisher of Chambers' novel, Grosset & Dunlap, reissued the book as a special edition that featured Bennett on its wrapper, and the books were prominently featured in sales displays to coincide with the film's opening.^[17]

Studios at the time often released risqué photographs to promote films. RKO issued a near-nude photograph of Dolores Murray, which was noted by the Hays Office as she may not have actually appeared in the film.^[18]