II.

A law under which the unsuccessful respondent in a divorce proceeding

may be forbidden to marry again during the life of the successful

complainant, the latter being subject to no such disability, is

infamous infinitely. If the disability is intended as a punishment it

is exceptional among legal punishments in that it is inflicted without

conviction, trial or arraignment, the divorce proceedings being quite

another and different matter. It is exceptional in that the period

of its continuance, and therefore the degree of its severity, are

indeterminate; they are dependent on no limiting statute, and on

neither the will of the power inflicting nor the conduct of the person

suffering.

To sentence a person to a punishment that is to be mild or severe

according to chance or--which is even worse--circumstance, which but one

person, and that person not officially connected with administration of

justice, can but partly control, is a monstrous perversion of the main

principles that are supposed to underlie the laws.

In "the case at bar" it can be nothing to the woman--possibly herself

remarried--whether the man remarries or not; that is, can affect only

her feelings, and only such of them as are least creditable to her.

Yet her self-interest is enlisted against him to do him incessant

disservice. By merely caring for her health she increases the sharpness

of his punishment--for punishment it is if he feels it such; every hour

that she wrests from death is added to his "term." The expediency of

preventing a man from marrying, without having the power to prevent him

from making his marriage desirable in the interest of the public and

vital to that of some woman, is not discussable here. If a man is ever

justified in poisoning a woman who is no longer his wife it is when, by

way of making him miserable, the State has given him, or he supposes it

to have given him, a direct and distinct interest in her death.

The Shadow On The Dial, and Other Essays 1909 · 第 31 / 67 题