VII

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

unrighteous. 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—circumstances

which but one person, and that person not officially connected with

administration of justice, can partly control, is a perversion of the

main principles that are supposed to underlie the laws.

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 was once his wife it is when, by way of making

him miserable, the state has given him a direct and distinct interest

in her death.

The Collected Works of Ambrose Bierce, Volume 11 Antepenultimata · 第 34 / 92 题