a study of measure for measure from a jurisprudential perspective

8/10/2019 A Study of Measure for Measure from a Jurisprudential Perspective

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Symbolism in Measure for Measure

Mortality and mercy in ViennaLive in your tongue and heart.

So speaks the Duke to Angelo upon handing over hat the !omans ould have calledthe po er of the Lictor" the symbol of the po er of life and death" supreme temporal po er asit ere in a theocratic state. #hus the Duke triggers the concatenation of events in hich e seethe bubbling bedsores of corruption burst" the e$ercise of po er outside %ustice and theapplication of &ustice ithout mercy. Measure for Measure is about po er and the principlesthat guide it hether they be %ustice or mercy. 'y the same token the play delves into forms of

%ustice( be it the strict application of la scientifically applied or mystically abrogated bydivine mercy. Measure for Measure is rife ith symbolism of hat it is to rule a society" %ustlyor in a tyrannical ay" in a Draconian manner or in a merciful one. )haracters can be identifiedith certain aspects of society( here" on one interpretation" the Duke can be held to represent

corruption" *sabella mercy and Angelo corruption.Analysis might indeed be confined to the e$ploration of the ideals and beliefs of theauthor himself ho as akin ith other humanists of his time such as +rancis 'acon or #homas ,lyot in his embrace of a ne attitude to life and society hich allo ed a certaininherent goodness to human e$istence itself. #his -umanism cannot have been ignorant of the ritings of )icero or Seneca nor the thought of enon. Aspects of his play could be held toreflect in a fascinating manner the e$tra/)hristian philosophies of these thinkers. 'y the samemeasure e cannot ignore the possible influence of &ames *0s presence to hose personalma%esty and political ritings Shakespeare is unlikely to have been impervious.

-o ever to analyse the play on the aforementioned level" that is to cut the desiccated principles of 1o er" &ustice and corruption from the flesh of the play is to reduce it to a bad puppet sho here the sport is in spotting the ,li2abethan puppetmaster. 3hat Measure for

Measure tells us about po er" corruption and %ustice does not birth from a dry tome of %urisprudence" it rather roots the Science of La amongst the individuals" our kindred hom iteffects. *t incarnates the e$ercise of po er( it makes in%ustice bleed hile corruption oo2es pusand mercy gently grants respite. #hus * ill begin not by concentrating on the symbols alone

but rather on the application by and the effect on the characters in the play. -o can ediscuss punishment as a means of deterrent ithout hearing )laudio0s ords4

Ay but to die" and to go e kno not here"#o lie in cold obstruction and to rot(#his sensible arm motion to becomea kneaded clod.

ringing in our ears5 -ere e can appreciate the human conse6uences of Angelo0s strictapplication of Vincentio0s la hile Lucio is ever present to riposte the fanciful notions of theDuke or ,scalus ith some ba dy aphorism. *n Mrs 7verdone0s despair for her business andthe bumbling of )onstable ,lbo reality interacts ith theory to thro an odd light on&ustice. 3hen *sabella pleads ith Angelo for mercy her ords and images are most elo6uentto her task" most elo6uent too to those branches of humanistic thought hich ponder ho manis to %udge the creation of 8od" his o n kind5 #hroughout the play the symbolism therein isgiven real angst and bite by the vibrancy of the language and the evocation of the humanaspects. Dynamic" energetic evocations of it is to be human grapple ith intractable principleand ideal. So has it al ays been in the evolution of %urisprudence.

#illyard " in his analysis of the play maintains that Shakespeare as combining t ostrands hen riting Measure for Measure but that" rather than mi$ing them" !eality

predominates in the first half of the play hilst the folktale or the symbolic predominate inthe second. As * have already e$plained ho ever e ill e$amine the hole play looking at thefolktale in light of reality. Such analysis ill base itself on such basic symbols as 1o er"&ustice or )orruption but also e$amine aspects of mercy" punishment and the la and itseffects.


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e$periment in the effects of po er on morality. 1erhaps the pioneer machinator of stateaffairs can illuminate the Duke0s designs.

Machiavelli points out in the 1rince that although a man ho comes to rule akingdom from outside may be a tyrant and not suffer the rebellion of his sub%ects a ruler bornithin the kingdom does not ield sufficient terror to subdue the people to his absolute ill.#he Duke himself admitted to +riar #homas4

Sith @t as my fault to give the people scope"@# ould be my tyranny to strike and gall them+or hat * bid them do.

#he Duke has indeed list his #error hich he professes to lend to Angelo( one needs butglance through the scenes of Lucio to find hat the profane perception of him is4 Lucio speaksthus of the Duke and his attitude to fornication4-e had some feeling of the sport( he kne the serviceAnd that instructed him to mercy.#he Duke has spent his terror / the lion has roared himself hoarse and no cannot s allo . 3ehear the frustration of a benevolent ruler of an immoral public in the ords4*n time the rod becomes more mocked than fear0d4So our decrees dead to infliction" to themselves are dead.

May e perhaps then believably vie the Duke0s intentions as being to borro aDracon from outside to invigorate the terror of the la 5 #his ho ever rings some hat falsein vie of the conclusions he must have dra n from previous kno ledge of Angelo0s character and the very vie s he has of authority and rulership" %ustice and mercy hich he e$presses later on.

1erhaps" delving once more into Machiavelli" the Duke even more pragmatically seeks todo as the Duke of 'orgia does to one of his ministers. -e allo s his minister to abuse his

po er in a most tyrannical manner over his sub%ects until hen" choosing the right moment" theDuke himself appears vested in the mantle of the true ruler and orders the minister to be doneto death" cut in t o and his cadaver displayed in public. Such action as lauded as asuperlative manner of inning the support and loyalty of one0s sub%ects( perhaps the Dukemight be trying to effect similar results in killing t o birds ith one stone" restoring the terror

of la " rene ing the potency of his rulership by moral force and regaining the respect andappreciation of his people through his salvation of them from the tyrant. *n the tradition of David" did he send his captain to fight ith fla ed cannon5

#his is indeed possible but there remains to us a final t ist hy the po er might have been transferred. #o unfold this possibility ho ever" it is necessary to e$amine closer hoAngelo ill ield his po er( hat concepts of %ustice he uses to inform its use and also thecorruption against hich he is pitted.

#he conventional medieval conception of society of the time as of something inherentlyinfernal. -arshness of la s are %ustified by the primary evil innate in human e$istence. Anysuffering undergone is seen as richly deserved. #he rulership of man by man is seen by avariety of )hristian thinkers from St Augustine to Ambrose and beyond as a necessary evil.#his rulership ithin society is seen as having the goal of bringing as much of the )ivitas

Dei into the )ivitas #errena as possible. 1lato conceived the same goal for society( society being in 1lato0s thought to aid the citi2en in his search for the ultimate truth. *n the same aythe Duke ;and Angelo< strive to repress vice and promote virtue. #he Duke0s motivation in thisregard seems to be some hat more esoteric than those %ustifications advanced by Angelo ho ismore utilitarian in his perception of la as a necessity to safeguard others( speaking of mercyhe claims4

* sho it most of all" hen * sho %ustice(+or then * pity those * do not kno "3hich a dismissed offence ould after gall.#he striking distinction one may divine bet een Angelo and the Duke ho ever in the

e$ercise of po er is in their attitude to la . #he Duke is the La ( he is the ord of laincarnate. -e carries the la in his heart and on his tongue" there is no science to his

pronouncements" there is simply him. -e might see himself as the mystical La giver" the


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Lucio is supported by general opinion that although )laudio and &uliet have committed arong" it is not one deserving of punishment. #hus the 1rovost accepts that )laudio hasindulged in vice but regards his offence as but in a dream4

All sects" all ages smacking of this vice,ven so 1ompey might dispute ith ,scalus and the Duke the immorality of his trade incomparison ith usury for instance. All this seems to signify a ne perception of hat is a rong and most particularly its punishment" of the laity beginning to e6uip itself ith anappreciation of morality and moral value. *n my opinion it is the stirrings of the humanismhich surfaces in *sabella0s pleas for mercy. #his ne /born humanism has not yet the strengthto allo %ustification of impugned conduct ho ever it ill allo the generality of a rong to berecognised hilst as the same time admitting the beauty and %oy of human e$istence. *s this

perhaps the ne ness" the immorality hich the Duke so fears in his state5*t is easy to ignore in Measure for Measure that there is no real difference in hat the

Duke condemns as a rong and hat Angelo condemns as such. *ndeed it is no onder for Angelo merely implements the statutes of the Duke. ,ven in the operation of &ustice the Dukesho s himself 6uite bloodyminded in his advocating that here there is a rong and a

punishment fitted" then that punishment should be fulfilled. #he Duke sho s his mindthroughout the play in the person of the monk. -e admonishes &udith for her rongdoing andinforms her of )laudio0s fate.; -e sho s no inclination to save )laudio until the corruption of Angelo becomes evident< -aving delayed 'arnardine0s e$ecution for so many years he is 6uite

prepared to encourage his sudden e$ecution though 'arnardine is drunk and unshriven. #heDuke believes in absolute &ustice. -is philosophy as e$pressed to )laudio hen preparing himfor death manifests a contempt for life of hich any early )hristian ould be proud. -o ever in his vie " %ustice cannot be done by Angelo for4

-e ho the s ord of heaven shall bear"Should be as holy as severeAngelo ho ever" rather than enshrouding himself in the cloak of the !uler chooses to be

the implementor of the la . +or him %ustice is the absolute implementation of the la ho ever in his denial of the mysti6ue of the !uler he has also re%ected the divine grace of mercy/ thatillogical reflection of fate in life hich ould set 'arrabas free and crucify &esus. Angelo

%ustifies his rigorous enforcement of the la in a number of ays enlightening to the action of la in society. -e pronounces to ,scalus and others4

3e must not make a scarecro of the la "Setting it up to fear the birds of preyAnd let it keep one shape" @till custom make it#heir perch and not their terror

-is is a completely pragmatic policy on this level and he highlights here the very faults of theadministration of the Duke( over/lenience hich fault he himself shall not commit. *t cannot becontended hoever that the bloody/mindedness of his intention to pursue the e$ecution of thela to its last t ist is motivated by purely pragmatic and utilitarian considerations( he isgoaded on by his perceived moral sanctity to even compare se$ outside edlock ith murder9,scalus does not share his naivet and foreshado s Angelo0s fall from dubious grace in his

entreaty for empathy ith )laudio0s plight and for mercy by suggesting that Angelo mightimagine ho he might feel in )laudio0s position.

#his theme is continued by *sabella ho emphasises humankind0s common heritage of ini6uity. -o ever Angelo is proof to such reasoning( in this ay he could be said to be thecomplete positivist. -e ackno ledges his possible fall from grace ith the rest of humanityho ever it is the fact that the la has been transgressed and that %ustice been given itsopportunity to s oop hich matters" not the guiltlessness of the hand that guides it. *n the acridmoral orld of Angelo the la is there to delineate bet een right and rong and &ustice tocondemn and strike do n hosoever might transgress that la by hatever means possible.-ence he says to ,scalus4

3hat0s open to %ustice" that %ustice sei2es. 3hat kno s the la s that thieves do pass on thieves5

he even sees his o n demise in this idealised order43hen *" that censure him" do so offend" let mine o n %udgement


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1attern out my death" and nothing come in partial.#he irony is of course that in a typically Shakespearean ay" those fanciful ords are toculminate in the not too distant future" in %ust such a manner. 7ne should note ho ever" at thisstage" that ,scalus" ho symbolises in many ays ise statecraft and sage %urisprudenceagrees ith Angelo0s policy of enforcement4Mercy is not itself" that oft looks so"1ardon is still the nurse of second oeho ever much he may in humanity plea for mercy in )laudio0s case.

#hus e see Angelo0s vie s on the implementation of the la to be immutable andithout compassion hether those la s be the those of the Duke or those preached by thechurch. Let us call this the %ustice of the la " the la being that shining a$e revered by Angelohich cleaves the icked from the guilty hom Angelo must punish so that the good may besaved. *t is also the %ustice of the Duke ho appears to believe that in human fallibility all livesare forfeit any ay" the la merely serving to elect those to pay in this life. -o ever the meritof this la is constantly being attacked by the lesser characters in the play( from the so/calledcorruption there arise challenges to the efficacy of the of the la in striking do n the icked. ,lbo 0s confusion of language is an affliction unfortunate for an officer of the laand illuminatory as to ho sub%ective the orth of the la might be said to be.

#his %ustice of the Duke and Angelo may be counterpointed by that appearing in*sabella0s plea to Angelo" the &ustice of Life. *sabella is a pious young oman but proud inher piety as Angelo in his morality. 7n learning of )laudio0s crime she abhors it ith e6ualvigour to Angelo0s but she is driven by ties of the flesh to plea for his life. 3hilst so pleadingshe is goaded by the situation in an electric scene outside her cloistered life and philosophy to arecognition of the ubi6uity of human fallibility. She sees that all humankind are sinners andasks( ho is to thro the first stone5 3hat mortal shall %udge5 -er ords and imagery aree$6uisite4

3hy all souls that ere forfeit onceAnd -e that might the vantage best have took +ound out the remedy

-er poignant image4

even for our kitchens3e kill the fo l of season. Shall e serve heaven3ith less respect than e do minister our o n gross selves5

belies the good in the killing of any man by human authority in the name of %ustice. *sabella pleads for mercy4

>o ceremony that to great ones longs..........'ecome them ith one half so good a graceAs mercy does.

-o ever hat *sabella does in many ays is to deny the right of any man to order thetaking of the life of another in the name of &ustice hen a natural guiltiness must reside inthe arm of %ustice itself. All punishment she restricts to 8od thus temporal mercy is e$tended to

all. *n this ay she ill forgive Angelo for" in Mariana0s ords4#hey say the best men are moulded out of faults"And" for the most" become much more the better+or being a little bad.

*sabella0s mercy is complete" Angelo0s non/e$istent. -o ever in an ironical ay theycomplement each other. *sabella0s attitude could be taken to nigh forbid human society anyinstrument of self/regulation hilst Angelo0s philosophy in its emphasis on the protection of society and stripped of its moral overtones is the plainsong of utilitarian" guiltless socialorganisation.

#he theme of mercy finally returns us to the Duke. #he problem in the Duke0s form of government ould seem to have been" as e have seen" an over/abundance of mercy. *nstead of fearing his la and starting before it the Duke0s polity did indeed perch on the his legislation

as in Angelo0s imagery and" to take his imagery in a grosser direction they shat ;or shitted< onthe scarecro s head. All those vices tolerated during the Duke0s rule are attributed to be his


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a study of measure for measure from a jurisprudential perspective

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