Electronic Reserve Text:
Gary Smith
STRANGE JUSTICE: Measuring Shakespeare's Christianity
Fall, 2001

About eight weeks after passenger jets were flown into the World Trade Center towers in New York City and the Pentagon in Washington, D.C., by men who apparently were Islamic militants, novelist Salman Rushdie took politicians and commentators to task for repeatedly declaring, "This isn't about Islam." Understandable as the motives for such a statement might be, Rushdie complained in an op-ed piece in the New York Times, "The trouble with this necessary disclaimer is that it isn't true." The people who participated in the attacks, he pointed out, represent an identifiable and fast growing understanding of Islam "which blames outsiders, 'infidels,' for all the ills of Muslim societies," and believe that their interpretation should be enforced as a personal and social standard. "It would be absurd to deny that this self-exculpatory, paranoiac Islam is an ideology with widespread appeal," he emphasized. "Yes, this is about Islam." And then shifting his attention from the pious pronouncements of Western leaders, he offered this conclusion:

   
The restoration of religion to the sphere of the personal, its depoliticization, is the nettle that all Muslim societies must grasp in order to become modern. The only aspect of modernity interesting to the terrorists is technology, which they see as a weapon that can be turned on its makers. If terrorism is to be defeated, the world of Islam must take on board the secularist-humanist principles on which the modern is based, and without which Muslim countries' freedom will remain a distant dream. (Rushdie)
What makes Rushdie's comments worth quoting here is not their endorsement of a certain approach to world conflict. It is the clear and explicit articulation of "secularist-humanist principles" as a set of ideals, and distinctively modern. It is a commonplace of intellectual and cultural history that the depoliticization and privatization of religion - the evacuation that Rushdie seductively calls its "restoration" to the personal sphere - is a defining characteristic of modern Western political thought, a trait emerging in the Reformation's repudiation of papal authority and passing through further transformation in the Enlightenment's rejection of religion as a rule for social organization. In that tradition, religion becomes a matter of personal belief that extends into practice only insofar as it does not significantly disrupt or interfere with the lives of others. While that extent is inherently somewhat problematic, religion is not seen as a valid mechanism of overall social control.
As a generalization about history, of course, this idea has been challenged in recent years by scholars who detect a process of "desecularization," or a reemergence of religion in world affairs. (Berger et al) But as an ideal, it has been challenged by individuals and groups seeking to reassert the dominance of religion ever since the secular model emerged. In the 1980s, for instance, organizations like the Christian Coalition obtained considerable visibility and influence in United States politics. And even as these words are written, major media are reporting surges of activity by conservative religious groups in the US. Often invoking patriotism as a subtext in the wake of the September attacks, churches and other groups are fighting for such measures as re-instituting school prayer and posting the Ten Commandments in public buildings. Franklin Graham, son of famed evangelist Billy Graham, called Islam "a very evil and wicked religion," a remark he later recanted; and the head of the Southern Baptist Convention asked its 16 million members to pray that Muslims convert to Christianity. Such activities are examples of "reasserting Christianity as America's dominant religion." (Glanton)
What it might mean for Christianity to be the dominant force in a society is the focus of a recent book by renaissance literary scholar Debora Kuller Shuger. Shuger's Political Theologies in Shakespeare's England: The Sacred and the State in "Measure for Measure," looks at that subject through the unusual lens of a Shakespeare play. The book is not "about" Measure for Measure, Shuger pointedly insists, but rather uses the play and its principal source "as a basis for rethinking English politics and political thought circa 1600." (Shuger, 1) The rather long historical moment surrounding that point is the period in which modern political thought begins to take shape as a discourse separate from religion. But Shuger looks at this period not as a transition from religious to secular but as a clash between competing visions of a still-Christian state, with one of the main points of contention being the troublesome relation of private morality (especially sexuality) to public authority. In Measure for Measure, with its duke disguised as a friar bent on saving a man sentenced to death for pre-marital sex, she finds evidence of an "extended cultural debate" (47) about the nature of Christian community.
Notwithstanding her disavowal of writing "about" the play, Shuger's book requires a considerable amount of close reading in order to substantiate her analysis. It will be suggested here that her reading is rather selectively closer on some points than others. Yet it is an interesting and important book, and not only for what it reveals about the period of which she is writing. It is one of two very recent books that dwell extensively on theological issues and religious practices as subtexts of Shakespeare plays. The other is Stephen Grenblatt's Hamlet in Purgatory, a lengthy and detailed study linking Shakespeare's theatrical fascination with ghosts - most notably, the senior Hamlet - with the Protestant repudiation of Purgatory as a place where souls endure severe but finite punishment until prayers and "indulgences" by the living help them on their way to Heaven. (2001) "Religion matters," Shuger writes at one point (71), where her specific reference is to understanding Tudor-Stuart political thought. But the statement has deeper resonance. These books call attention to the historical and lingering importance of religion in cultural and political matters, an importance that does not end at the turning points of centuries. As she remarks in her introduction, noting the sometimes eerie similarities between the subject matter of her book and events occurring as she wrote it in the late 1990s, with a US president being impeached for sexual involvement with a woman not his wife, "the Protestant Left of Tudor-Stuart England has discernible affinities to the Protestant Right of Contemporary America." (4)
Different Wrong Sides
In 1552, the great Protestant clergyman Hugh Latimer delivered a sermon in which he related an anecdote about having visited a pregnant woman in prison. The woman had been convicted of murdering one of her children, though she maintained that the child had died of natural causes, and was sentenced to be executed after giving birth. Latimer came to believe her story, interceded on her behalf with King Henry VIII, and obtained a royal pardon for the woman. But rather than immediately telling her, he withheld this information until she had given birth and her execution was near. Latimer then found that the woman, though innocent of the crime, still feared damnation because she had not been "churched," or gone through the Catholic version of Jewish purification rituals following childbirth. Latimer did not believe the ritual necessary for salvation, so he and a colleague explained this theological error to the woman and set her thinking right. "Only when the poor prisoner adopted this doctrinal point and agreed that she could go to her death unchurched and still receive salvation did Latimer produce the royal pardon and let her go." (Greenblatt 1988, 129-30.)
Whether Shakespeare knew this story is uncertain. Yet some of its motifs - a clergyman visiting a pregnant woman in prison, working to secure a pardon for a person condemned to death, and then concealing the pardon until a crucial moment of revelation - would become key components in Measure for Measure. Like Latimer, the play's protagonist seems determined to bring salvation to other characters, but only after they have waited and learned enough to earn it.
Measure for Measure is set in Vienna, which gives Shakespeare a free creative hand with the friars and nuns banned in England. Vienna's ruler, Duke Vincentio, has absented himself and appointed a deputy, Angelo, to act in his stead. The central plot concerns the plight of a young man, Claudio, who has been sentenced to death for fornicating with his lover, Juliet, who is pregnant and now also imprisoned. Asked by Claudio's sister, Isabella, to spare her brother, Angelo replies with what has come to be called in the critical literature the "monstrous proposal" - that he will do so if she will have sex with him. Isabella refuses, because she is postulated to a religious order and thus determined to preserve her chastity at all costs, including her brother's life.
Into this crisis the Duke inserts himself in an effort to save Claudio, and also, it will turn out, Angelo and others as well. Yet he does not do so by simply commuting Claudio's sentence or removing Angelo from authority. Instead, the Duke's strategy is an elaborate mosaic of deception and manipulation. He disguises himself as a friar in order to gain privileged access, not only to certain places like the jail, but also to the thoughts and feelings of other characters. He enlists Isabella in a scheme in which she pretends to accept Angelo's offer, but when the appointed time comes for their assignation, her place is taken in bed by Mariana, the woman whom Angelo had once promised to marry but then abandoned when she lost her dowry. When Angelo reneges on his promise of mercy and calls for Claudio's head, the Duke deceives him by sending the head of a pirate who has died in prison and who happens to resemble the condemned man. Keeping Claudio's reprieve a secret from Isabella, the Duke persuades her to forgive Angelo for the execution that has not actually taken place. Then, after revelation of the Duke's identity and nature of his scheme, the play ends with a flurry of forced marriages and improbable pardons. Not only is Claudio ordered to marry Juliet, which presumably isn't much punishment, but Angelo is ordered to marry Mariana, and a local loudmouth and general ne'er-do-well named Lucio is ordered to marry a prostitute whom he has gotten with child. And in perhaps the two most surprising turns, the Duke pardons a convicted, unrepentant and perpetually drunk murderer whom he was willing to see executed only moments earlier; and then, after helping Isabella to preserve her chastity from Angelo, the Duke informs her that he wants to marry her himself.
That neither Barnardine nor Isabella responds to these rather astonishing developments might be said to prefigure some audience and critical reaction. "We never can be certain as to just how we ought to receive the play." (Bloom, 359) It was Shakespeare's last comedy, written just before the intense tragedy Othello, and it has commonly been classified as one of his "problem plays" partly because of the way "it stretches - some would say shatters - the normal limits of comic form." (Maus, 2021) But there is another important reason for critical discomfort with the play, Shuger suggests. While there is not much doubt about Angelo as a villain and hypocrite who punishes people for what he craves and does, the characters ranged against him "do not seem to be on the right side, but rather a different wrong side." (Shuger, 35)
Sentencing a young man to death for having sex with his girl friend must strike a contemporary reader or audience as a bit harsh, not to mention "strange," an adjective that Shuger frequently favors in calling attention to aspects of the play. That is all the more so in light of the couple's having been "pre-contracted," a state regarded by many then as endowing sexual rights. Indeed, Shakespeare himself may have so regarded it, as his first child was born just five months after his marriage. (Maus, 2021) Yet while the law Shakespeare inscribes in Vienna's books may be of questionable historicity, scholarship has shown that many Puritans did indeed favor the death penalty for fornication, adultery, and other forms of extra-marital sex. (Shuger, 9) And it is Claudio himself who is given an early speech providing a rationale for that severity. Never a particularly attractive or likable character, he explains human sexual behavior in rather less than romantic terms. While being paraded down the street in chains in order add humiliation to his punishment, he is asked why he is in custody. "From too much liberty," he replies, with that word carrying a sense of personal looseness or lack of control rather than political freedom.

As surfeit is the father of much fast,
So every scope, by the immoderate use,
Turns to restraint. Our natures do pursue,
Like rats that raven down their proper bane,
A thirsty evil; and when we drink, we die. (1.2, 104-10)
This image likening human sexual behavior to rats compulsively gobbling down poison is not the stuff of which Romeo and Juliet was made. But then this is not Romeo and Juliet. Conspicuously absent from this play is the dynamic that drives many other Shakespeare comedies, in which sexual desire ultimately leads to marriages that at least potentially offer both individual fulfillment and social stability. In Measure for Measure, there is hardly a kind word to be heard about sex. It is like drugs in late twentieth-century America, as Shuger notes in a nice analogy: "it turns people into criminals." (37) Sex represents what is base in human nature, and it leads to what is corrupt in society - streets full of prostitutes and pimps, and a lecherous leader who uses his power to sate the desires he punishes in others. "Once carnal desire comes unhinged from the institution of marriage, it begins to seem subversive of personal and civic order." (Maus 2022) What Claudio in chains tersely articulates, then, is a kernel of philosophical anthropology underlying the belief that human beings must somehow be tightly controlled. The word somehow probably should be emphasized, since what separates the two approaches to that subject in the play, as represented by Angelo and the Duke, concerns not the necessity for the control, but rather how it is to be best accomplished.
The play's principal source is George Whetstone's Promos and Cassandra (1578), which also tells the story of a condemned man, an official's "monstrous proposal" to provide leniency in return for sex, and a ruler who finally brings justice to the scene. Yet here, as in most Shakespeare plays, it is equally important to notice how the source alterations or additions to the source story. The entire Friar-Duke charade is an addition, for instance, as is the character of Barnadine, the perpetual drunkard and murderer who is pardoned at the end. Also, the cause of justice ion Whetstone's play is not carried out quite so single-handedly by the king, but is abetted by other characters who appear to have some moral agency; the condemned Andruglio, for instance, is freed by a jailer. Finally, Shakespeare's play essentially dispenses with overriding social justice concerns that are important in Whetstone's, and shows instead, an insistent preoccupation with individual lives.
Administering God's Laws
In keeping with a New Historicist approach, Shuger also draws attention to what might be called the deep sources of the play. Those include two key works of Puritan political theology, Martin Bucer's De regno Christi (1550) and Richard Baxter's Holy Commonwealth (1659). As the date makes clear, the latter work obviously was not in any sense a source for Shakespeare. Yet the envisioning of a Puritan theocracy at that date helps make Shuger's point that, "although the Reformation eventually led to the privatization of religion and the secular state, its short-term effect was nearly the opposite." (43) For what was envisioned was not the secular state that would develop, but rather a Christian society purified of its relics and shrines and transubstantiated hosts - its indulgences in a sense of that word that surpasses its reference to the practice of selling tickets out of Purgatory. "On the eve of the Restoration," Shuger notes,

Baxter holds on to the Puritan vision of a "theocratical policy,' where state and church have become "altogether or almost the same," where princes administer "God's laws," where prosperity matters less than "the honor and pleasing of God, and the salvation of the people" - in short, a holy commonwealth, which Baxter, like Bucer, equates with the "reign of Christ on earth." (Shuger, 43)
Translated into a Christian polity, the Puritan vision is all-encompassing of human lives, and is highly punitive. It is a discipline based on rules and regulations (Shuger, 49). The vision is presented in one of the other works to include a "monstrous proposal," Thomas Lupton's Too good to be true (1581). Lupton's version reverses Shakespeare's. Whereas Shakespeare's begins with a harsh judgment and ends with pardons, Lupton's begins with a plea for mercy and ends with justice in the form of the judge being sentenced to death by the ruler. It is plausible to think that Shakespeare knew Lupton's work. Shakespeare's title is taken from the same chapter of the Gospel of Matthew as the "golden rule" central in Lupton's work. The relevant Shakespeare passage is "Judge not, that you be not judged. For with the judgment that you pronounce you will be judged, and the measure you give will be the measure you get." (Matt 7:1-3) The golden rule comes from Matt 7:12: "So whatever you wish that men would do to you, do so to them; for this is the law and the prophets." (New Oxford) But whatever familiarity Shakespeare might have had with the Lupton text, what is important is that his work constitutes such a conspicuous counter-narrative.
In Puritan political theology, law has a central function, and that is "to impose sacred order on human society." (Shuger, 21) This emphasis on law is typically traced to the Torah of the Hebrew Scriptures, and Puritan writings often explicitly refer to laws being handed down directly by God. Yet the Bible is famously in-explicit and terse to the point of vagueness on the subject of sexual morals, with which Puritan polity and Shakespeare's play are deeply preoccupied. In this area, Shuger shows that Puritanism's debt to classical sources. Specifically, the proposals of Bucer are taken from Plato, and especially from the Laws, the philosopher's last and longest dialogue. To be sure, Plato does not view law narrowly as a system of requirements and prohibitions; it rather embodies the highest of personal and societal ideals. But Plato's text is deeply concerned with sexual regulation. It is, Shuger suspects, "the first text in the intellectual history of the West to restrict permissible sex to married, reproductive intercourse - and to make this sort of sexual regulation one of the state's primary tasks." (11)
Shuger thus traces this tradition emphasizing public control of private lives from Plato to the Puritans. With historical hindsight, it is possible to say that there was a significant change of course at that point, and that the successful counter-narrative turns out to be the modern secular state. Yet Shuger invites readers to view Measure for Measure as a forum for a fairly intense debate about the nature of Christian community in the long wake of the Reformation. In that context, the duke and his deputy represent separate and conflicting strains of thought in late Elizabethan England.
That Angelo represents a Puritan strain is suggested by his own professed strict adherence to law, specifically on sexual matters. "It is the law, not I, condemn your brother," he tells Isabella. (2.2, 82) And the frequent descriptions of him as "precise" link him to the "precisians," or Puritan rigorists. (Maus, 2023) Puritanism, as religion and as society, entails strict enforcement of laws. Puritans "were marked by 'a distinctive preciseness or scrupulosity about their own and other people's moral conduct,' a determination 'to impose godly behavior upon all residents,' and 'a willingness to use physical punishment…to enforce proper conduct.'" (Shuger 11, quoting from Peter lake, "Puritan Identities," Journal of Ecclesiological History 35 [1984]: 112-23. The Duke provides an alternative to his deputy.
Mixta Persona
First performed in 1604, Measure for Measure is often regarded as a compliment to the diffident James I, after the more extroverted Elizabeth he replaced. That the play's ruler retires from view can be seen as a mirror of the monarch's less visible role. But James had no particularly modest view of his position. In Basilicon Doron he wrote to his son about being mixta persona, or both priest and layman (Shuger, 59). Such a person is mixed, James told Prince Henry, "betwixt the ecclesiastical and civil estate: for a king is not mere laicus, as both the Papists and Anabaptists would have him, to the which error also the Puritans incline over-far." (Shuger, 59)
"By asserting the king's priestly aura in the teeth of papal and presbyterian claims that rulers, whatever their temporal eminence, are mere laypersons and hence subject to the church, the passage underscores the link binding the sacral/sacerdotal kind of high Christian royalism to the urgent post-Reformation contest over whether the state should or could be the primary bearer of the sacred." (Shuger, 59)

The Duke's undercover work as a friar is interesting and important in that connection - though not only in that connection. That one of his tactics involves deceiving Angelo (and Isabella) into believing that Claudio has been executed links him in a curious way to the real friars in at least two other Shakespeare plays. One, of course, is Friar Lawrence in Romeo and Juliet, and the other is Friar Francis in Much Ado About Nothing. One thing that all three friars have in common is that each devises a plan in which the solution to a pressing problem is creating the pretense that someone still living is dead. Friar Lawrence prepares a potion that induces a forty-two hour deathlike state in Juliet. Friar Francis in Much Ado suggests that false rumors about the wrongly accused Hero dying of shame will help bring her slanderers to their knees. And Friar Duke serves up an impostor's head on a platter in order to make convince Angelo that the condemned man is dead.
The plays where friars freely roam, wheel, and deal are set outside Protestant England, where religious orders had been eliminated before Shakespeare's time. Yet that he returns to this motif of friars exercising power over life and death suggests the playwright's perception of the powerful hold these figures still possessed on the popular imagination. As Greenblatt has persuasively argued (2001), the vividly drawn ghosts in Shakespeare offered his audiences a powerful way to connect emotionally with the dead, with whom an important channel of contact had been officially severed by the Protestant rejection of Purgatory. Although Protestant theology also stripped the pastor of the power to transform bread and wine into sacrificial body and blood, Shakespeare's friars afford audiences the opportunity both to identify with, and distance themselves from, the beliefs and practices of an essentially supernatural clergy. While Friar Francis' idea of spreading rumors about Hero's death seems an almost superfluous addition to a plot that could have survived without it, there is no question about the dramatic centrality of Juliet's simulated death. And the fact Friar Lawrence's scheme leads to the real death of the young lovers - yet also apparently achieves his goal of making peace between the families - illustrates sharply how thoroughly and ambiguously the blessings of priestly power are mixed.
In Measure for Measure, in contrast, Friar Duke appears to have virtually no limitations on his power to bring his plans to fruition. Because of his determination and ability to assert control over the lives of his subjects, "Some critics see him as a version of God, 'like power divine,' as Angelo declares in the final scene.'" (Maus, 2026) The clause "critics see him" implies that the perception requires considerable interpretive insight. In fact, while the Duke never calls himself God, it seems clear that he understands a ruler as representing the deity's intention and carrying out divine will. That is concisely communicated midway through the play in two lines that may constitute the most important couplet of the work:
He who the sword of heaven will bear
Should be as holy as severe. (3.1, 481-82)
The second line outlines the duke's mission of mitigating punishment not only with mercy but "holy" instruction; the first summarizes his identity. As Shuger says, the "friar's robes seem to disclose rather than disguise the nature of his authority." (36)
Shuger's book helps make a certain kind of explicit sense of that couplet and of the Duke's actions. It is a sense that derives directly from the understanding of sacral monarchy espoused by James, who acceded to the throne shortly before the play was produced. It is an understanding of the king as that mixta persona, as both layman and clergy, both civil and spiritual leader: "Kings therefore, as God's deputy-judges upon earth, sit in thrones…not as laics…but as mixtae personae…being bound to make a reckoning to God for their subjects' souls as well as their bodies." (quoted in Shuger, 110) Here, then, is a portrait of the monarch as "king of souls." Thus, "The Duke embodies and enunciates what seems to have been the dominant understanding of monarchy circa 1600." (Shuger, 71)
The linked themes of responsibility and reckoning for souls are expressed in related remarks by the Duke near the beginning and end of the play. When he meets with a real friar to arrange his disguise, he alludes to the excessive "liberty" cited by Claudio as the cause of his offense, yet he attributes the consequences not to his subjects' animal nature, but more to his own failure to control them. Though there are "strict statues and most biting laws," they have been "let slip," he says, and "'twas my fault to give the people scope."
Now, as fond fathers
Having bound up the threat'ning twigs of birch
Only to stick it in their children's sight
For terror, not to use, in time the rod
More mocked becomes than feared: so our decrees,
Dead to infliction, to themselves are dead;
And Liberty plucks Justice by the nose,
The baby beats the nurse, and quite athwart
Goes all decorum. (1.3, 19-31)
As for the reckoning, that is brought into play in the bitterly comic scene in which the condemned murderer Barnardine adamantly refuses to go to this death because he is once again too drunk to be prepared for it. The duke sends him back to his cell and offers this gloss:
A creature unprepared, unmeet for death;
And to transport him in the mind he is
Were damnable. (4.3, 59-62)
As Shuger observes, one claim being made in those lines is that Barnardine would be damned if executed without proper preparation. But another is that the duke would be damned if he allowed that to happen. "This second claim makes the civil magistrate responsible to God for his subjects' souls." (Shuger 109)
Whereas the "precise" Puritan Angelo sees his duty as strictly enforcing the law in the form of punishing wrongdoers, Shuger finds in the Duke a penitential model of Christian community. The object is to move wrongdoers to an increased appreciation and understanding of their sins so that at least their souls might be saved. Thus, for instance, the Duke initially plans to let Barnardine be executed and his head substituted for Claudio's, and abandons that plan only when the murderer proves too drunk to proceed. This provides one avenue to understanding the duke's relentless manipulation of other characters, the way he "forces virtually all of the major characters to face dreaded punishments - before he pardons everyone." (Greenblatt 1988, 133)

The End of Anxiety
One way of characterizing the duke's actions would be the management of "salutary anxiety," as Stephen Greenblatt does in a discussion of that strategy in the theater and public policy as well as religion. As a theatrical strategy, it "is brought to a kind of perfection by Shakespeare," especially in the tragedies (Greenblatt 1988, 134) Outside the theater, King James and other monarchs used the strategy to maintain civil authority:
Public executions and maimings were designed to arouse fear and to set the stage for the royal pardons that would demonstrate that the prince's justice was tempered with mercy. If there only fear, the prince, it was said, would be deemed a tyrant; if there were only mercy, it was said that people would altogether cease to be obedient. Similarly, religious anxiety was welcomed, even cultivated, as the necessary precondition of the reassurance of salvation. (Greenblatt 1988, 137)
Measure for Measure seems to be set in a society where people have "ceased to be obedient." Accordingly, the duke's plan calls for what late twentieth-century jargon might term "optimal anxiety effect." Claudio, for instance, is left in the dark about plans to save him and repeatedly told to prepare for death; Mariana's pleas for Angelo's life are repeatedly rebuffed before he is spared; and in perhaps the most interesting instance, Isabella, is pointedly though temporarily deceived about her brother's fate. Muses the duke:
…I will keep her ignorant of her good,
To make her heavenly comforts of despair
When it is least expected. (4.3,101-04)
With the possible exception of the duke's claim to bear "the sword of heaven," perhaps no aspect of his behavior has aroused more suspicion and even outrage than his manipulation of Isabella. One of the more colorful examples comes in a massive book on Shakespeare written in 1998 for a popular audience by professional academic curmudgeon Harold Bloom. In especially fine form, sublimely disgusted, Bloom calls Measure for Measure "a masterpiece of nihilism" in which "every stated or implied vision of morality, civil or religious, is either hypocritical or irrelevant….I scarcely see how the play, in regard to its Christian allusiveness, can be regarded as other than blasphemous." (Bloom, 359, 363) And the core of the corruption is found in Duke Vincentio, whose entire charade Bloom reckons an elaborate scheme to seduce and possess the virginal Isabella - whom Bloom amazingly calls Shakespeare's "most sexually provocative character." (365) Although "Angelo's sadomasochistsic desire for the novice nun is more palpable than the Duke's lust," Bloom hisses, "the difference between the two is in degree, not in kind." (365)
Interestingly, perhaps tellingly, Shuger is silent on the subject of the duke's last-minute marriage proposal to Isabella, saying only, "I have nothing to say about whether Isabella accepts the duke." (6) What she focuses on in the interaction between those two characters is the duke's determination to coax forgiveness for Angelo from Isabella before he will publicly reveal (and thus sanction) Claudio's reprieve. This he accomplishes by manipulating Mariana to recruit Isabella in the cause of pleading for Angelo's life after his malfeasance has been exposed. When Mariana suggests that her husband might be one of those men who "become much more the better/ For being a little bad," Isabella replies with remarks that suggest she might have been reading Bloom. For she essentially attributes responsibility for his actions to herself:
I partly think
A due sincerity governed his deeds,
Till he did look on me. Since it is so,
Let him not die. My brother had but justice
In that he did the thing for which he died.
For Angelo,
His act did not o'ertake his bad intent….(5.1, 430-45)
From the fact that Isabella has been kept unaware of her brother's true fate, a reader might plausibly infer that the duke has been creating an emotional indebtedness that will set her up for his proposal. But his real motivations, Shuger insists, are "the hope that Isabella will come, of her own accord, to side with forgiveness" - itself a Christian virtue - and also the hope that Angelo, if spared, might yet reform. (100)
In a larger context, Shuger weaves the play's entire "bed trick" sequence - Mariana substituting for Isabella in Angelo's garden shed - and its consequences into a thoughtful discussion of the concept of equity in law. One long chapter of Shuger's book is a densely informative examination of the English courts and justice systems of the era, and it is immensely valuable quite apart from its connection to Shakespeare's play. What it focuses on are both the principle of equity as an approach stressing the uniqueness of certain cases as against the generalizations of common law, and also the evolution of the chancery as an alternative to the common law courtroom as a venue for handling such cases. Courts of chancery and equity are now firmly established jurisdictions in the United States, but the influence of church tribunals and other religious factors probably is not well enough known. Shuger's work helps to correct that.
She points out, for instance, the important role of clerics in development of equity courts. "The fact that so many of the men who developed the basic principles and procedures of English equity were clerics meant that equity, as contemporaries recognized, was a specifically Christian justice system." (88) And the religious origins of some legal principles and practices clearly have left certain marks on the later secularized systems of justice. Citing legal historical scholarship, she observes that the general presumption against executing insane people - a presumption that has recently been eroding - derives from the fact that such an execution would deprive the defendant of the chance for a soul-saving confession. "This rule, which survives in most western legal systems, originally rested on theological considerations…." (113)
Viewed in relation to the play, the important thing to notice about English equity is that it developed in response to perceived defects in the common law. Of course, how those defects were perceived often depended on the position of the perceiver. As early as the fourteenth century, the common law was being criticized as a system too rigid and inflexible to respond to many situations. Thus, "The transformation of Chancery from an administrative department into an equity court began in the late fourteenth century, when petitions addressed to the Council alleging that some defect in the common law the petitioner could not get justice in the ordinary courts started being delegated to the chancellor." (Shuger, 84) It proved a popular venue, with a caseload that quadrupled during the latter half of the sixteenth century, and it was viewed as "quicker, cheaper, not rule-bound, better able to unearth the truth, more interested in fair play and moral right than legal technicalities." (Shuger, 85)
What this points to, obviously, is a "not rule-bound" venue in which the person presiding has extraordinary power, including the authority to ignore or override existing laws, in order to determine what is morally right and in the best interest of everyone. The rationale for this was partly theological, since, under sacral kingship, the king's "duty is to enforce not the law of the land but the higher justice of God." (Shuger, 77) Of course, the king did not personally preside in Chancery Court or its criminal counterpart, Star Chamber, except on rare occasions, but the duty and the power extended to his deputies.
This is a responsibility that the play's deputy, Angelo, explicitly refuses to take on - or seriously When Isabella pleads for her brother's life, Angelo points to the law and insists that he is a mere instrument with no more power than the ink in which the law is printed:
It is the law, not I, condemn your brother.
Were he my kinsman, brother, or my son,
It should be thus with him. He must die tomorrow. (2.2, 82-84)
That Angelo later reveals both his hypocrisy and his dishonesty, by negotiating the law away in a deal that he does not even keep, does not alter his status as a "precise" representative of a rule-bound Puritan version of Christian community. When Isabella suggests that Angelo condemn "(Claudio's) fault,/ And not my brother" - in other words, that he condemn the sin but not the sinner - the deputy scoffs at such an idea:
Condemn the fault, and not the actor of it?
Why, every fault's condemned ere it be done.
Mine were the very cipher of a function,
To fine the faults whose fine stands in record,
And let go by the actor. (2.2, 35-41)
What the duke's actions then construct as an alternative is the model of a penitential rather than penal Christian justice system. While he pointedly ignores the law requiring execution for fornication, it is the bed trick that is really the pivotal maneuver in bringing all the parties to the point where he wants them in the play's strange climax. Even if he were not successful in saving Claudio for some reason, that character's real death could result in the same forgiveness by Isabella as the death pretense. Without the bed trick, however, the duke could not elicit Mariana's testimony to get Angelo called on the carpet, and thus try to provide for her as well as offer the deputy the chance of repentance. An understanding of those interconnections is important, because the Duke does, after all, deceive many people about many things. But that is fair play under principles of equity, which recognized the rightness of dolus bonus, or "the good trick," as a tactic for achieving the ends of justice. "Like canon and (civil) law," Shuger notes, "equity thus seems to have recognized the possibility of legitimate deception…." (94)
Equity also recognized "slanderous accusations against good and upright justices" as a very serious offense. (Shuger, 94) And that is what brings the play's colorful character Lucio under ducal jurisdiction, so to speak. If Lucio has some vocation other than being a "burr" (4.4, 165), he certainly does not pursue it very aggressively. Besides continually disrupting the Duke's somber proceedings of revelation and justice administration at the play's end, Lucio slanders the Duke, lies about the alter-ego friar, and then insults the Friar-disguised Duke to his face as a "bald-pated lying rascal" with a "knave's visage" and a "sheep-biting face." (5.1, 344-48) Even Bloom, who maintains Lucio is "saner than anyone else on stage," finds that the character "rails on with an intent we cannot grasp." (Bloom, 362)
Whatever his "intent," Lucio's railings against an important official give the Duke cause to punish him. And his punishment is emblematic of what happens to other characters. He is ordered to marry Kate Keepdown, the prostitute whom he has impregnated and previously refused to wed. Like Angelo, he declares death a preferable fate, but this is one time that the Duke will not be budged. This concluding scene constitutes one measure of the distance of Shakespeare's play from its principal source. For whereas Promos and Cassandra's king is highly concerned with broad issues of social justice, the Duke is a ruler who has been taking confessions, urging repentance, and engineering an outcome that will provide for wronged women and fatherless children, and perhaps spiritually improve the men in their lives. In his role as king of souls, "Duke Vincentio betrays an extraordinary concern for the well-being of private individuals." (Shuger, 101)
Are these marriages made in heaven, to coin a phrase? To complain that they are not, as much criticism emphatically has, is to miss the point, Shuger argues. The point is the exercise of temporal forgiveness in an effort to inspire spiritual repentance that will lead to salvation. And that point is sharpened by the question of whether the worst wrongdoers are capable of repentance or beyond hope. That directs attention to another addition Shakespeare made to his source, the creation of the perpetual drunkard and unrepentant murderer Barnardine. Can such a person be reformed, or should he be eliminated from society before he contaminates others? "From the Elizabethan era through the Civil Wars, Anglicans split over the problem of the ungodly, over what to do with Barnardine?" (Shugar, 123) Duke Vincentio pardons him.
To be sure, it's worth remembering that the pardon is not part of the Duke's original game plan. At one point, he is perfectly willing to have the convict executed and his head substituted for Claudio's, before that scenario is subverted by Barnardine's persistent refusal to sober up. Yet in the final moments of the play, the duke has the condemned man brought before him and addresses him:
Sirrah, thou art said to have a stubborn soul
That apprehends no further than this world,
And squar'st thy life according. Thou art condemned;
But, for those earthly faults, I quit them all
And pray thee take this mercy to provide
For better times to come. (5.1, 474-79)
Viewed strictly in terms of the plot, this action is basically inexplicable. Barnardine has only a few lines, no connection to other characters, and no real personality traits other than "stubborn." But one plausible way to explain his reprieve is as a demonstration of the duke's conviction that the possibilities of repentance and salvation can extend to a hardened felon as well as fornicators and manipulators, and this radical model of forgiveness "implicitly repudiates the Puritan disciplinary agenda of a purified Christian community on which it rests." (Shuger, 124)
It is important to notice that the anti-Puritan alternative represented by the Duke is by no means identical to the modern political discourse that would eventually shape Western society. In contrast to Puritanism's Platonic roots, which call for the imposition of a divinely ordered template on civil society, the dominant tradition would become Aristotelian thought, which legitimates the political as a realm separate from the sacred, and Enlightenment ideology that would legitimate the private as a realm separate from the public. In that respect, insofar as Shakespeare's play is a certain vision of social organization, its envisioned society is a close sibling to the Puritan Utopias of figures like Bucer and Baxter. All are "visionary theocracies," as Shuger puts it, with the big difference that the play experiments with a penitential rather than penal model of Christian community. "The Friar-Duke's Vienna is an attempt to imagine what Christianity might look like as a political praxis." (Shuger, 131)
Out of Africa
Shuger's persistent pairing of Shakespeare's play with the Puritan texts is instructive. For however suggestive Measure for Measure might be of an alternative view of Christian community, and however consistent with such a vision, certainly the work of drama lacks the fairly unambiguous and programmatic quality of the religious tracts. Late in the book, Shuger pauses to note this, acknowledging that her argument for an alternative version of political theology relies on fragmentary evidence which does not include texts comparable to the works of Bucer and Baxter. "If there is a second version of political theology, one modeled on penance rather than law-enforcement," she reflects, "one would expect to find it explicitly articulated, and late sixteenth-century materials provide no such articulation." (134)
Her response to this dilemma is to hypothesize that the penitential line of thinking "went underground at the Restoration" (a clause that actually occurs much earlier in the book, 41). The book's final few pages then are devoted to explorations that take her from England to Africa. There she not only finds roots of this alternative view of Christian community in St. Augustine, whose views on the sordidness of sexuality actually have made him a sort of patron saint of Puritanism, but also its reemergence in post-Apartheid South Africa.
Augustine's writings actually figure prominently at two points in Shugar's book . In one, a long passage from a Martin Luther sermon on hypocrisy quotes a City of God story in which "great empires" are equated with "dens of thieves." A pirate imprisoned by Alexander the great complains, "I do this with a small boat, and I am called a robber; but you do it with a huge fleet and are called an emperor," prompting Augustine to gloss, "thus the big thieves act as judges of the little thieves." To Shuger, this lends theological depth to the distinction between the duke and his deputy: "the big thief who punishes little thieves is the negative counterpart of the sacral ruler, the deputy of the the duke [sic]." (Shuger, 67-68) In the other major reference to Augustine, Shuger relies partly on the bishop's exchange of letters with Donatus, proconsul of Africa, about the treatment of offenders to make this argument:
Virtually all of Augustine's writings on Christian polity center on penitential justice. While Augustine never denies the state's right and duty to punish offenses, he insists again and again that, for christians, true justice seeks above all, the good of the offender; both in punishing and pardoning, it endavors to heal the wrongdoer, to lead him to repentance and to salvation." (Shuger, 135)
At this point, both Shuger's meaning and her strategy seem fairly clear: It is possible to invoke a strand of venerable Augustinian thinking in support of this penitential model of Christian community which appears to have been, in the larger picture of the Christian (and Western political tradition) basically the road not taken. But then she poses some questions arising from the topics her book has explored:
Might penitential justice work? Not that those forgiven would always repent, neither Augustine or the Friar-Duke expects that; but might it work as an imperfect, risky, problematic system of temporal justice: as an alternative to the penal system, as a method a state could conceivably adopt to deal with real criminals? What would Christianity look like as a political praxis? (137)
Now, Shuger has devoted much of her book to showing what that might look like, inasmuch as that is largely how she characterizes the Viennese regime of Duke Vincentio. But apparently because she does not want the book to be "about" the play, she abruptly shifts gears and responds to the question with a three-page italicized reproduction of passages from and about Truth and Reconciliation Commission hearings in South Africa in 1997. The disjointed segments end with a passage questioning "the imposition of a Christian morality of forgiveness into a political process," at which point Shuger returns to an authorial voice for a strikingly peculiar two-sentence conclusion: "I do not know whether we should permit it. My point is simply that Measure for Measure's version of Christian morality has in fact been imposed on a political process - that it could work." (Shuger, 140)
It is very difficult to parse that last sentence. The part before the dash certainly seems to imply that the Christian morality of Shakespeare's play has been imposed on the political process in the South African scenario just mentioned. But "that it could work," coming after the dash, makes very little or at least very difficult syntactic sense. The most plausible interpretation seems to be that the post-hyphenate clause refers back to "my point" - that the play, in other words, suggests that Christian morality could work, and that the South African TRC hearings support that claim. If that is a more or less accurate interpretation, then it converts Shuger's book from an analysis of early modern political thought to an endorsement of a particular type of religio-political community. There's nothing inherently ignoble or embarrassing about such an endorsement, but it would seem to be more effective, as well as more honest, if the conversion were openly confessed.
The murkiness of Shuger's last sentences underscore the point that it is ultimately unclear what conclusions the author would like to see drawn from this often interesting, informative, and engaging book. Her identification of what has been called here the deep sources of Shakespeare's play and the writings of his contemporaries is valuable and important, and so are analytical strategies that often greatly illuminate that period and how it is historically connected to others. She certainly does show that ideals of a Christian society did not stop on a dime, and that the modern secular state did not come into existence overnight. As to her stated goal of using the play as "a basis for rethinking English politics and political thought circa 1600," however, it remains somewhat unclear just what specific implications or consequences that rethinking is supposed to have.
Is the Duke Good Enough?
Shuger seems to hoist a flag of penitential justice as an alternative to penal systems that emphasize imprisonment or other punishment. Yet she does not mention alternatives that have been offered in recent years in Europe and North America in the form of "restorative justice" plans, which seek a non-punitive and balanced approach in responding to offenders, victims, and communities. (Braithwaite, Cragg, Hadley) Many models of restorative justice are explicitly Christian in origin and foundation. Under normal circumstance, of course, it is hardly a fair criticism of a book about Shakespeare's England to complain that there are no references to twentieth-century criminology. Shuger, however, alters those circumstances considerably with her last-minute invocation of the South African scenario.
But to return to the century of Shakespeare, perhaps the most important problem that Shuger has failed to deal with is one that she raises herself, though she never acknowledges just how serious it is for purposes of her own argument. It is what might be called the problem of the good man. It arises from notions of sacral kingship giving a ruler power unregulated by any earthly checks or balances. The core of Shuger's concept of non-Puritan but still Christian community is not a set of laws to be enforced or protocol or procedures to be followed, but rather a godlike ruler. As Shuger herself notes, "The personalist emphasis of sacral kingship makes it crucially important that the ruler be morally good." (62)
Does Friar Duke fit that category? Shuger declines to comment. It is not necessary to join in the blustering of someone like Bloom in order to notice that the duke seems pretty devious and his motives sometimes pretty murky. Shuger draws on a wide range of resources in her book. She cites passages of dialogue consistent with the Duke understanding himself as the ruler of a Christian community. Yet she cites no evidence indicating that he is a morally good man, and she basically ignores questions raising the possibility that he is anything but. She even declares at one point that the play has an "anti-Machiavellian topos" (38), a particularly curious claim to make about a play with such an obsessively manipulative protagonist. She does not have to vote for Duke Vincentio, so to speak, in order to argue for the relevance of a non-Puritanical model of Christian community. But if he is not the morally good man required for the job, then what, finally, is the relevance of this character, or this play, for that argument? Not to address such a central question is a serious shortcoming of the book.
In his op-ed piece, Rushdie stridently insists that "the secularist-humanist principle" is the only alternative to violent religious fanaticism. What Shuger seemingly wants to suggest is that there is a model of religious community that is yet an alternative to the fanaticism of the Puritan-Religious Right axis that she notes in her introduction. She seeks an illustration in the "strange justice" (133) administered by a particularly enigmatic ruler in a notoriously difficult Shakespeare play. When Shakespeare himself manipulates anxiety in the theater, the purpose is to afford the audience pleasure, Stephen Greenblatt notes, and the point is to "give such delight that the audience will pay for it again and again."(1988, 135) The fulfillment of Shuger's argument would require showing that the Duke's manipulation truly leaves everyone better off. If it does not, then the play might be more ironic commentary than illustration, much less endorsement, of her theme. Shuger's reluctance to broach that subject engenders the suspicion that Friar Duke might not be the right man for this role.


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