In the final trial of Measure for Measure (in Act 5), the Duke as the presiding judge condemns Angelo for the death of Claudio and imposes the death penalty. He summarizes his judicial reasoning when he proclaims (alluding to the name of the play):
The very mercy of the law cries out
Most audible, even from his proper tongue,
"An Angelo for Claudio, death for death."
Haste still pays haste, and leisure answers leisure;
Like doth quit like, and measure still for measure.-- (5.1.463-7).
What kind of argument is he making? Is this a key idea of the Duke's jurisprudence or is he trying to mock it (after all he does pardon Angelo later in the scene)? Does the play make a comment on this kind of judicial reasoning? What is the measure of "measure for measure"?
Thank you Ahmed, very cool!!
ReplyDeleteThe Duke is arguing for retributive justice. Since the Duke believes Angelo had Claudio killed, he sentences Angelo to death as compensation, “An Angelo for Claudio, death for death”(5.1.463-7). This type of proportionality is a key component to the Duke’s jurisprudence. The Duke’s later pardoning of Angelo was only after learning Claudio was still alive. The Duke had planned to kill Angelo before leaning about Claudio, revealing his belief in Hammurabi’s code, and the philosophy of “an eye for an eye”. The play comments subtly on this issue through the different court cases and the lack of rehabilitation for criminals. In Angelo’s case of Claudio, Angelo does not attempt to help Claudio, instead punishing him immediately, allowing no opportunity for Claudio to defend his reputation. Then in Escalus’s hearing of Pompey and Froth, Escalus chooses to let them off without serious punishment, but does not attempt to stop them from continuing in their previous practices. Lastly, in the Duke’s hearing with Angelo, Angelo is quickly sentenced to death similar to Claudio’s case, and is not given a chance to have a normal life again. While the Duke later pardons everyone, he does so in a proportional way, and being equally lenient to everyone. Therefore, the Duke’s jurisprudence philosophy is still fair. “Measure for measure” is used to distribute justice evenly and account for the wrongdoings of the individuals in question. It is important because it allows justice to be fair and even for all cases. If someone commits a crime, a fitting punishment of the same magnitude as the crime will then be administered on the criminal. “Measure for measure” is extremely important in the justice system and in the novel because it does not hold bias towards any individual, allowing for a fair justice system.
ReplyDeleteHere Comes the Judge
ReplyDeleteIn act one, scene three of Shakespeare’s play, Measure for Measure, the duke describes that Vienna “has strict statutes and [the] most biting laws” (1.3.20), yet the “head strong weeds” (1.3.21) of lawbreakers have thrived for 14 years. It is time, he says, for his deputy, Angelo, to “inforce or qualify laws as to [his] soul seems good” (1.1.71-72), the duke has been called away from the city. Unbeknownst to everyone, to the duke is lying as he stays in his city disguised as the friar, preforming his master plan to fix the issues in the city and make everyone happy. By the end of the play, the duke’s success in fixing the cities issues in a kind way is clearly shown in the way he, as the friar, manipulates Claudio’s execution to allow for neither Claudio nor Barnadine’s to die and instead gives Claudio the head of a notorious pirate who died for disease the night before. In this way, the duke is making all parties happy, while showing the city that someone has died for their crimes, making the law stronger. A second way the duke keeps all parties happy is through the bed switch with Isabella and Mariana, allowing Mariana to get back at Angelo for unjustly leaving her, but still keeping Angelo under the impression that he is sleeping with Isabella. This allows for Angelo’s confession at the end of the play, because he feels bad about the actions he has done to Isabella. The final way the duke’s plan is a success is that, in the end of the play, he leaves everybody feeling happy by allowing Claudio a pardon to marry his wife, allowing Angelo a pardon as long as he marries his wife, and finally giving Isabella happiness by asking her to marry him. Through all this happiness though, the city still has been shaken up by Angelo’s rule, giving the laws more meaning in the eyes of the people. The fact that the duke is able to keep the rule of law, but still keep all parties happy shows that a judge should be lenient, but use cunning and think about the broader causes of their ruling. Everybody is married in the end so here comes the judge is really here comes the bride.