Explainer

Creed

Theatre

20 April 2023

7 min read

How Shakespeare seasoned justice with mercy

As Shakespeare’s birthday approaches, Anthony Baker explores how the playwright let two ancient enemies fight it out on stage – justice and mercy.

Anthony Baker

Anthony is a theology professor at Seminary of the Southwest in Austin, Texas.

A line illustration of a theatrical play scene showing a crowd waiting on standing and sitting judges to make a decision

A scene from Measure for Measure, The Spirit of the Plays of Shakspeare (sic), Howard (1828-33).

Public domain, via Wikimedia Commons.

In order to act with mercy toward someone, must I forgo a sense of justice? If I decide to act justly, have I decided to leave mercy behind? These are questions of philosophers and theologians. They also provide some of the thickest philosophical and theological ponderings of William Shakespeare.

A studied contemplation of mercy and justice does not, of course, originate with the Elizabethan playwright. For as long as humans have pondered how to order their civic spaces, they have puzzled over the demands of each. Around 500 B.C.E, Rabbi Yehudah is recorded as having said that God spends three hours a day on a throne of justice before getting up and crossing over to a throne of mercy, on which he spends an equal length of each day. 200 years later, when Plato devoted his most famous dialogue to the question of justice, he gave only the slightest nod to mercy, acknowledging that the just ruler would need a reputation for generosity.

Though many of Shakespeare's plays notice the interaction, or lack of interaction, of these two qualities (The Tempest and nearly all of the history plays, for instance), he penned two for what seems to me the explicit purpose of letting these two ancient enemies fight it out on stage. I'll focus on one of these and return briefly below to the other.

Justice Unbound

The first, Measure for Measure, takes its title from a line from Jesus' sermon on the mount. This is a signature move of the Bard, to take a religiously charged line, doctrine, or even person, and make theater out of them. While some have argued that this was all he was doing with religion or theology, I have suggested that he is doing more. He is mining the depths of faith language to see if he can find gems that we might be missing if we only pay attention to the identity politics of Reformation era England. "Grace is grace despite of all controversy," one character in this play says. That could be the tagline for Shakespeare's theological interventions.

We see Shakespeare having some of his typical fun with religion in Measure for Measure. The Duke of Vienna gives away his power in order to go abroad, as he claims, for a piece of international politics. In fact, he sneaks back into the city immediately, now disguised as a friar (a member of a religious order like the Franciscans). He tells the friar who lends him the robes that he is doing this because he has made an irresponsible practice of letting the city's "strict laws and biting statues slip." He has, that is to say, been more of a merciful father than a just ruler. He doesn't want to unbind this "tied-up justice" himself, since he fears this would cause his people to question his integrity. ("But you've always been so merciful before now!") So, he contrives a plan to deputize one of the nobles, Lord Angelo, to be the hammer of justice in his stead. He also hints that there are other reasons for his disguise. I'll come back to that bit of foreshadowing.

Angelo immediately finds an episode in need of his firm hand. A gentleman named Claudio has got his girlfriend, Julietta, pregnant. There are in fact circumstances that seem worth considering: the two are engaged and are only waiting for her to receive her dowry - arranged before they go to church. But Angelo will not hear of clemency. He is severe, one noble remarks. This is as it should be, a wise old Lord responds. "Mercy is not mercy that oft looks so," he says, perhaps angling gently at a critique of the Duke's mode of operation.

Justice only deals with what it can see, in other words. We pick up a jewel on the ground only when it catches the light; buried or soiled, we walk right past it or even trample it.

Merciless Secrets

At this point in the play we have our two adversarial qualities in neat, separate containers. One container, called The Duke, is only merciful. But this container must be removed from the state so the other, called Angelo, can display its contents of merciless justice.

But, as this is Shakespeare, things quickly begin to get messy. Angelo turns out to be hiding secrets. The old Lord, having hinted that the Duke is over-merciful, now suggests that Angelo is being a bit hard on Claudio. He cautiously suggests that, had time and place given opportunity, Angelo himself might have come to the wrong side of the law. Angelo's response says more, perhaps, than he means to:

"What's open made to justice,/ That justice seizes."

Justice only deals with what it can see, in other words. We pick up a jewel on the ground only when it catches the light; buried or soiled, we walk right past it or even trample it.

This is our first hint of Shakespeare's subversion of the polarized containers. Listening to Antonio's speech, we've begun to wonder if, lacking the slightest trace of mercy, justice doesn't in fact begin to look a little unfair.

And then we see Angelo acting on his theory. Claudio's sister comes to him to beg for her brother's life. Angelo is quickly captivated by her beauty, and soon offers her a deal. If she will meet him for sex in the garden—secretly of course, so that the crime cannot be "unjust"— he will let Claudio free.

This offer obviously shows the rot in his theory of justice, as he is forming a contract, a just bond, around blackmail and rape. But it also ruins mercy, since his proposed pardon of Claudio is not merciful at all, but simply the meeting one end of a "just" bargain.

The Kiss

Our neat containers have nearly dissolved around their contents. "Mercy is not mercy that oft looks so," but justice is not justice that only looks so. Justice as merciless as Angelo's turns out to be unjust, in the same way that mercy without justice turns up bereft of mercy. This is why the Duke left, and it's why Angelo fails as his deputy.

But the Duke has returned, and now we begin to see what his secret purposes are. He goes to visit Claudio for confession and counsel, and also goes to Claudio's sister for comfort and advice. Here is one of the delightful places where Shakespeare plays with religious stereotypes. The "controversy" of grace that I mentioned above, is for Shakespeare's audience an all-too familiar one, over whether God saves us through our works, and so through a contractual justice, or through grace, which is to say through an act of unearned mercy. The Catholic Church was generally (though not often accurately) associated with the former, the Protestants with the latter. But here it's a Catholic friar (or at least a disguised one!) who enters as the personified mercy.

The Duke/friar devises a plan, and it nearly goes as awry as the more famous friar's plan in Romeo and Juliet. Which is to say that our comedy nearly becomes a tragedy. I won't give away the ending, if you've forgotten or never made it through. But I'll offer a hint: the Duke, on his return, is no longer an embodiment of unjust mercy as he was before. Now he sees clearly that true mercy is just, and true justice is mercy. The two must kiss, as the Psalm puts it. His clever idea for a resolution is all about allowing mercy and justice to exchange a kiss.

When Mercy Seasons Justice

The more familiar play in which Shakespeare lets us watch the battle of justice and mercy is The Merchant of Venice. Here we find the story of maybe the strangest contract made since the dawn of commerce: if a merchant defaults on his loan, the moneylender will claim an entitlement to "a pound of flesh." Is this mutually agreed-upon contract unjust, or simply merciless?

The religious fun is rampant in this play as well. The lender is a Jew and the merchant is a Christian. But the Jew's strict call for commercial exactitude gets tempered by his excessive love for his daughter, and the Christian's supposed reputation for grace is in fact an excuse to practice favoritism. Eventually we have on stage such a confusion of religious stereotypes that someone asks which character is which.

Well, the poor merchant can't pay, as we knew already at the moment he made the foolish contract. And so, Portia, this play's mercy persona, comes—also in disguise—from the fairytale land of Belmont with a clever trick to save her beloved merchant. While her solution involves a highly questionable interpretation of the law, she manages to persuade the ruling authority.

As Portia is making her case, she offers one of the most explicitly theological speeches in all of Shakespeare's works. Earth's rulers might think they are most godlike when they enact the law with authority, she says. But "mercy is above this sceptered sway." In fact, mercy is "an attribute of God himself." She concludes, much as the Duke concludes, that "earthly power doth then show likest God's/ When mercy seasons justice."

In plays like these we see displayed one of his most enduring gifts to us: the ability to play with the familiar and make it strange and new.

Shakespeare, had he indeed been "for all time" as a contemporary put it, would be celebrating his own 459th birthday this week. In plays like these we see displayed one of his most enduring gifts to us: the ability to play with the familiar and make it strange and new. He gives us philosophical and religious figures and themes, and then just as we assume we know who and what they are, he surprises us by showing what sort of dish you can make if you but swirl the ingredients.

Our best efforts at justice, whether of the personal or political sort, must be seasoned by mercy. Our acts of mercy, if not ultimately just acts, will turn out to be merciless. Would we have noticed this if no one had had let it happen on stage in front of us?

Explainer

Creed

Virtues

15 March 2024

6 min read

Temperance: neurotic vice or self-control for future benefit?

We’re better at bravery than temperance, just when we need that self-control more than ever.

Barnabas Aspray

Barnabas Aspray is Assistant Professor of Systematic Theology at St Mary’s Seminary and University.

A casually dressed man perches on railing balancing, clasping his hands and looking around.

Jed Villejo on Unsplash.

The 21st century is witnessing a crisis of temperance, self-discipline, and self-control. Lent is one way to combat this.

According to the international Leader Character framework, there are eleven “character strengths” important for human wellbeing and good leadership. These include virtues like justice, accountability, courage, and good judgment. Researchers have used this framework to perform thousands of studies on teams and groups of people around the world. These studies show that, almost without exception, temperance is the weakest virtue in every team everywhere. (Not quite every person – each team has one or two members with strong temperance, but temperance is still weakest on average for a group).

The modern world is not only intemperate: it actively encourages the opposite: immediate gratification of desires. Every day we are bombarded with online ads, posters, and TV commercials that tell us to ‘Indulge yourself’; ‘treat yourself’, ‘look after yourself’, along with images of sensually pleasing people and objects. It is a rare advert that appeals to your calm rationality and long-term thinking. The advertising industry knows that it can make much more money from people who lack self-control. If it targets your basic animal impulses, then you are more likely to buy things you don’t need and wouldn’t have thought of without ad’s enticing promise.

Temperance is the power to choose what you won’t regret choosing later on.

Worse still, there are elements of Western thought that praise intemperance as a virtue and pathologize restraint as a psychological disorder. Elements of Freudian psychoanalysis, popularised in the media, suggest that you do damage to your mental health if you suppress your desires or try to hide them. It is far healthier to give free rein – to sexual desire first of all, but to all desires in the end. Temperance is no longer a virtue to be admired, but a neurotic vice that fills your subconscious with envy, bitterness, and psychological problems.

What is temperance anyway and why is it a problem if we lack it?

Temperance is self-control. It is acquired by self-discipline. Its purpose is to organise and order your many desires, giving priority to the ones that matter most to you. Let’s say you want to lose weight, and you also want to eat that doughnut you can see in the shop window. Or you want to save money to buy a house, but you also want that new and larger TV screen. Those are competing desires. Temperance is the power to choose what you won’t regret choosing later on. It doesn’t tell you what you ought to choose: it simply gives you control over your desires so you rule over them instead of them ruling you.

What does lack of temperance look like? Whenever you keep doing something you wish you didn’t keep doing, you are being intemperate. I don’t mean one-time actions that you later regret. I mean things you know you’ll regret even before you do them, yet you still do them. Things like: smoking (for most people), eating too much, browsing Instagram or TikTok instead of working, failing to show up for gym class. It can also mean any kind of procrastination: avoiding doing a task you know you have to do but don’t want to do ‘now’. In sum, it reveals a disorganisation in your priorities and goals, so a lesser priority subverts a higher priority because it’s more immediately available and enjoyable.

We need temperance if we’re going to be happy with where our lives are going

The problem with lacking temperance is that it undermines your own goals for your life and makes your future self a helpless victim of your present self. It leads to a downward spiral of the heart of intemperance is that some desire, some pleasure, some indulgence, has gained so much power over our life that we no longer have control over it. It is in the driving seat, not us. Intemperance is also a cause of self-hatred and low self-esteem. One of the best ways to feel better about yourself is to set long term goals and stick to them. It makes you feel like you’re heading somewhere good.

By contrast, the heart of temperance is to subordinate everything we think, feel, and enjoy to our will, our clear-headed decisions about the kind of person we want to be in the long-term. We need temperance if we’re going to be happy with where our lives are going. Temperance is even needed for worldly success. Warren Buffett once said, “Investing is not a game where the guy with the 160 IQ beats the guy with the 130 IQ. Once you have ordinary intelligence, what you need is the temperament to control the urges that get other people into trouble.”

Why is temperance so lacking in our own time? I can think of at least two reasons.

First, we are one of the wealthiest societies ever to exist. Wealth may have benefits, but it also enables us to get what we want, when we want it. Wealthy people are less used to having their desires unsatisfied than poor people. Unfulfilled longing is a less common occurrence for the rich, so there is little natural opportunity to exercise the muscle of self-denial.

Secondly, we are one of the least religious societies ever to have existed. In contrast to secularism, religion has always had practical tools to cultivate temperance. All major world religions have ritual practices of fasting and feasting designed to exercise and strengthen self-discipline. Every year Muslims endure the gruelling discipline of Ramadan. Orthodox Christians restrict themselves to a vegan diet during the forty days of lent, and many other Christians give up some indulgence. Both rich and poor share alike in this voluntary self-denial. Now that these practices are eroding away, they are being replaced not by other self-discipline practices, but by the worship of I-want-it-here-and-now. This is shown most poignantly in the 2000 movie Chocolat, which explicitly puts up sensual indulgence in competition to traditional religion and abstinence – and indulgence wins.

But the decline of religion has done more than this: it has also undermined the sense of transcendent purpose in many people’s lives – which was what motivated them to look beyond their physical desires. Without hope and without a larger sense of meaning to life, people have less reason to sacrifice short-term pleasures for the sake of longer-term goals.

Nor are sensual desires the only way we can be intemperate. An outburst of rage on social media is a sign of intemperance.

I don’t mean that short-term pleasures are always bad, or that sensual desire is evil in itself. The whole point of temperance is that it involves the right amount, and not too much, of something good. That is what makes it so tricky. If eating a doughnut was like stealing or violence, we would have a stronger voice telling us not to do it. But because it’s not bad in itself, we find it harder to resist. We need temperance to say no to something good when we’ve already taken enough of it, so we don’t take too much.

Nor are sensual desires the only way we can be intemperate. An outburst of rage on social media is a sign of intemperance. A father who spends too long in the office and not enough time with his children is being intemperate. He is sacrificing the long-term goal of healthy family relationships for the short-term goal of career success. We lack the self-control to express our anger in the right place at the right time.

Temperance is needed for so many of the other virtues to function. If you’re not temperate, then you will be late for meetings, fail to deliver work on time, or makes too many commitments that you can’t keep. You’ll be a liability to your friends and colleagues.

Temperance doesn’t tell you what you should aim for in life. But no matter what you aim for, you won’t get it without temperance. So, what are you giving up for lent?