Explainer
Creed
Theatre
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 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? 

Weekend essay
Attention
Creed
Generosity
8 min read

Your attention is the rarest and purest form of generosity

Eighty years after her death, Simone Weil’s wisdom is a vital challenge to today’s attention economy. Justine Toh explores her life and thinking.

Justine Toh is Senior Research Fellow at the Centre for Public Christianity in Sydney, Australia. 

A monotone street mural of a young woman looking fiercely at the viewer.
Street art image of Simone Weil, Berlin.

Your attention is a fragile thing.    

Trouble is, we only learn this after it’s been frayed – as realised by anyone who’s ever emerged, bleary-eyed and regretful, from watching one too many Instagram reels. Not that our inability to look away is entirely on us. In an attention economy, trillions of dollars are to be made through exploiting our attention. It’s why some, like social critic Matthew Crawford, call upon us to preserve the “attentional commons” by treating attention as a public good like fresh air and clean water. His point: let’s use the not-so-renewable resource of our attention wisely. Be careful about what you pay attention to.  

If you struggle with sustained focus – and, given corporate assaults upon it daily, how could you not – then it’s even more vital that you, well, attend to the life and work of Simone Weil (1909-1943).  

The French philosopher, labour activist, and not-quite-Catholic mystic wrote passionately about the importance of attention and even the “miracle” of its occurrence when directed, deeply and lovingly, towards another person. Reading Weil against the chronic distraction of our times – the real product flogged by that attention economy – makes clear that even eighty years after her death, Weil couldn’t be more relevant.

But for Weil, ideas needed to be lived and experienced. 

Weil’s life was short and difficult – often by choice. She grew up the younger sister of math prodigy André Weil in a comfortably middle-class, non-observant Jewish family in Paris. She had a first-rate education that set her up for a fairly cushy life as a teacher. But an encounter with then-classmate Simone de Beauvoir suggests a saint-in-waiting quality to the teenage Weil. Ever the idealist, she desired to feed the world’s starving millions. De Beauvoir, who recalls the exchange in her biography, was disinterested: finding the meaning of mankind’s existence was more important, she declared. “It’s easy to see you’ve never gone hungry,” retorted Weil. 

They weren’t empty words, either: Weil often did go hungry out of solidarity with suffering others. (Indeed, her refusal to eat more than her French compatriots under occupation likely hastened her death). But for Weil, ideas needed to be lived and experienced. Her determined attempt to identify deeply with the plight of working people meant she put herself forward for repetitive, fatiguing factory work or manual labour on farms, even though, sickly and clumsy, she often became a liability.  

There were other misadventures too: frustrated attempts to assist the Republican cause in the Spanish Civil War and, later, the French resistance during WWII. Few of these endeavours were fruitful but Weil was nothing if not committed to doing something, anything. Even if the outcome was uncertain and one wasn’t exactly fit for the task. 

For Weil, to attend well to other people meant making their welfare and wellbeing central to our concerns. 

It is in Weil’s writing about attention that we glimpse, perhaps, something of what drove her to put herself at the (frequently extreme) disposal of other people and causes she fervently believed in. In a now-famous essay on school studies, Weil makes a startling claim: the point of school is to teach us to pray – by which she meant: to attend, deeply, to whatever is before you.  

The idea was that students would apply themselves to an endeavour that wouldn’t reveal its secrets so easily. As Weil saw things, wrestling with algebra and trying to follow its impossible logic simultaneously flexed and trained, if you like, our attentional muscles. Even if the equation was still impenetrable after an hour, “this apparently barren effort,” Weil declared, would still bring “more light into the soul”. Teaching students to persist through difficulty, she believed, would pay off far beyond the mastery of any school subject. It would, in fact, prepare people for the real business of life: paying attention other people. Not least because, as we learn soon enough, they can be way more infuriating than maths. 

Even though Weil casts attention as prayer, God wasn’t to be the singular object of our attention. The plight of our neighbours was also to fill our gaze. For Weil, to attend well to other people meant making their welfare and wellbeing central to our concerns and bestowing on them the honour, love, and dignity they were due. It meant granting them the strange compliment of being real – or being a real person in the way we experience ourselves as real people – and then putting our own real selves at their disposal. This is why Weil called attention the “rarest and purest form of generosity”. It required the attentive person to, in a vivid phrase borrowed from Pope Francis, “remove our sandals before the sacred ground of the other”. 

The experience of suffering and misfortune seems to exile someone from the rest of humanity, to undo them in some essential way that strips them of their humanness. 

But the power of this attentive gaze goes still further. It has the power to rehumanise the dehumanised. As Weil writes: 

The love of our neighbour in all its fullness simply means being able to say to him: “What are you going through?” It is a recognition that the sufferer exists, not only as a unit in a collection, or a specimen from the social category labelled “unfortunate,” but as a man, exactly like us, who was one day stamped with a special mark by affliction. 

The experience of suffering and misfortune seems to exile someone from the rest of humanity, to undo them in some essential way that strips them of their humanness. Weil would go on to describe such a state as one of affliction – one she experienced, firsthand, as a factory worker. In a letter known as Spiritual Autobiography, she writes of the exhausting and gruelling nature of the work:  

“There I received for ever the mark of a slave, like the branding of the red-hot iron which the Romans put on the foreheads of their most despised slaves.” 

Affliction, then, is the person reduced to a “thing” by the experience of suffering and oppression. But here is the transformative power of attention: it is precisely what enables someone to recognise that the afflicted other is a person “exactly like us”.  

Take, for instance, Weil’s reading of Jesus’ parable of the Good Samaritan, a tale perhaps broadly familiar to some. It describes an act of unexpected and radical compassion by a Samaritan, a social and ethnic outsider to a Jewish man robbed and left for dead.  

Christian commentators often pay close attention to the attentive care the Samaritan shows to the beaten man: for them, the true test of the Samaritan’s neighbourliness. But Weil has a different focus. For her, the critical moral act was the fact that the Samaritan paid attention. He stopped and looked at the man who had become less of man and, nonetheless, gave “his attention all the same to this humanity which is absent”. 

Weil calls this an act of “creative attention… [that gives] our attention to what does not exist.” Everything that then follows – the Samaritan pouring oil on the man’s wounds, taking him to a place where he will be cared for, and paying in advance for his keep – is almost beside the point, because it all depended on this first act. To be a neighbour, suggests Weil, is first of all to see. 

Perhaps this is why Weil writes that paying attention to the suffering of another “is a very rare and difficult thing; it is almost a miracle; it is a miracle.” Attention, then, enacts a kind of a resurrection because it can bring the almost dead back to life.  

The power of paying attention is that it can transform a lump of anonymous, misshapen flesh lying by the side of the road into the other person who is “exactly like us”, the other person who is as real as we are. The person who requires, from us, all the compassion we would wish to be shown if we were set upon by robbers on a lonely road. 

Our entire attention economy is organised around helping us avoid the demands of other people. How many of us have retreated to the comfort of our screens to soothe our social anxiety 

We’ve travelled a long way from where we started: with our difficulty focusing in an age of distraction and the all-too-familiar experience of giving our attention – which, as Weil has taught us, also means giving ourselves – to things that don’t always deserve it. But our own travails with attention have much to learn from Weil’s account of the moral, political, and spiritual charge of attention. 

For one, she illuminates for us the determined inattention of our time. Our entire attention economy is organised around helping us avoid the demands of other people. How many of us have retreated to the comfort of our screens to soothe our social anxiety, or to numb the guilt we feel at failing to show up for people? It turns out that the loss of our focus and ability to concentrate is just the tip of the attentional iceberg. Also at stake is our ability to be present to the people we love, and even to be present to ourselves – and our pain.  

Beyond that, there are many contemporary equivalents of the man of Jesus’ parable, first afflicted by suffering and then afflicted by the ease with which that suffering can be ignored. I write from Australia, in the recent aftermath of a defeated referendum on an Indigenous Voice to Parliament: an invitation, issued from the nation’s first peoples to their fellow citizens, to see their unique circumstances and grant them representation over policy matters directly affecting them. Lives are in the balance: the life outcomes of Aboriginal people are drastically worse than other Australian citizens. Now, to the loss of language, culture, country, and pride, comes a further blow: they will not be listened to, either.  

They are not the only people we struggle to see. The lady with Alzheimer’s Disease, the illegal immigrant, the victim of family violence, the modern-day child slaves forced to mine cobalt to power our smartphones. It is profoundly difficult – and costly – for us to see them and recognise their claims upon us. To love others, as Jesus once enjoined his followers, as we love ourselves. 

The vulnerable have always risked being overlooked and ignored. But Weil gives us eyes to see all this – and asks that we do not look away. “Those who are unhappy have no need for anything in this world,” she writes, “but people capable of giving them their attention.”