Angelo defends his conviction and execution of Claudio in Act 2 in the face of Escalus' protests that he himself might one day find himself in the same situation. He argues that
I do not deny
The jury passing on the prisoner's life
May in the sworn twelve have a thief or two
Guiltier than him they try. . . . [But]
You may not so extenuate his offense
For I have had such faults; but rather tell me,
When I that censure him do so offend,
Let mine own judgment pattern out my death,
And nothing come in partial (2.1.19-21;29-33).
In this speech he argues that empathy has no place in jurisprudence and that a judge's own vice and guilt should play no role in her rulings. Yet, is this ideal of consistency too difficult to achieve? Isn't this a recipe for hypocrisy? After all, even the virtuous Angelo (his name suggests virtuous perfection) fails to live up to his own strict standards. Yet, on the other hand, when his crime (the very same act of fornication he convicts Claudio of committing) he clings to his ideal of consistency and retribution: "But let my trial be mine own confession./ Immediate sentence then and sequent death / Is all the grace I beg." (5.1.418-20).
What is this play telling us about such things as hypocrisy, consistency and empathy?
How Philosophical Reflection Can Shine Light (and Turn Down the Heat) on Political Discourse.
Friday, January 12, 2018
Here Comes the Judge
Measure for Measure features three judges with dramatically different styles and philosophies of jurisprudence. The Duke has failed to enforce the "strict statutes and most biting laws" and as a result "our decrees / dead to infliction, to themselves are dead"(1.3.20;28-9). Angelo, who has been chosen by the Duke to fix his mess, advocates that all the laws, however harsh, be enforced. He argues to Isabella that the law
Now 'tis wake,
Takes note of what is done, and like a prophet,
Looks in a glass that shows what future evils--
Either now , or by remissness new-conceived,
And so in progress to be hatched and born --
Are now to have no successive degrees
But, ere they live, to end. (2.2.120-26)
Escalus finds himself disagreeing with both. He questions Angelo's harsh sentence of Claudio but nonetheless does not excuse or pardon the offenses that the Duke ignored.
What is this play telling us about enforcing the law and imposing punishments? Should a judge be strict or lenient? Is there a judicial philosophy judges should embrace -- or is following a rule itself problematic? What effects do these decisions have on the society at large? How does a judge defend justice?
Now 'tis wake,
Takes note of what is done, and like a prophet,
Looks in a glass that shows what future evils--
Either now , or by remissness new-conceived,
And so in progress to be hatched and born --
Are now to have no successive degrees
But, ere they live, to end. (2.2.120-26)
Escalus finds himself disagreeing with both. He questions Angelo's harsh sentence of Claudio but nonetheless does not excuse or pardon the offenses that the Duke ignored.
What is this play telling us about enforcing the law and imposing punishments? Should a judge be strict or lenient? Is there a judicial philosophy judges should embrace -- or is following a rule itself problematic? What effects do these decisions have on the society at large? How does a judge defend justice?
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