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?

Essay

Awe and wonder

Creed

Easter

21 March 2025

7 min read

At the tilting points of the year, we ask what kind of world we want to build

Equinox is still a threshold between darkness and light.

Elizabeth Wainwright

Elizabeth Wainwright is a writer, coach and walking guide. She's a former district councillor and has a background in international development.

Sun rise casts a shadow over Stonehenge.

Nik, via Unsplash.

At the spring equinox, we appreciate and talk about the arrival of light in the northern hemisphere. For a brief moment, the Earth’s axis is tilted neither away from or toward the sun, and day and night are roughly equal length – ‘equinox’ is Latin for ‘equal night’. From here, we enter astronomical spring.

But it is not entirely accurate to talk about this being the moment when the darkness is finally diminished. That moment is the ‘equilux’ – equal light – and it happens a few days before the equinox, its date varying with latitude. Because the sun appears as a disc in the sky, the top half rises above the horizon before its centre does, which – when coupled with light being refracted by the Earth’s atmosphere – gives extra daylight. By the time of the equinox, and depending on your latitude, we already have 12 hours and 10 minutes of daylight. It is not much, but it is enough perhaps to read a few pages of a book without an artificial light, or to have “just one more” kick of a ball outside, as my daughter has learned to say.

There is beauty in the idea that for a brief moment during the equinox, we are all experiencing the same light and dark. But it is not true. At any particular moment, some of us experience more darkness than others, and some of us receive more light than we think.

Whenever its moment of arrival, though, the light will arrive. It always has, since the world was set spinning and tilting in space. We have always found ourselves poised at the threshold between the long dark of winter and the gathering light of summer. It is a threshold that is embedded in creation itself; all of life must in one way or another face the work, the inevitability, the challenge of transformation. This threshold is echoed through our own lives too – in the in-between spaces where one thing is ending, but the next has not yet fully begun. There are personal thresholds: a change in career, a birth, a loss. And there are collective ones: times in history when the old ways no longer work and we strain toward something new, unsure of how to get there.

Ancient people marked the equinox with purpose and care, watching for the moment the sun rose in the east and set in the west. At places like Stonehenge, huge stones were arranged to capture the exact angle of equinoctial light, as if the builders knew this threshold was something worth marking. Recently, archaeologists have suggested that Stonehenge was built not just for religious reasons, but for unification too: its stones come from Cornwall and Wales and Scotland – from all parts of the land. Their slow journey to their resting site on Salisbury plain would have been a chance for celebration and feasting, with thousands of people joining in along the way. It was a journey that would have brought together different people, including groups that had migrated from modern day Europe. Gathering light was a shared effort, and one worth celebrating.

For the early Celtic world, the equinox was a hinge between Imbolc, the season of early stirrings, and Beltane, the riot of summer. It was a time for reckoning and renewal – counting what food remained after winter, deciding what animals to keep or cull, what seeds to plant. To live well meant paying attention to the balance between what had been and what was to come. Lately, I have realised that it is not change itself that feels hard so much as not knowing the nature of the change that I, that we, will be called to. My young daughter has brought this into sharp focus. On the days when the dark feels relentless and the light seems distant, I find myself fearing for her future. I think of those Celtic people; the way they did not know the future but prepared for it anyway, perhaps in their rituals asking, how do the past and the future speak to each other at this moment, who are we, who might we become?

Even if we long to cling to what is familiar, the familiar will eventually change. Easter, and the equinox, are not just about light triumphing over darkness, but about transformation.

In a world where crisis seems to be following crisis, it is easy to feel that everything is tipping off balance. The equinox suggests though that equilibrium has never been static, and balance has only ever been fleeting, a transition between states of being. It is a moment of poised readiness, a preparation for movement. The world will keep tilting and tipping as it always has, and we will keep changing as we always have.

In the Jewish calendar, the equinox often falls near Passover, the great festival of liberation. The story of the Exodus is a story of transition – of leaving behind what enslaves us even when the road ahead is unknown. The Israelites did not step from captivity into freedom overnight. They wandered, and wrestled with doubt, and longed for the certainty of their old lives even as they were being offered something new. Thresholds are rarely comfortable.

I find myself at a threshold now: I am trying to shape a life that has reformed around motherhood, with past roles and jobs behind me, and the new identities yet to fully clarify. I have been feeling the truth of farmer-author Wendell Berry’s idea that "it may be that when we no longer know what to do, we have come to our real work." This real work has been stimulating but also confronting, as thresholds often are.

If we are, as many believe, living through a threshold moment in history – where old systems are failing, where climate and conflict threaten the future – how do we walk forward? How do we resist the temptation to cling to what is familiar, even when it no longer serves us? Easter falls just after the equinox. Shoots push through soil, lambs stumble into life, a chorus of birdsong swells, and we remember that nature is all resurrection. Even if we long to cling to what is familiar, the familiar will eventually change. Easter, and the equinox, are not just about light triumphing over darkness, but about transformation. Jesus did not return from the tomb unchanged; he was made new, unrecognisable at first, even to his closest friends.

The balance of light and dark is fleeting; it does not last; a threshold is not a place to linger. The world is always moving towards light, or toward dark, but always through change, and so are we. Balance is not an end in itself; it is a preparation for change. Perhaps these tilting points of the year are good moments to ask who we are becoming, and what kind of world we want to build, and how we will bear witness to the light, but also to the dark, as we do so.

This equinox, then, we will turn and face the coming light, but perhaps too we might turn and notice the faces that the light shines on – or doesn’t. Virginia Woolf reminds us that "A light here required a shadow there." When the light comes, darkness will too. These turning points of the year are an opportunity to sit in the truth of that, to appreciate the hope and the beauty of this spring threshold, but also to get to work. We can reach out to those who are experiencing more darkness than us, help build the world in such a way that draws attention to the light like the makers of Stonehenge did, take stock of what has been and who we are becoming, step away from what enslaves us even if we are not yet sure of the shape of freedom.

We cannot know what will happen next, but we can choose how to move forward. I wonder about those ancient people who somehow moved huge stones weighing up to 30 tons to Stonehenge; I wonder what they saw as they moved through the land, when they looked to the horizon, when they stood in the tension of their own now. They carried not just the weight of stone, but of their own unknowable future. Those ancient people persisted and celebrated and became us, passing on their burden, passing on their particular stone-bound, collectively built way of focusing the light. This equinox, I am thinking about how I can do the same – despite and because of the darkness, despite and because of the unknown path ahead.

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