"We must not make a scarecrow of the Law"

Act 2, scene 1 opens with Angelo stating: "We must not make a
scarecrow of the Law, / Setting it up to fear the birds of prey, /
And let it keep one shape, till custom make it / Their perch and
not their terror." These lines create a wonderful emblematic
expression of Law, its purpose, implementation, and effect. I
couldn't help but see the old Porky Pig cartoon where the crows
are mocking the scarecrow in Porky's corn field and are having a
grand old time! But seriously, this creates a profound picture of
the Law as a deterrence and people as birds of prey. What is
drawn out of this picture is how Angelo views the purpose of law
and human nature. If the scarecrow never moves, i.e., the law is
never enforced, the birds of prey (humans) will convert it into a
comfortable perch. Thus, the law is no longer a viable means by
which social order is maintained. It is significant that Angelo
views humans as birds of prey. This strips humanity of moral
conscience, turning them into pragmatic predators instead.
Ironically, while Angelo speaks these lines he is yet void of moral
values himself and uses his political power in true Machiavellian
fashion. He, like a bird of prey, has no moral question to ask
himself with regard to how he rules or applies the law. This is
obvious when he attempts to use extortion to gain sex. However, it
is also found in how he fails to consider important mitigating facts
in Claudio's case. Namely, he does not consider that Claudio and
Juliet have vowed to marry, and that killing him is more
detrimental to stable society than the crime he committed. By
killing Claudio, Angelo deprives Juliet and the unborn child of a
husband/father and the financial support he would provide.
Intervention by the Duke, of course, prevents this from
happening. Bottom line is: Claudio uses his skill in cunning and
duplicity to get what he wants, and he is more interested in final
outcome than in the moral questions/issues that are of
consequence. This emblem of the scarecrow and the birds of prey,

then, acts to show the two thematic extremes which the play
seems to be interested in working through: 1) no enforcement so
no power of law; 2) abuse of power.

Context: Vincentio, Duke of Vienna, has for many years ruled with a tolerant hand. As a result
the laws of the land, "Dead to infliction, to themselves are dead,/ And liberty plucks justice by
the nose; . . ." Convinced that he has permitted his people such a degree of freedom that the law
commands no respect, he removes himself from office temporarily on the pretext that urgent
political affairs have called him out of the country. In reality, he disguises himself as Friar
Lodowick in order to observe the manner in which his appointed deputy, Angelo, will handle the
situation. Although the deputy is expressly granted full authority to exercise mercy or to enforce
the letter of the law, he assumes that only a rigid enforcement of decree will impress the
populace. His initial command is to arrest Claudio, a citizen who has violated the longunenforced decree of capital punishment for one who gets a woman with child out of wedlock.
Refusing to consider the plea for mercy, to "be keen, and rather cut a little,/ Than fall, and bruise
to death," he is determined to make an example of the unfortunate young man:

ANGELO
We must not make a scarecrow of the law,
Setting it up to fear the birds of prey,
And let it keep one shape, till custom make it
Their perch and not their terror.
...
When I, that censure him, do so offend,
Let mine own judgment pattern out my death,
And nothing come in partial. Sir, he must die.