# Fancies versus fads/Shakespeare and the Legal Lady

​Shakespeare and the Legal Lady
I WONDER how long liberated woman will endure the invidious ban which excludes her from being a hangman. Or rather, to speak with more exactitude, a hangwoman. The very fact that there seems something vaguely unfamiliar and awkward about the word, is but a proof of the ages of sex oppression that have accustomed us to this sex privilege. The ambition would not perhaps have been understood by the prudish and sentimental heroines of Fanny Burney and Jane Austen. But it is now agreed that the farther we go beyond these faded proprieties the better; and I really do not see how we could go farther. There are always torturers of course; who will probably return under some scientific name. Obscurantists may use the old argument, that woman has never risen to the first rank in this or other arts; that Jack Ketch was not Jemima Ketch, and that the headsman was called Samson and not Delilah. And they will be overwhelmed with the old retort: that until we have hundreds of healthy women happily engaged in this healthful occupation, it will be impossible to judge whether they can rise above the average or no. Tearful sentimentalists may feel something unpleasing, something faintly repugnant, about the new feminine trade. But, as the indignant ​policewoman said the other day, when a magistrate excluded some of her sex and service from revolting revelations, "crime is a disease," and must be studied scientifically, however hideous it may be. Death also is a disease; and frequently a fatal one. Experiments must be made in it; and it must be inflicted in any form, however hideous, in a cool and scientific manner.
It is not true, of course, that crime is a disease. It is criminology that is a disease. But the suggestion about the painful duties of a policewoman leads naturally to my deduction about the painful duties of a hangwoman. And I make it in the faint hope of waking up some of the feminists, that they may at least be moved to wonder what they are doing, and to attempt to find out. What they are not doing is obvious enough. They are not asking themselves two perfectly plain questions; first, whether they want anybody to be a hangman; and second, whether they want everybody to be a hangman. They simply assume, with panting impetuosity, that we want everybody to be everything, criminologists, constables, barristers, executioners, torturers. It never seems to occur to them that some of us doubt the beauty and blessedness of these things, and are rather glad to limit them like other necessary evils. And this applies especially to the doubtful though defensible case of the advocate.
There is one phrase perpetually repeated and now practically stereotyped, which to my mind concentrates and sums up all the very worst qualities in the very worst journalism; all its paralysis of thought, all its monotony of chatter, all its sham culture and shoddy picturesqueness, all its perpetual ​readiness to cover any vulgarity of the present with any sentimentalism about the past. There is one phrase that does measure to how low an ebb the mind of my unfortunate profession can sink. It is the habit of perpetually calling any of the new lady barristers "Portia."
First of all, of course, it is quite clear that the journalist does not know who Portia was. If he has ever heard of the story of the "Merchant of Venice," he has managed to miss the only point of the story. Suppose a man had been so instructed in the story of "As You Like It" that he remained under the impression that Rosalind really was a hoy, and was the brother of Celia. We should say that the plot of the comedy had reached his mind in a rather confused form. Suppose a man had seen a whole performance of the play of "Twelfth Night" without discovering the fact that the page called Cesario was really a girl called Viola. We should say that he had succeeded in seeing the play without exactly seeing the point. But there is exactly the same blind stupidity in calling a barrister Portia; or even in calling Portia a barrister. It misses in exactly the same sense the whole meaning of the scene. Portia is no more a barrister than Rosalind is a boy. She is no more the learned jurist whom Shylock congratulates than Viola is the adventurous page whom Olivia loves. The whole point of her position is that she is a heroic and magnanimous fraud. She has not taken up the legal profession, or any profession; she has not sought that public duty, or any public duty. Her action, from first to last, is wholly and entirely private. Her motives are not professional but private. Her ideal is not public but private. She acts as much on personal ​grounds in the Trial Scene as she does in the Casket Scene. She acts in order to save a friend, and especially a friend of the husband whom she loves. Anything less like the attitude of an advocate, for good or evil, could not be conceived. She seeks individually to save an individual; and in order to do so is ready to break all the existing laws of the profession and the public tribunal; to assume lawlessly powers she has not got, to intrude where she would never be legally admitted, to pretend to be somebody else, to dress up as a man; to do what is actually a crime against the law. This is not what is now called the attitude of a public woman; it is certainly not the attitude of a lady lawyer, any more than of any other kind of lawyer. But it is emphatically the attitude of a private woman; that much more ancient and much more powerful thing.
Suppose that Portia had really become an advocate, merely by advocating the cause of Antonio against Shylock. The first thing that follows is that, as like as not, she would be briefed in the next case to advocate the cause of Shylock against Antonio. She would, in the ordinary way of business, have to help Shylock to punish with ruin the private extravagances of Gratiano. She would have to assist Shylock to distrain on poor Launcelot Gobbo and sell up all his miserable sticks. She might well be employed by him to ruin the happiness of Lorenzo and Jessica, by urging some obsolete parental power or some technical flaw in the marriage service. Shylock evidently had a great admiration for her forensic talents; and indeed that sort of lucid and detached admission of the talents of a successful opponent is a very Jewish characteristic. ​There seems no reason why he should not have employed her regularly, whenever he wanted some one to recover ruthless interest, to ruin needy households, to drive towards theft or suicide the souls of desperate men. But there seems every reason to doubt whether the Portia whom Shakespeare describes for us is likely to have taken on the job.
Anyhow, that is the job; and I am not here arguing that it is not a necessary job; or that it is always an indefensible job. Many honourable men have made an arguable case for the advocate who has to support Shylock, and men much worse than Shylock. But that is the job; and to cover up its ugly realities with a loose literary quotation that really refers to the exact opposite, is one of those crawling and cowardly evasions and verbal fictions which make all this sort of servile journalism so useless for every worthy or working purpose. If we wish to consider whether a lady should be a barrister, we should consider sanely and clearly what a barrister is and what a lady is; and then come to our conclusion according to what we consider worthy or worthless in the traditions of the two things. But the spirit of advertisement, which tries to associate soap with sunlight or grape-nuts with grapes, calls to its rescue an old romance of Venice and tries to cover up a practical problem in the robes of a romantic heroine of the stage. This is the sort of confusion that really leads to corruption. In one sense it would matter very little that the legal profession was formally open to women, for it is only a very exceptional sort of woman who would see herself as a vision of beauty in the character of Mr. Sergeant Buzfuz. And most ​girls are more likely to be stage-struck, and want to be the real Portia on the stage, rather than law-struck and want to be the very reverse of Portia in a law court. For that matter, it would make relatively little difference if formal permission were given to a woman to be a hangman or a torturer. Very few women would have a taste for it; and very few men would have a taste for the women who had a taste for it. But advertisement, by its use of the vulgar picturesque, can hide the realities of this professional problem, as it can hide the realities of tinned meats and patent medicines. It can conceal the fact that the hangman exists to hang, and that the torturer exists to torture. Similarly it can conceal the fact that the Buzfuz barrister exists to bully. It can hide from the innocent female aspirants outside even the perils and potential abuses that would be admitted by the honest male advocate inside. And that is part of a very much larger problem, which extends beyond this particular profession to a great many other professions; and not least to the lowest and most lucrative of all modern professions; that of professional politics.
I wonder how many people are still duped by the story of the extension of the franchise. I wonder how many Radicals have been a little mystified, in remarking how many Tories and reactionaries have helped in the extension of the franchise. The truth is that calling in crowds of new voters will very often be to the interest, not only of Tories, but of really tyrannical Tories. It will often be in the interest of the guilty to appeal to the innocent; if they are innocent in the matter of other people's conduct as well as of their own. The tyrant calls ​in those he has not wronged, to defend him against those he has wronged. He is not afraid of the new and ignorant masses who know too little; he is afraid of the older and nearer nucleus of those who know too much. And there is nothing that would please the professional politician more than to flood the constituencies with innocent negroes or remote Chinamen, who might possibly admire him more, because they knew him less. I should not wonder if the Party System had been saved three or four times at the point of extinction, by the introduction of new voters who had never had time to discover why it deserved to be extinguished. The last of these rescues by an inrush of dupes was the enfranchisement of women.
What is true of the political is equally true of the professional ambition. Much of the mere imitation of masculine tricks and trades is indeed trivial enough; it is a mere masquerade. The greatest of Roman satirists noted that in his day the more fast of the fashionable ladies liked to fight as gladiators in the amphitheatre. In that one statement he pinned and killed, like moths on a cork, a host of women prophets and women pioneers and large-minded liberators of their sex in modern England and America. But besides these more showy she-gladiators there are also multitudes of worthy and sincere women who take the new (or rather old) professions seriously. The only disadvantage is that in many of those professions they can only continue to be serious by ceasing to be sincere. But the simplicity with which they first set out is an enormous support to old and complex and corrupt institutions. No modest person setting out to learn an elaborate science can be expected to ​start with the assumption that it is not worth learning. The young lady will naturally begin to learn Law as gravely as she begins to learn Greek. It is not in that mood that she will conceive independent doubts about the ultimate relations of Law and Justice. Just as the Suffragettes are already complaining that the realism of industrial revolution interferes with their new hobby of voting, so the lady lawyers are quite likely to complain that the realism of legal reformers interferes with their new hobby of legalism. We are suffering in every department from the same cross-purposes that can be seen in the case of any vulgar patent medicine. In Law and Medicine, we have the thing advertised in the public press instead of analysed by the public authority. What we want is not the journalistic Portia but the theatrical Portia; who is also the real Portia. We do not want the woman who will enter the law court with the solemn sense of a lasting vocation. We want a Portia; a woman who will enter it as lightly, and leave it as gladly as she did.
The same thing is true of a fact nobler than any fiction; the story, so often quoted, of the woman who won back mediæval France. Joan of Arc was a soldier; but she was not a normal soldier. If she had been, she would have been vowed, not to the war for France, but to any war with Flanders, Spain or the Italian cities to which her feudal lord might lead her. If she were a modern conscript, she would be bound to obey orders not always coming from St. Michael. But the point is here that merely making all women soldiers, under either system, could do nothing at all except whitewash and ratify feudalism or conscription. And ​both feudalism and conscription are much more magnanimous things than our modern system of police and prisons.
In fact there are few sillier implications than that in the phrase that what is sauce for the goose is sauce for the gander. A cook who really rules a kitchen on that principle would wait patiently for milk from the bull, because he got it from the cow. It is neither a perceptible fact nor a first principle that the sexes must not specialize; and if one sex must specialize in adopting dubious occupations, we ought to be very glad that the other sex specializes in abstaining from them. That is how the balance of criticism in the commonwealth is maintained; as by a sort of government and opposition. In this, as in other things, the new regime is that everybody shall join the government. The government of the moment will be monstrously strengthened; for everybody will be a tyrant and everybody will be a slave. The detached criticism of official fashions will disappear; and none was ever so detached as the deadly criticism that came from women. When all women wear uniforms, all women will wear gags; for a gag is part of every uniform in the world.