As regular readers may be aware, I absolutely despise CAPTAIN
AMERICA as a character. I think he has about as much to offer
to the twenty-first century as the steam railroad. This
review of issue #40 is not going to be a scathing attack on the
character's very existence, since there's more than enough to
attack even if you start from the premise that the character
is a good idea; but best to have the cards on the table from the
outset.
Irrespective of what you think of the character, Dan Jurgens'
ultra-simplistic take on the book seems wildly wrongheaded (not
to mention completely out of kilter with what the Quesada/Jemas
regime is trying to do to the Marvel line). Supporters of the
character are usually keen to stress that the character doesn't
have to be a flagwaving propaganda tool, but Jurgens evidently
disagrees with them. There's nothing in this issue quite as
appalling as the Maximum Security issue (in which Cap allowed
a villain to die and then delivered a monologue about how that
was okay, because he'd preserved the Statue of Liberty as a
result), but these things are relative.
The book is taking on a bizarrely flagwaving tone of late.
It's the sort of thing you'd expect to see in a Silver Age
parody, not something you can imagine a publisher being happy to
put out in this decade. Since I don't credit Jurgens with the
wit to be doing this as a clever set-up to undermine the
character by taking him far enough right wing to make him a
controversial figure (thereby destroying his raison d'etre as
the universally-adored hero of the Marvel Universe), I can only
assume that all this junk is intended to be taken at face value.
Which, to be honest, is faintly creepy and makes me grateful for
the Atlantic Ocean. Jurgens clearly has a vision of America,
and it's one I'm relieved not to be a part of.
This issue, Cap is appalled to learn that a villain he captured
last issue is going to go free because of lack of evidence, and
sets out to do something about it. He obtains some evidence by
slightly underhand means, and the trial duly proceeds.
Now, the big issue in this story is clearly meant to be the
tension between law and justice. Cap is understandably perturbed
by the fact that a man he knows to be guilty is going to go free,
and by the fact that his girlfriend is the defence lawyer.
Let's leave aside the legal technicalities of all this and focus
on the theme, namely the tension between law and justice.
Jurisprudence 101, kids, and here's a shock for those of you who
haven't figured it out yet. The legal system is not designed to
achieve justice. It is designed to approximate justice. It is
recognised from the outset that this will involve some of the
decisions being factually or morally wrong. Legal systems work
through rules and, while rules can be more flexible than you
might imagine, nonetheless that still leaves restrictions on
what the court can do.
The great virtue of a rule-of-law system is meant to be that it
generates certainty and predictability by which people can
organise their affairs. The benefit to the public is meant to
be that they have a reasonable degree of certainty as to what
the law is. This is much better than the alternative, which is
to leave it up to judges to make their own decisions based on
their own moral principles. That approach fails for three main
reasons. One, you haven't got a clue what they're going to do.
Two, morality is subjective and it's unfair to leave everything
up to the whim of individual judges. Would YOU trust most of
them to make up their own laws? Three, democracy can only
function if the electoral body is able to issue rules for the
judiciary to enforce. The benefits of democracy can only be
enjoyed at the cost of leaving you with a rule-of-law system
which, from time to time, will get things wrong.
In short, this is an acknowledged failing of legal systems, but
the benefits to society are considered to outweigh the cost, not
least because nobody's ever come up with a better solution that
didn't involve totalitarian government. All lawyers (or at least
the ones who weren't asleep during their constitutional law and
jurisprudence classes) understand this. It is not exactly an
original observation.
Now, that doesn't mean it's not something that merits a story,
but Jurgens' approach to this well-worn area is so trite as to
boggle the imagination. Our hero goes out and uses very mild
trickery to inveigle his way into an AIM base, where he recovers
some evidence. Jurgens attempts to insinuate that this is some
kind of radically different approach from the good Captain and
that his commitment to truth, justice and the American way
justifies him in breaking the rules in obtaining evidence without
a warrant. This is drivel for two reasons. One, Cap's method
of obtaining the evidence is pretty much standard superhero
territory (and thereby very dull, but that's another matter),
and so the presentation of the character as pushing the
boundaries is false. They wouldn't have trouble getting this
evidence into court. Two, and rather more disturbing, Jurgens
actually seems to believe that violations of human rights are
okay as long as you're doing the right thing. Good old Dan
doesn't seem to have noticed that morality is a subjective and
grey area, which is probably why all his villains are such
dull charaters. As far as Dan is concerned, there is Right and
there is Wrong, and god bless the Daily Mail.
Dan Jurgens really makes me rather uncomfortable.
Even if you agree with good ol' Dan (in which case, please stop
voting), it's a very badly constructed story. Danny Boy is
desperate to keep his love interest lawyer morally pure. Since
Dan cannot comprehend that decent people might believe in
defending people they suspect are probably guilty, he ends up
writing her as an idiot who seems to genuinely believe in her
client's innocence. This would take a degree of wilful
blindness which is simply unbelievable in a character who's
supposed to be an effective trial lawyer. While Ferrari might
credibly be open to believing that Madden is innocent of the
present charge, the idea that she finds nothing suspicious in
his being arrested while wearing an AIM uniform and fighting
Captain America is laughable and makes her look a fool. If
Dan had the courage to write her as the mouthpiece of the
opposing view, knowingly defending Madden even though she had
her doubts over her story, then the story would be all the
better for it. But that would suggest that there are different
moral viewpoints, and clearly that would be wrong.
The credibility of Cap and Sharon Carter getting into an AIM
base in the way they do is, to put it mildly, stretching a
point, and the moments of flagwaving ("Betray SHIELD and you
betray America, mister!") are both embarrassing and slightly
unpleasant. The characterisation is simplistic, the villains
are one-dimensional, and the obligatory monologue about how
Cap's unstoppable because of what he believes in is tiresome
at best. And it would help if Jurgens had ever bothered to
establish what Madden was actually charged with, bearing in mind
that the story seems to proceed on the basis that AIM membership
is not a crime in itself.
Even if you believe it's possible to do intelligent, worthwhile
stories with Captain America, this issue is neither intelligent
nor worthwhile. If Jurgens is aiming for an audience over the
age of ten, then he is insulting their intelligence. If he is
aiming for an audience under the age of ten, then he's writing
propaganda. This represents almost everything that is bad
about Captain America as a character. Horrible, trite opinions
expressed in horrible, trite stories. The sort of book that
annoys me so much that I want to use it as kindling in my next
flag-burning.
Given my reservations about the character, I am not sure it is
even possible to overhaul Captain America in a way that would
seem in-keeping with the Quesada/Jemas regime, short of dumping
his "universally adored hero" role and allowing him to become
involved in stories that would involve him adopting viewpoints
on America that are not universally held. But it must, surely,
be possible to produce something better than this.