LEGAL ANALYSIS OF MERCHANT OF VENICE

ENGLISH-II (LAW AND LITERATURE)

PES UNIVERSITY
FACULTY OF LAW

ENGLISH-II (LAW AND LITERATURE)

SUBJECT CODE- UL19BA154

LEGAL ANALYSIS
OF

MERCHANT OF VENICE
BY- WILLIAM SHAKESPEARE

Submitted To- Submitted By-

Prof. Ranjeet Mathew Jacob Kanhaiya Singhal
Faculty of Law BA-LLB 2 nd Semester
PES University PES1UG19AL003

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Table of Contents
INTRODUCTION...............................................................................................................3
 ABOUT THE AUTHOR............................................................................................3
 ABOUT THE PLAY..................................................................................................3
SUMMARY OF THE PLAY................................................................................................4
MAIN CHARACTERS OF THE ACT IV SCENE I OF THE PLAY.....................................6
 SHYLOCK (THE ANTAGONIST)............................................................................6
 ANTONIO (THE PROTAGONIST)..........................................................................6
 PORTIA ( BEAUTY WITH BRAIN)..........................................................................6
 BASSANIO (THE LOVER AND FRIEND)...............................................................7
 GRATIANO..............................................................................................................7
 NERISSA.................................................................................................................7
 DUKE OF VENICE..................................................................................................7
 BALTHAZAR............................................................................................................7
LEGAL ANALYSIS OF ACT IV SCENE I (TRIAL OF ANTONIO).....................................8
 THE BOND..............................................................................................................8
 CIVIL LAW VS. CRIMINAL LAW.............................................................................9
 AMICUS CURIAE..................................................................................................10
 LAX VS. JUS..........................................................................................................10
CONCLUSION.................................................................................................................11
BIBLIOGRAPHY..............................................................................................................12
ARTICLES....................................................................................................................12
WEBSITES...................................................................................................................12
BOOKS.........................................................................................................................12

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INTRODUCTION

 ABOUT THE AUTHOR

William Shakespeare was a well recognized poet, writer and

philosopher. He was born in the year 1564 in Stratford-upon-
Avon in England. He took his last breath in the year 1616.
He was a gifted artist and has written 37 plays in his lifetime
and the 14th of which is “the merchant of Venice” which was
written in the year 1596-97. He was not from some well
resource owning family; his father was a glove maker and he
did not receive any further education than of grammar
school. He was married to Anne Hathaway in 1582, but left
Photo credit: Royal Shakespeare Company his family behind after 8 years of marriage and moved to
London, where he became an actor and playwright. He was
an immediate success: Shakespeare soon became the most popular playwright of the
day as well as a part-owner of the Globe Theater at London. His theater company was
adopted by King James as the King's Men in 1603. Shakespeare retired from his
journey as a rich and prominent man to Stratford-upon-Avon in 1613, and died three
years later. Still in the 21 st century is is well recognize by various scholars for his writing
style.

 ABOUT THE PLAY

The famous play “Merchant of Venice” is written by Shakespeare and was first
published in the year 1600 BC. The title “Merchant of Venice” is used as a connotation
to the protagonist of the play was a Merchant living in the city of Venice (Italy).

This play is a masterpiece of Shakespeare in the field of literature and also in the field of
law. It has a significant view with respect to contract law and common law countries and
further this play presents the glimpse of various principles and debates of lawyers and
justices’ filed. Although Shakespeare once said “kill all the lawyers” which represents
his hatred towards the lawyers’ profession, this play presents an irony of the law field
which is still applicable in the present world.

The most important part of the play which deals with the law aspects is the Act IV scene
I of the play. In this part the trial in the matter of Shylock vs. Antonio in front of Duke
regarding the breach of contract is discussed.

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Some of the world renounce quotes of the play are mentioned below-

 The devil can cite Scripture for his purpose 1.

 All that glisters is not gold.2
 O, what a goodly outside falsehood hath! 3
 The world is still deceived with ornament. 4
 In law, what plea so tainted and corrupt
But, being seasoned with a gracious voice
Obscures the show of evil?5 [ CITATION Per \l 1033 ]

SUMMARY OF THE PLAY

The protagonist of the play, Antonio, a Venetian merchant, complains to his friends of a
melancholy that he cannot explain. His friend Bassanio was desperately in need of
money to court Portia, a wealthy heiress, lives in the city of Belmont. Bassanio asks
Antonio for a loan of 3,000 Ducats, in order to travel to Belmont. Antonio agrees, but is
unable to make the loan himself because his own money is all invested in a number of
trade ships that are still on voyage. Antonio suggests him to take the loan from one of
the city’s moneylenders and name Antonio as the loan’s guarantor.

In Belmont, Portia expresses sorrow over the terms of her father’s will, which stipulates
that she must marry a man who correctly chooses one of three caskets. None of
Portia’s current suitors are to her liking, and she and her lady-in-waiting, Nerissa, fondly
remember a visit paid some time before by Bassanio.

In Venice, Antonio and Bassanio approach Shylock, a Jewish moneylender, for a loan.
Shylock nurses a long-standing grudge against Antonio, who has made a habit of
berating Shylock and other Jews for their usury, the practice of loaning money at
exorbitant rates of interest, and who undermines their business by offering interest-free
loans. Shylock acts agreeably and offers to lend Bassanio 3,000 ducats with 0%
interest. Shylock adds that if the loan goes unpaid, Shylock will be entitled to a pound of
Antonio’s flesh. Despite Bassanio’s warnings, Antonio agrees.

Shylock’s daughter Jessica plans to elope with Antonio’s friend Lorenzo. That night, the
streets of Venice fill up with revelers, and Jessica escapes with Lorenzo by dressing as
his page. After a night of celebration, Bassanio and his friend Graziano leave for
Belmont, where Bassanio intends to win Portia’s hand. Shylock is furious to find that his

1
I.3, 96.
2
II, 65.
3
I.3, 99.
4
III.2, 74.
5
III.2, 75–77.

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daughter has run away, but rejoices in the fact that Antonio’s ships are rumored to have
been wrecked and that he will be able to claim his debt soon.

In Belmont, Bassanio arrives at Portia’s estate, and they declare their love for one
another. Bassanio picks the correct casket, which is made up of lead. He and Portia
rejoice, and Graziano confesses that he has fallen in love with Nerissa. The couples
decide on a double wedding. Portia gives Bassanio a ring as a token of love, and makes
him swear that under no circumstances will he remove it. They are joined,
unexpectedly, by Lorenzo and Jessica. The celebration, however, is cut short by the
news that Antonio has lost his ships, and that he has forfeited his bond to Shylock.
Bassanio and Graziano immediately travel to Venice to try and save Antonio’s life. After
they leave, Portia tells Nerissa that they will go to Venice disguised as men.

Shylock ignores the many pleas to forgive Antonio’s life, and a trial is called to decide
the matter. In the court of Venice, the Duke is presiding over Antonio's trial. Shylock
resists their requests that he show mercy and insists on pursuing his "pound of flesh,"
despite the fact that Bassanio has offered him 9000 ducats instead. Nerissa and Portia
arrive on the scene, disguised as a law clerk and a lawyer, respectively. Portia points
out that the contract Shylock holds doesn't give him the right to take any blood from
Antonio, and that if Shylock sheds even a drop of blood while cutting Antonio's flesh that
all of Shylock's wealth will be confiscated by the state. She further finds Shylock guilty of
conspiring to kill a Venetian citizen, and therefore must hand over half of his wealth to
Antonio and the other half to the state. Antonio and the Duke decide to show mercy,
however: Shylock must only give half his wealth to Antonio, and promise to leave the
other half of his wealth to Jessica and Lorenzo after his death. In addition, Shylock must
convert to Christianity. Devastated, Shylock accepts.

Bassanio, who does not see through Portia’s disguise, and is eventually pressured into
giving Portia the ring with which he promised never to part. Graziano gives Nerissa, who
is disguised as Portia’s clerk, his ring. The two women return to Belmont. When
Bassanio and Graziano arrive the next day, their wives accuse them of faithlessly giving
their rings to other women. Before the deception goes too far, however, Portia reveals
that she was, in fact, the law clerk, and both she and Nerissa reconcile with their
husbands. Lorenzo and Jessica are pleased to learn of their inheritance from Shylock,
and the joyful news arrives that Antonio’s ships have in fact made it back safely. The
group celebrates its good fortune.[ CITATION BJS92 \l 1033 ]

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MAIN CHARACTERS OF THE ACT IV SCENE I OF THE PLAY
 SHYLOCK (THE ANTAGONIST)

He was a Jewish moneylender in the city of Venice who has been embittered by years
of abuse at the hands of Venetian Christians and Antonio, the merchant of Venice, in
particular. Shylock's anger and bitterness lead him to sign a contract (surety bond) with
Antonio, in which Antonio puts up a pound of his own flesh as collateral for a loan.
When Antonio can't cover his loan, Shylock refuses to show any mercy and insists that
the law be upheld and that he get to take his pound of flesh from Antonio. The other
characters, including Shylock's own daughter, Jessica, consider him inhuman—bestial
or demonic. However, their treatment of Shylock helps illuminate the prejudice and
hypocrisy that lies behind many of their stated ideals of human brotherhood and
Christian fellowship.

 ANTONIO (THE PROTAGONIST)

He was a prosperous Venetian merchant liked and admired by his fellow citizens. To
help his friend Bassanio woo Portia, he signs a contract with Shylock his enemy,
guaranteeing a loan with one pound of his own flesh as collateral. Many critics argue
that Antonio harbors an unrequited erotic desire for Bassanio. In contrast to the
benevolence that he shows others, Antonio expresses an intense hatred of Shylock and
the Jews, though at the end of the play he does argue that Shylock should be shown
mercy and not be condemned to death.

 PORTIA ( BEAUTY WITH BRAIN)

She was a beautiful, clever, and wealthy noble woman who lives in the country estate
of Belmont, outside the city of Venice. Portia is bound by a clause in her father's will,
which obligates her to marry whoever solves the riddle of the caskets, by choosing the
correct chest from one of gold, silver, and that of lead. After despairing over a parade of
suitors whom she finds distasteful, Portia does get to marry her true love, Bassanio,
who happily makes the correct choice. She also saves Antonio's life, during his trial with
Shylock, dressed up as a lawyer named Balthazar. He also gave her world famous
speech on “Quality of mercy”6 while requesting Shylock to be merciful on Antonio. For
centuries, Portia was admired as an ideal of feminine virtue. However, many modern
critics have pointed out that Portia, though seemingly a genius and a perfect wife,
regularly displays a vicious prejudice toward non-Christians and foreigners.

6
Act IV scene I, 184-202

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 BASSANIO (THE LOVER AND FRIEND)

He was a noble man from Venice, who is a kinsman, close friend, and longtime debtor
of the merchant, Antonio. Because he wants to woo the noble Portia, but he cannot
himself afford to do so, Bassanio borrows 3000 ducats from Shylock, with Antonio as
his guarantor. His status as Portia's suitor and, later, her husband, makes Bassanio the
romantic hero of the play. However, his character is deeply flawed. At best clueless, and
at worst consciously selfish and manipulative, he always manages to avoid earning his
own way: first, he exploits the generosity of his friend Antonio, and then he freely
passes on the money and gifts that Portia gives him.

 GRATIANO
He was a notoriously vulgar Venetian and common friend of Bassanio and Antonio.
While Bassanio courts Portia, Gratiano falls in love with Portia’s servant, Nerissa and
eventually marries her in the double Wedding joined with Bassanio and Portia. He was
also present in the trial of Antonio and tries to save his friend’s life.

 NERISSA
He was Portia's servant and confidante, Nerissa ultimately marries Bassanio's
companion, Gratiano. He was the one who came along with Portia as disguise in front
of Duke of Venice, to save Antonio’s life from Shylock.

 DUKE OF VENICE
He presides over the trial of Antonio. Although the Duke attempts to persuade Shylock
to show Antonio mercy but he fails in his attempt, he knows that Venice's commercial
interests depend on a consistent application of its laws, so he can't make an exception
to help Antonio.

 BALTHAZAR
The servant Portia sends to obtain her letters of introduction and costume from Bellario.
Balthazar is also the name Portia takes when she impersonates a lawyer at court. So
this character was nothing more than a disguised figure adopted by Portia to present
herself in front of Duke of Venice, in the trial if Antonio.

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LEGAL ANALYSIS OF ACT IV SCENE I (TRIAL OF ANTONIO)
The play “Merchant of Venice” is a masterpiece in the field of “law in literature”. The
most crucial part of play is the “trial of Antonio by Duke of Venice” in Act IV scene I. This
scene is consisting of various aspect of law; some of which, are portrayed in well
manner of legal interpretation but some of them are not much appreciated in law field.
Writer’s freedom of art has been used significantly in the play which has destroyed the
real sense of law. [ CITATION Mic14 \l 1033 ]

Some of the crucial aspects of law in Act IV Scene 1 are analyzed here-

 THE BOND
First question which arise during the analysis of the legal aspect is that of the question
of the legality of bond between Shylock, Antonio and Bassanio. The terms of the bond
were stated by Shylock in the following lines-

Go with me to a notary, seal me there

Your single bond, and, in a merry sport,

If you repay me not on such a day,

In such a place, such sum or sums as are

Expressed in the condition, let the forfeit

Be nominated for an equal pound

Of your fair flesh, to be cut off and taken

In what part of your body pleaseth me. 7

The understanding of these lines, tells us that, here Shylock is asking Antonio to come
with him to notary and sign a bond according to which if the amount taken as loan is not
payed back in stipulated time than Shylock will become liable to take one pound of flesh
from Antonio which whichever part pleases him. Which later turn out to be the “nearest
to Merchant’s heart.”8

Question here is that “is this bond legal?” According to me, no. because we know that to
make bond valid contract, it should fulfill five mail elements of a legal contract which
are-

1. Offer

7
I.iii.137–44
8
IV,I, 230

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2. Competent parties,
3. Free consent,
4. Consideration, and
5. Lawful object, 9

We can see in the play that there was an offer by Shylock and that offer was accepted
by Antonio without use of any vitiating factor such as misrepresentation, undue
influence, etc. [ CITATION Tim10 \l 1033 ] As we have seen when Portia asked “Do you
confess the bond?” to Antonio, he replied “I do.” 10 And also the parties to the contract
where implicitly competent and consideration amount of 3,000 ducats was also there.
But this bond lacks the last factor of lawful object. [ CITATION Tat19 \l 1033 ] In law we know
that for an agreement to become a contract it should have lawful object and “object is
lawful unless it harms the public policy” 11 and asking someone’s flesh in return of
consideration amount is is clearly against the public Policy. Hence, according to Indian
Contract Act, 1872 this contract/bond between Shylock and Antonio is void in nature.
Therefore, they should not conduct any trial of Antonio.

 CIVIL LAW VS. CRIMINAL LAW

We know that civil law is very much different from that of criminal law. Generally, civil
law is a wrong against individual entity but criminal law is a wrong against society.
Under civil law there is only compensation for wrong but in criminal law there is penalty
in the form of fine or punishment or both.

We also know that contract law is the matter of civil law and not criminal law than the
situation of capital punishment should not arise out of civil matter vice-versa of which
happens in “Merchant of Venice”. It is implicit that taking a pound of flesh of a man
would definitely take the life of that man, which will be a capital punishment. Therefore,
this whole trial should not have taken place.

 AMICUS CURIAE
A central factor to the play is the question of what is Portia's role during the hearing?
Hood, states that, "her position is prejudicial as she is the principal debtor's wife and

9
Indian Contract Act, 1872
10
IV, i
11
Section 23, Indian Contract Act, 1872

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she is housing Jessica and the stolen jewels" [ CITATION Hoo72 \l 1033 ], therefore, it is
important to discover whether or not Portia's participation is legally accepted or not. It is
known that in English law there is a role called the "Amicus curiae" which means “friend
of the court”. Andrews cites Coke as defining the role of the Amicus curiae as,

“This custom cannot be traced to its origin but it is immemorial in the English Law. It is
recognized in the Year Books, and it is enacted in 4 Hen. IV (1403), that any stranger as
"Amicus Curiae" might move the court, etc. The custom included instructing, warning,
and moving the court. The information so communicated may extend to any matter of
which the court takes judicial cognizance.” [ CITATION And65 \l 1033 ]

However, Portia extends her role from advising the court or at most, directing the court;
to making judgments, "the law allows it and the court awards it" 12. In the hearing, Portia,
who is impersonating an expert in the field of law, is introduced as a learned Doctor of
Law, named Balthazar: This letter from Bellario doth commend a young and learned
doctor to our court13. [ CITATION Fel99 \l 1033 ]

It is clear that Portia does not have a right to be present as an Amicus curiae, as she is
impersonating an individual (Balthazar) who is a learned doctor of law. However, the
actual Balthazar has adopted the role of a friend of the court and in reality if Portia has
the power of attorney of him than she may be considered as lawful Amicus Curiae.

 LAX VS. JUS

The universal debate of lax vs. jus continues in this play as well. The literal meaning of
lax vs. jus is Law vs. Justice. There is always a debate that the law in it rigid sense
should be applied or the justice in its original sense should be applied in a case. Law in
its rigid sense will be a situation with the application of law as it is. On the other hand,
justice in its original sense means the situation in which the real justice is delivered no
matter what is prescribed in law. According to me, Justice always comes with prejudices
and morality which have a glimpse of mercy ab initio.

In the play “merchant of Venice”, Shylock was always demanding strict or rigid
application of law which is described as lax. Shylock states during the hearing, "I stand
here for law"14. He desires a judgment based purely on the law and believes that he is
legally correct as he states, "What judgment shall I dread having done no wrong?" 15
These statements tell us that he just wants his revenge from Antonio and he does not
bother about Antonio’s life. He does not show a glimpse of mercy. [ CITATION Reb09 \l
1033 ]
12
4.1 .296
13
4.1.142-43
14
4.1.142
15
4.1.88

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On the other hand, Portia, Duke, Antonio, Bassanio, and other people were the
supporters of justice, which in this case is not taking life of Antonio but their plea for
mercy, were clearly rejected by Shylock. For example, the Duke informs Shylock that
they all expect a “'gentle answer', that is, one of mercy” 16. The debate in the play is
resolved by Portia by her out of the box solution which are already aware of. And finally
justice prevails over rigid law.

CONCLUSION
The play “merchant of Venice” is significant in the field of literature as well as law. It’s a
masterpiece in Elizabethan literature era but the description of law in the play has some
flaws. Shakespeare has uses his freedom of art in the depiction of law which has
caused inappropriate law inscription. For law scholars, “merchant of Venice” is nothing
but a fairy tale.

We as being young lawyers must analyze the play keeping the actual present law
situations. It is possible that the law implemented in play may be there in Venice at the
time play was written i.e. in around last decade of sixteenth century and early beginning
of seventeenth century, but clearly it is not applicable in present days.

Furthermore, personally I believe that the language used in the play is partially offensive
for the Jews community. Writer has clearly depicted Christians as superior, and the
Jews as the merciless, revengeful, sadist people. The repercussions of which, we have
seen with the fact that “the merchant of Venice” was the favorite book of Adolf Hitler, as
he started the world’s worst genocide against Jews. But that might be wrong to give all
responsibility of that massacre completely to the literature, but it is wrong to use this
kind of offensive language.

BIBLIOGRAPHY
ARTICLES

16
4.1.33

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 Andrews, M. (1965). Law versus Equity in the Merchant of Venice. University of
Colorado Press , 43.
 Berch, R. W. (2009). The Merchant of Venice, Act IV, Scene 1. The Journal of
Appellate Practice and Process , 357-373.
 Hood, P. (1972). Shakespeare and the Lawyers. London: Methuen and Co Ltd .
 Karapetyan, T. S. (2019). Legal Interpretation of Shylock’s Bond . International
Journal of Humanities Social Sciences and Education (IJHSSE) , 86-94.
 Matthew-Stubbs, F. A. (1999). The Legal Issues in Shakespeare's The
merchant of Venice and The Legal Issues in Shakespeare's The merchant of
Venice and Jonson's Volpone. Edith Cowan University .
 Perell, P. M. Deceived with Ornament: Law, Lawyers and Shakespeare’s The
Merchant of Venice. Toronto: WeirFoulds LLP.
 SOKOL, B. J. (1992). The Merchant of Venice and the Law Merchant. The
Society for Renaircance Studies, Oxford Univcrsiy Presss , 60-67.
 Stretton, T. (2010). CONTRACT, DEBT LITIgATION AND ShAKESPEARE’S
THE MERCHANT OF VENICE. Adelaide Law Review , 111-125.
 Willson, M. J. (2014). View of Justice in Shakespeare's the Merchant of Venice
and Measure for Measure . Notre Dame L. Rev , 695-726.

WEBSITES
 www.coursehero.com
 www.sparknotes.com
 www.litcharts.com
 www.shakespeare.org.uk
 www.cliffnotes.com

BOOKS
 "the Merchant of Venice" play by William Shakespeare
 Bare Act of Indian Contract Act, 1872

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