D R.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY, LUCKNOW

2020-2021

FINAL DRAFT

TITLE – ANALYZING THEMES OF LAW IN FAMOUS

LITERARY PLAYS: A Study in Two Plays.

Submitted by - Submitted to -

Anushikha M. Pokhriyal Dr. (Mrs.) Alka Singh 

Enrolment no. – 200101032
BA LLB (Hons) 2nd Semester
Section – ‘A’
Assistant Professor (English)
M.A. (English), M.Phil & Ph.d 
in English.
Dr. Ram Manohar Lohiya ational
Law University, Lucknow.
Index of Authorities 
• Books & Plays
The Merchant of Venice, by William Shakespeare.
Hamlet, by William Shakespeare. (1609) 
Antigone, by Sophocles.
Law & Literature Readings.
The Invention of Suspicion: Law and Mimesis in Shakespeare and Renaissance
Drama, by Lorna Hutson.
Shakespeare & the Law.

• Links 
https://www.thoughtco.com/cross-dressing-in-shakespeare-plays-2984940
https://openliterature.net/2011/08/02/introduction-the-merchant-of-venice/
https://www.shakespearenj.org/OnStage/2017n/Merchant_of_Venice/
documents/MoV%20KTS%20Guide%20FINAL.pdf
https://www.thehindu.com/opinion/op-ed/the-links-between-law-and-
literature/article19951335.ece
https://www.ancient-literature.com/greece_sophocles_antigone.html
https://www.aspeninstitute.org/wp-content/uploads/files/content/docs/
SOPHOCLES_ANTIGONE_(AS08).PDF
https://literariness.org/2020/07/29/analysis-of-sophocles-antigone/
#:~:text=Antigone%2C%20who%20has%20been%20described,on
%20behalf%20of%20the%20dead.

 Table of Contents
Sr no. Topic

1. Introduction

2. Antigone, by Sophocles
a) About the Author
b) Dramatis Personae
c) Plot Summary
d) Themes of Law in the play

3. The Merchant of Venice, by Shakespeare

a) About the Author
b) Dramatis Personae
c) Plot Summary
d) Themes of Law in the play

4. The Vital Theme of Crossdressing in Shakespearean Plays.

5. Conclusion & Analysis

Introduction
Words are truly a wonder of human imaginative power in its most paradoxical
yet simple sense. They are the basic foundation of anything that makes sense;
in essence, they’re the fundamental foundations of sensibility itself. Their
arrangements can give us poetic pieces of literature and their very arrangement
can give us judgements that change the way we look at law and justice.
This paper focuses on the inexplicable yet unmissable relationship amongst the
fields of law and literature. From the advent of formalization of literature, Acts
and Scenes inclusive of a “courtroom scene” brought a variety that added the
read-worthy spice to plays. The concepts of Law and Legislation in plays stood
out as engrossing plot twists where the downfall of the antagonist finally takes
place at the hands of a lawyer who knows what they’re doing down to the T.
Literary works contain characteristics of law in some form or the other, even in
Jane Austen’s Pride and Prejudice, primogeniture was the entire pivot on
which the ideas of “love” revolved. Literature is motivated by parts of law and
examines the boundless extent of human experiences. Both are motivated and
strive to solve social problems, and this is the similitude behind these two
apparently contradictory concepts. The bulk of literature works deal with law
or highlight legal themes, while former or practical attorneys constitute a lot of
authors. These causes add to these two genres' increasing and emerging
relationships. Literature not only transmits positive elements of law but (in
fact, it exposes more frequently) the flaws and faults of legislation. In addition,
it becomes the narrative of justice and in especially the unfairness of the courts.
The literature sometimes (willingly or unintentionally), in a format that shows
how rigorous application of legislation proved immoral or was against the
conscience of society, raises the questions of law and morality. This
relationship is not new and may be traced back to the time the protagonist's
primary aim was to seek vengeance. Whether Sophocles, Homer or
Shakespeare - the primary subject of vengeance has been accessory law. In his
renowned "Antigone" play Sophocles distinguished between human law and
the divine law in which the divine justice was clashed with the will of the head
of State on the one hand. The courts of Shakespeare also handled matters of
legal tone. Many people typically consider the narrative of the pound of flesh
in Merchant of Venice to be a 'particular performance' example.
The literary plays I have chosen to analyze for this paper are Antigone by
Sophocles, and The Merchant of Venice by William Shakespeare.

ANTIGONE (441 BCE) by Sophocles

 About the Author

Considered one of the three greatest playwrights of the classical Greek theater,
Sophocles was a friend of Pericles and Herodotus, and a respected citizen who
held political and military offices in fifth-century B.C.E. Athens. In 468
B.C.E., he gained prominence by beating Aeschylus for a prize in tragic drama
in Athens. Only seven of his entire plays have survived to the current day,
despite the fact that he composed over 100 and received first prize in 24
competitions. His three Theban plays, Antigone, Oedipus Rex, and Oedipus at
Colonus, are the most well-known.
Electra, Philoctetes, and Trachinian Women are Sophocles' other full works
that have survived. He is recognized for revolutionizing Greek theatre by
introducing a third actor, decreasing the chorus's function, and giving more
attention to character development than previous writers.
However, the play Antigone does incorporate a well-functioning and
frequently occurring Chorus.

Dramatis Personae
1) Antigone
The tragic heroine of the drama. Antigone is at odds with her dazzling sister
Ismene from the start of the play. Antigone is sallow, introverted, and
rebellious, in contrast to her lovely and obedient sister.
2) Creon
Uncle of Antigone. Creon is a strongly built figure, yet he is a worn and
wrinkled man who has had to bear the responsibilities of authority. He is a
sensible guy who removes himself from Oedipus and his line's tragic goals.
His main interest, he says Antigone, is in political and social order. Creon is
a firm believer in common sense, simplicity, and the mundane joys of
everyday living.
3) Ismene
The smiling, chatty Ismene is the family's nice girl, blonde, full-figured, and
radiantly attractive. She is rational and aware of her position, submitting to
Creon's order and seeking to persuade Antigone to abstain from her revolt.
She is Antigone's counterpoint, just as she is in Sophocles' play. She will
eventually repent and beg Antigone to let her die with her. Ismene's
conversion demonstrates how Antigone's resistance is spreading, even when
Antigone rejects.

4) Haemon
 Creon's son and Antigone's youthful fiancé. In the play, Haemon appears
twice. He is spurned by Antigone in the first play, and he begs his father for
Antigone's life in the second. Creon's rejection shatters his high opinion of
his father. He, too, rejects Creon's gift of bliss and pursues Antigone to her
bitter and untimely demise.
5) Eurydice
Creon's kind, knitting wife whose only function, as the Chorus declares, is
to knit in her room until it is her time to die. Her suicide is Creon's last
punishment, leaving him entirely alone.

Plot Summary

A tragedy written in 441 BCE by Sophocles, Antigone is a play about the

aftermath of a civil war in which the two sons of Oedipus, Eteocles and
Polyneices, are killing one another, in which the new king and their successor,
Creon, try to punish Polyneices by not burying him properly.
The players are introduced by the Chorus. Antigone is a young woman who
will stand up on her own and die young. Antigone's handsome fiancé, Haemon,
converses with her lovely sister, Ismene. Despite the fact that Haemon should
have chosen Ismene, he unexpectedly proposed to Antigone on the night of a
ball. Creon is the king of Thebes, and he is obligated to reign. The Nurse and
Queen Eurydice sit next to the sisters. Eurydice will continue to knit until she
is called to her room to die. Finally, three Guards play cards, unconcerned by
the horror unfolding in front of them.

Themes of Law and Justice in Antigone

A thorough reading of the play Antigone by Sophocles is enough for a reader to

identify the strong motif of ‘Natural Justice Laws vs Man-made Laws’ in
the text. The almost-tyrannical ruler Creon is a proponent of man-made (or
rather his own ‘Creon-made’) laws, while Antigone, and later Ismene and
Haemon as well, support the precedence of Natural Justice principles, which
are described as laws of divine origin in the play, over man-made ones.
Natural justice is the legal phrase for the rule against prejudice and the right to
a fair hearing in English law. While the phrase "natural justice" is still used to
describe a broad notion, it has mainly been superseded and expanded by the
"duty to act fairly."
Creon, as head of state and lawgiver of Thebes, believes in adherence to man-
made laws. Antigone, on the other hand, defies Creon's instruction not to bury
Polynices by appealing to a separate set of rules—what is commonly referred
to as "natural law." Natural law says that there are fundamental and universal
criteria for good and evil that are more fundamental and universal than the
rules of any given civilization, regardless of its basis in nature or divine order.
If this debate is further rendered down to a simpler line of argument or
interpretation, it can be viewed in terms of ‘Morality vs Legality.’
On a critical analysis, I came to the analogical conclusion that the theme of
“Creon’s Tyrannical Laws vs Antigone’s Pursuit of Religion/Natural
Justice Laws” can be compared to the contemporary circumstances of
“Dictatorship/Autocracy vs Democracy.” The laws made by an autocratic
dictator will always lack the depth due to its mono-perception (i.e., them being
born out of the perception of a single human being) whereas the basic essence
of democracy is that it takes into account the perceptions, opinions, approvals,
disapprovals, votes, etc., of every group of citizens, thereby ensuring their safe
inclusivity in the working of society, and preventing the occurrence of any sort
of injustice. The parallel, as well as the evidence, to such a claim could be the
fact that the rising action of the play consisted of everyone leaving Creon’s
side and supporting Antigone’s claims.

THE MERCHANT OF VENICE (1600) by William Shakespeare

 About the Author

Shakespeare holds a unique position in international literature. Other poets and

novelists, such as Homer and Dante, have transcended national barriers, but no
living writer's reputation can compare to Shakespeare's, whose plays, written in
the late 16th and early 17th centuries for a small repertory theatre, are now
performed and read more frequently and in more countries than ever before.
Shakespeare has fulfilled the prophesy of his great contemporary, the poet and
playwright Ben Jonson, that he "was not of an age, but for all time."
The Merchant of Venice is a 16th-century Shakespearean play in which
Antonio, a merchant in Venice, defaults on a substantial debt made by Shylock,
a Jewish moneylender.

Dramatis Personae
1.) Portia
A rich Belmont heiress. Portia's beauty is only rivalled by her brains.
Despite being bound by a clause in her father's will that requires her to
marry whichever suitor accurately picks from three caskets, Portia is
allowed to marry her true love, Bassanio. Portia, disguised as a youthful
legal clerk, is by far the most astute of the play's protagonists, and she
rescues Antonio from Shylock's knife.

2.) Antonio
The merchant who, in his compassion for his mate Bassanio, signs
Shylock's contract and nearly dies. Antonio is a volatile personality,
frequently mysteriously sad and, as Shylock points out, possessing an
incorrigible hatred of Jews. Nonetheless, Antonio is beloved by his friends
and, albeit with restrictions, shows mercy to Shylock.

3.) Bassanio
A Venetian nobleman who is Antonio's kinsman and close friend. Bassanio
borrows money from Shylock using Antonio as a guarantee because of his
love for the affluent Portia. Bassanio, an ineffective merchant, shows
himself a desirable suitor by properly recognising the box in which Portia's
image is kept.
4.) Shylock
In Venice, there is a Jewish moneylender. Angry with his maltreatment by
Venice's Christians, notably Antonio, Shylock plots to get vengeance by
mercilessly demanding a pound of Antonio's flesh as recompense. Despite
being viewed by the other characters in the play as an inhuman monster,
Shylock occasionally deviates from stereotype and displays himself to be
surprisingly human. Shylock is one of Shakespeare's most famous
characters because of his inconsistencies and lyrical outbursts of hatred.

Plot Summary

In simple terms, in the play The Merchant of Venice; Antonio, an

antisemitic merchant, borrows money from Shylock, a Jew, to assist his
friend in courting Portia. Antonio is unable to return the debt, and Shylock
demands a pound of his flesh without mercy. Portia, the heiress who is now
Antonio's friend's wife, disguises herself by crossdressing as a lawyer and
saves Antonio.
In Act IV (the courtroom scene) Shylock wants his pound of flesh from
Antonio. The Duke, who is presiding over the court, seeks legal assistance
from "Balthazar," who is Portia in disguise. Portia urges Shylock to spare
Antonio's life. Shylock declines to accept Bassanio's gift of his wife's
money, which would more than cover the debt. Antonio's death is only
averted because Balthazar reveals that the link is just for flesh and not a
single drop of blood. As a result, Shylock is unable to collect the pound of
flesh.
By law, Shylock forfeits his wealth to Antonio and Bassanio for
endangering a Venetian's life. Antonio declines his part of the money and
requests that it be placed in a trust for Lorenzo and Jessica. He also insists
that Shylock become a Christian. Shylock, broken and submissive, exits the
court. Bassanio and Graziano express their gratitude to the attorneys, who
request their rings as legal costs. Bassanio and Graziano resist until Antonio
intervenes and orders them to hand over the rings to the attorneys.
 Themes of Law in the Play

Evidently, Law is not only a motif but also a central theme in the play The
Merchant of Venice. The play is primarily reliant on laws and regulations—
the laws of Venice and the regulations stated in contracts and wills. Laws
and rules can be exploited for cruel or heinous ends, but they can also be
used for good when carried out by the proper individuals. The pound of
flesh that Shylock wants may be interpreted in a variety of ways: it serves
as a metaphor for two of the play's most important relationships, but it also
highlights Shylock's rigid commitment to the law.
Alongwith Law, Revenge and Mercy are also two very important sub-
themes of this play. The philosopher Francis Bacon, a contemporaneous
writer of Shakespeare, characterised vengeance as a "kind of wild justice."
When a private individual tries to seek vengeance on another, he is acting
far outside the legal system. The phrase “Wild Justice” points towards an
entity that the revenger sees as a ‘higher law’ that is superior to the existent
justice system. Blinded by the hunger for this wild justice, the revenger
deems it fit to take the law in their own hands as they feel the State and
Justice system are too incompetent to do so. As a result, while law and
vengeance are theoretically opposed, because vengeance is illegal, they also
overlap. Shylock's pursuit of Antonio's "pound of flesh" reveals the close
relationship between law and vengeance. He pursues vengeance on Antonio
by strictly following the letter of the law within the Venetian court system.
Hence, Shylock’s actual pursuit is for vengeance and not rightful justice.
There were several other law-themed motifs seen in the play, some of them
being –
A) Lex Loci
Latin for “Law of the Land”, the motif of Lex Loci is quite prominently
observed in the play. Initially, Shylock is a great proponent of the
Contract Law to be based on the Lex Loci, in his pursuit to obtain a
pound of Antonio’s flesh. But as the play progresses and he finds
himself backed into a corner at the hands of Portia’s quick wit based on
the same Lex Loci, he pleads for his execution instead of what the
Venetian law dictates him to do.

B) Res Judicata
It is another Latin legal maxim that says if an issue has been resolved by
a competent court, it cannot be subject to future prosecution by the same
parties. The application of this maxim is seen at the end of the courtroom
scene, where Shylock is to forfeit all his possessions.
The theme of Cross-dressing in Shakespearean Plays.

Shakespeare was a big admirer of cross-dressing potential and regularly

employed the concept, particularly in his comedies.
A very popular theme across numerous plays by the Swan of Avon,
Crossdressing (mostly women as men) can be seen on more than one occasion
in this play as well. Different escapes are performed via cross dressing twice in
the play. Jessica (Shylock's daughter) escapes by disguising up as a page the
tedium of Shylock's mansion, while Portia and Nerissa, by acting as Venetian
courthouse officers, saves Antonio.
Shakespeare often utilises this technique to give women more independence in
a restricted society. The woman disguised as a man may move freer and talk
more freely to solve problems with her wit and intellect. Other characters are
likewise more willing to take their tips than when they talk to him as a 'lady.'
Women have usually done what they were told, whereas women in men's
clothing can influence their own future.
At the start of the play, Portia is in her own house a virtual prisoner, passive
waiting for an advocate to choose the correct pack, whether or not she liked it.
We do not perceive the naivety of it, which finally frees it. She was a young
legal clerk, a man. She dressed her afterwards. When every other character
doesn't help Antonio, she enters in and informs Shylock that he can have his
flesh pound but mustn't spill a drop of Antonio's blood under the law. She
utilises the law ingeniously to protect the best friend of her future husband.
Similarly, there are various other plays where a female character cross-dresses
as a man to get matters sorted, some of them being –
a) Rosalind as ‘Ganymede’ in As You Like It.
b) Viola as ‘Cesario’ in Twelfth Night.
c) Imogen as ‘Fidele’ in Cymbeline.

CONCLUSION & ANALYSIS

This paper was a testament to the fact depicting the inevitable and unavoidable
relationship between law and literature. This multidisciplinary link has far-
reaching consequences for future techniques of education, study, and legal
interpretation. Combined with the legal framework that really controls such
human experiences, the literature's capacity to provide a unique insight in
human conditions allows a democratic judiciary a fresh and dynamic way to
achieving the objectives of creating a just and moral society. The law in the
field of literature focuses in particular on the way legal problems are depicted
in writing. Writers have dealt with legal issues throughout history. In the
Middle Ages and in early Modern times, the profound interweaving of law and
literature was especially common. They usually respect the "independent"
perspective from which literary authors may observe the law. They think such
writers have a lesson in teaching the human condition and its effects on the
law, lawyers and attorneys alike. The fictitious scenarios in literature often
convey much about political and social circumstances, and about the person
who is often brought before the court. Robert Weisberg, for example, contends
that literary law provides fruitful opportunities. Although some of the literature
cannot teach its readers legal issues, it implies that law students may
nevertheless teach them about human condition. Through researching this
topic, I came to realise that there’s an intrinsic value in the use of literature as a
means of discussing legal topics. This amalgamation is seemingly perfect
because Literature possesses the ability to stimulate critical thought, something
which is a vital and unmistakable quality in the field of law. Literature also has
to be appreciated for its potential to link one to the other, and for the political
and social settings with which novels, especially legal ones, contend. Time and
again, playwrights and scholars have used law in literature as a means to
express their individuality and critique the status quo of social institutions and
legal norms. The coming together of these fields help one improve upon their
understanding of law by comparing legal interpretation with interpretation in
other fields of knowledge, particularly literature. Our literary interpretations
may very well enable us to better comprehend our cultural surroundings and, in
turn, to gain a better knowledge and interpretation of the law. Eric Heinze
presented a literary approach to the argument concerning justice in The
Concept of Injustice. In contrast to the 'classical' western tradition of the
Republic of Plato, which presupposes a static and logical opposition among the
notions 'justice' and 'injustice,' he called this point of view "postclassical."
Heinze's "post-classical" approach acknowledges that justice and injustice
cannot be theorised as mutually incompatible classes.