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 2nd Semester
PES University PES1UG19AL003

1
 LEGAL ANALYSIS OF MERCHANT OF VENICE
ENGLISH-II (LAW AND LITERATURE)
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 ..................................................................................................... 9
LAX VS. JUS .......................................................................................................... 10
CONCLUSION .................................................................................................................. 11
BIBLIOGRAPHY ............................................................................................................... 12
ARTICLES ..................................................................................................................... 12
WEBSITES .................................................................................................................... 12
BOOKS .......................................................................................................................... 12

2
 LEGAL ANALYSIS OF MERCHANT OF VENICE
ENGLISH-II (LAW AND LITERATURE)
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 his family behind
Photo credit: Royal Shakespeare Company 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 21st 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.

3
 LEGAL ANALYSIS OF MERCHANT OF VENICE
ENGLISH-II (LAW AND LITERATURE)
Some of the world renounce quotes of the play are mentioned below-

• The devil can cite Scripture for his purpose1.

• 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 (Perell)

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 daughter

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

4
 LEGAL ANALYSIS OF MERCHANT OF VENICE
ENGLISH-II (LAW AND LITERATURE)
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. (SOKOL, 1992)

5
 LEGAL ANALYSIS OF MERCHANT OF VENICE
ENGLISH-II (LAW AND LITERATURE)
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

6
 LEGAL ANALYSIS OF MERCHANT OF VENICE
ENGLISH-II (LAW AND LITERATURE)

• 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.

7
 LEGAL ANALYSIS OF MERCHANT OF VENICE
ENGLISH-II (LAW AND LITERATURE)
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. (Willson, 2014)

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
2. Competent parties,

7 I.iii.137–44
8 IV,I, 230

8
 LEGAL ANALYSIS OF MERCHANT OF VENICE
ENGLISH-II (LAW AND LITERATURE)
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. (Stretton, 2010) 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. (Karapetyan, 2019) 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 she
is housing Jessica and the stolen jewels" (Hood, 1972), therefore, it is important to

9 Indian Contract Act, 1872

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

9
 LEGAL ANALYSIS OF MERCHANT OF VENICE
ENGLISH-II (LAW AND LITERATURE)
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.” (Andrews, 1965)

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. (Matthew-Stubbs, 1999)

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. (Berch, 2009)

12 4.1 .296
13 4.1.142-43
14 4.1.142
15 4.1.88

10
 LEGAL ANALYSIS OF MERCHANT OF VENICE
ENGLISH-II (LAW AND LITERATURE)
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.

16 4.1.33

11
 LEGAL ANALYSIS OF MERCHANT OF VENICE
ENGLISH-II (LAW AND LITERATURE)
BIBLIOGRAPHY
ARTICLES
• 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

12