Brittes & Cárdenas 1

Brittes, Andrea; Cárdenas, Florencia

Leighton, Gabriela and Moglia, Patricia

English Literature 1 (Shakespeare)

11th May 2018

Finding loopholes in the law:

Justice in The Merchant of Venice

A world without justice is the sure sign of a world

without mercy1.
Frederick Turner

The Elizabethan framework of social order can be summarized in the idea of a Chain

of Being in which there exists a fixed system of hierarchies whose proper functioning is

connected to each individual’s fulfilment of their role assigned in society.Consequently, any

moment of chaos or disorder, the product of sin, is expected to be solved so that order is

restored2. As a result of this ideology, the Elizabethan state uses the law to control thoughts

and behaviours of its subjects so that, under those constrains, justice is able to be achieved

and society canregain stability. In Renaissance England, the understanding of the law’s

philosophical underpinnings is basically that of Thomas Aquinas, in which law is an

ordinance of reasons for the common good, promulgated by him who has care of a

community. 3 The conflict between notions of the law is an issue that provokes tension in

many of Shakespeare’s plays, The Merchant of Venice being a quintessential example.

1
Turner, F. Shakespeare’s Twenty-First Century Economics: The Morality of Love and Money. New York and
Oxford: Oxford University Press, 1999. p 85
2
Tillyard, E.M.W. The Elizabethan World Picture.Ed.Chatto and Windus. London: University of Cambridge,
1943. p. 3
3
Harmon, A. G. Eternal Bonds, True Contracts: Law and Nature in Shakespeare’s Problem Plays. Albany: State
University of New York Press, 2004. p. 4
 Brittes & Cárdenas 2

Disorder reigns at the beginning of this play so the element of justice is the device used to set

things right. Nevertheless, the characters’ manipulation of the law in order to serve their own

purposes construes the play as a critique against the judicial institution, in which justice can

only be attained if the ones under the spotlight are members of the community in question.

Therefore, the moment the Jew rightfully brings the Christian to trial for a broken commercial

bond on the part of the latter, the Christian is miraculously exonerated whereas the Jew is

deprived not only of his money but also and most importantly of his identity. In this light, the

purpose of the analysis is, thus, to explore two ways in which Shakespeare challenges the

rightful use of justice through an allegorical triumph of Christian mercy over Judaic justice,

which can be seen in Portia’s defence and in Shylock’s claim respectively, from the viewpoint

of authors such as Turner and Harmon. In order to deepen the analysis, the setting will be

analysed so that Portia and Shylock’s discourses can be understood in the context of

production.

The Merchant of Venice is a play set in Venice where “Germans, Spaniards,

Englishmen,Africans, and Jews come to trade (…) precisely because they canget a fair shake

there; and their trade enriches Venice”4. Trades create justice but at the same time create the

need of respect for the contracts made. Consequently, Antonio’s loss of his fortune and his

obligation to fulfil the bond with Shylock is directly connected with the Venetian law. He is

aware he is doomed, as he will be forced to comply with the law in order to maintain the

city’s reputation.

Antonio: The duke cannot deny the course of law,

For the commodity that strangers have

With us in Venice, if it be denied,

4
Turner, F. Shakespeare’s Twenty-First Century Economics: The Morality of Love and Money. New York and
Oxford: Oxford University Press, 1999. p 91
 Brittes & Cárdenas 3

Will much impeach the justice of his state,

Since that the trade and profit of the city

Consisteth of all nations. Therefore go. (3.3.29-34)

Every citizen is aware of the weight of the Venetian law over personal affairs. Margaret

Ranald makes use of the term osmotic knowledge for this widely understood information: “the

moral and behavioural assumptions that a ‘reasonable man’ that delight legal fiction, should

somehow have learned, or at least understood” 5 . This means that every man, without

necessarily having attended formal education, is adequately acquainted with those facts. Even

though Antonio accepts the punishment for breaking the commercial bond, he does not accept

his fault entirely, as he replies to the Duke that “my patience to his fury, and am armed/to

suffer with quietness of spirit/ the very tyranny and rage of [Shylock]”(4.1.11-13). Not being

impartial, the Duke endorses his point of view calling Shylock “A stony adversary, an

inhuman wretch/ Uncapable of pity, void of empty/ From any dram of mercy” (4.1. 4-6).

Through the language used, there is already a hint to the unfair trial Shylock is about to

undergo, in which all Christians are united against the Jew who cannot feel pity but craves

justice.Thereal reason that the Duke in The Merchant of Venice is afraid to rule arbitrarilyin

favor of the Christians and against Shylock is that to do so wouldbe to kill the goose that lays

the golden eggs. 6 The Merchant of Venice attempts to show how Venetian laws turn

threatening, due to its vengeful applications. In this setting of biased trial, Shylock’s and

Portia’s rhetoric will take place.

5
Harmon, A. G. Eternal Bonds, True Contracts: Law and Nature in Shakespeare’s Problem Plays. Albany: State
University of New York Press, 2004. p. 14
6
Turner, F. Shakespeare’s Twenty-First Century Economics: The Morality of Love and Money. New York and
Oxford: Oxford University Press, 1999. p 91
 Brittes & Cárdenas 4

Harmond suggests the characterization of the hero that undergoes a trial as a figure

that perseveres against judicial badgering until exonerated7. Yet, to what extent can this be

applicable to Antonio? He seems to be the hero who is in dire need of help to avoid honouring

his agreement because of an unjust plight. Nevertheless, the audience is led to forget about his

voluntary acceptance of the bond in which he asserts “But lend it rather to thine enemy/ Who,

if he break, thou mayst with better face/ Exact the penalty” (1.3.145-147), and is encouraged

to sympathize with the poor doomed Christian. This entails a change of focus so that the trial

is reversed from Antonio to Shylock. His lack of mercy and his crave for justice automatically

result in the figure of the avaricious Jewish that disregards the possibility of forgiveness.

However, taking into consideration Venetian laws discussed above, “the natures of the

Venetians’ pleas are for Shylock to be “reasonable”;and in answer, he is just that. He

responds to them with “reasons,” butones that are in service to his will”8

Shylock: You’ll ask me why I rather choose to have

A weight of carrion flesh, than to receive

Three thousand ducats? I’ll not answer that.

But say it is my humor: is it answered? (4.1.40.43)

The fact that Shylock is validating his rightful claim through the bond’s terms shows that he is

apparently just seeking what by law belongs to him. Harmon would further analyze,

For Shylock, the bond has terms: an

amount certain, due on a date certain, and at a place certain. If the particular

7
Harmon, A. G. Eternal Bonds, True Contracts: Law and Nature in Shakespeare’s Problem Plays. Albany: State
University of New York Press, 2004. p. 1
8
Harmon, A. G. Eternal Bonds, True Contracts: Law and Nature in Shakespeare’s Problem Plays. Albany: State
University of New York Press, 2004. p. 104
 Brittes & Cárdenas 5

terms are in default, the penalt y follows, with no need for further consideration

of the law’s intent. Justice is no greater than, and need concern itself with

no more than, the particular terms of the bond.9.

Shylock argues with the Duke by asserting, “So says the bond, doth it not, noble judge/

‘Nearest his heart’— those are the verywords” (4.1.249–50). His claims, although severe, are

legitimate; however, his literariness in his understanding of the law will betray him and

condemn him to his chosen method.

Through Portia’s discourse, law becomes a matter of brightness in order to deceive

Shylock. Her attempt to make the Jew change his mind is twofold. On the one hand, she

pleads for mercy by explaining that:

Portia: The quality of mercy is not strained.

It droppeth as the gentle rain from heaven

Upon the place beneath. It is twice blest:

It blesseth him that gives and him that takes. (4.1. 173-181)

Nonetheless, the Christian society has not been merciful to him, so he does not feel the need

to be merciful towards no one, least Antonio who has repeatedly degraded him in every

possible way: “Fair sir, you spat on me on Wednesday last,/You spurned me such a day,

another time/You called me dog,”(1.3.119.121). Being a Christian himself, Antonio cannot

profess the values he has been instilled by his religion, but Portia expects Shylock to do so.

Shylock being an outsider to the community, an outsider to the Christian lawsand being

judged by it, is expected to be merciful to the person that has treated him in a humane manner.

Penny Gay suggests that this is an ideological confrontation between Christian New

Harmon, A. G. Eternal Bonds, True Contracts: Law and Nature in Shakespeare’s Problem Plays. Albany: State
9

University of New York Press, 2004. p. 106

 Brittes & Cárdenas 6

Testament “mercy” versus Jewish Old Testament “revenge”10. On the other hand, evidencing

her failure to convince Shylock to retreat his request to fulfill the bond, Portia resorts to

transforming the meaning of the bond rather than discarding it through the use of the literal

meaning of the law. Therefore, the clever lady applies Shylock’s method against him by using

his penchant for particular, literalist interpretations against him11.

Portia: Tarry a little; there is something else.

This bond doth give thee here no jot of blood.

The words expressly are "a pound of flesh."

Take then thy bond, take thou thy pound of flesh,

But, in the cutting it, if thou dost shed

One drop of Christian blood, thy lands and goods

Are by the laws of Venice confiscate

Unto the state of Venice. (4.1.318-325)

Unaware of the consequences of his defense, Shylock awarded Portia with the means to

reverse the commercial bond against him, “Thyself shalt see the act/ For, as thou urgest

justice, be assured/Thou shalt have justice more than thou desir'st” (4.1.328-330).As a result,

Shylock becomes a victim of his own words, which shows how an institution which is meant

for the public good is used by Portia to benefitherself, by using the loopholes and her

eloquence to produce a sound argument and win. Due to his pursuitof revenge, Shylock loses

everything, even his identity. His forceful conversion to Christianity and the loss of his

possession has turned him into a hybrid, not belonging to any particular culture. Ironically, his

dreadful fate is decided by those who pled for mercy beforehand.

10
Gay, P. The Cambridge Introduction to Shakespeare’s Comedies. Cambridge, UK: Cambridge University
Press, 2008. p. 55.
11
Harmon, A. G. Eternal Bonds, True Contracts: Law and Nature in Shakespeare’s Problem Plays. Albany:
State University of New York Press, 2004. p. 106
 Brittes & Cárdenas 7

Order has been restored as the problem is solved. Has it? The perversion of the law for

a destructive end has prevailed throughout the play. Law is neutral but, having been invented

by humans, it seems bendable enough to find loopholes in which there can be multiple

interpretations. Depending on the goal of the person, law will be used to pursue revenge or to

order the life of society. The allegorical triumph of Christian mercy over Judaic justice can be

put under a spotlight since none of the characters that embody their religion are able to fulfill

the role correctly. Therefore, regardless the religion Portia and Shylock profess, both

characters in the play reveal their inner self by their choice of the interpretation of justice.
 Brittes & Cárdenas 8

Works Cited

Gay, P. The Cambridge Introduction to Shakespeare’s Comedies. Cambridge, UK: Cambridge

University Press, 2008.

Harmon, A. G. Eternal Bonds, True Contracts: Law and Nature in Shakespeare’s Problem

Plays. Albany: State University of New York Press, 2004.

Shakespeare, William, 1564-1616. The Merchant of Venice. Harlow, Essex, England

:Longman, 1994.

Tillyard, E.M.W. The Elizabethan World Picture.Ed.Chatto and Windus. London: University

of Cambridge, 1943.

Turner, F. Shakespeare’s Twenty-First Century Economics: The Morality of Love and

Money. New York and Oxford: Oxford University Press, 1999.