LEGAL ANALYSIS OF MERCHANT OF VENICE

ENGLISH-II (LAW AND LITERATURE)

BOOK REVIEW

LEGAL POINT OF VIEW OF MERCHANT OF VENICE

Kanhaiya Singhal
BA-LLB (Hons.) 2nd year
Faculty of Law,
PES University,
Bangalore

ABSTRACT
The play “Merchant of Venice” is a masterpiece in the field of Literature. But it is not only a
mere literature word but there are multiple things which are crucial and become important to
discuss as a lawyer. Here in this work we are going to see those aspects which were needs to be
discussed from a lawyer’s point of view. We are going to discuss the legal flaws in the so called
masterpiece which may hurt many of your feeling of those who actually loves the work of
William Shakespeare. The play reflects a variety of laws of various fields such as law of
contracts, law of torts, Concept of Amicus Curie and many more, at some places Shakespeare in
the urge of creating an impact on readers’ misuses the law and presents them in a wrong way. He
uses his artistic freedom to present the work of 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

Photo credit: Royal Shakespeare Company

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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 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.

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
1
I.3, 96.
2
II, 65.
3
I.3, 99.

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 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 daughter has run away, but

4
III.2, 74.
5
III.2, 75–77.

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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

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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 ]

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

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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.

 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.

6
Act IV scene I, 184-202

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 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.

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

7
I.iii.137–44

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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,
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.

8
IV,I, 230
9
Indian Contract Act, 1872
10
IV, i
11
Section 23, Indian Contract Act, 1872

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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"[ 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 court 13.
[ 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.

12
4.1 .296
13
4.1.142-43

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 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 ]

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.

14
4.1.142
15
4.1.88
16
4.1.33

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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
 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.

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 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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