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merchant of venice _notes

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merchant of venice _notes

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justtbhavana
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Merchant of Venice

- William Shakespeare
Characters:

- Shylock
- Antonio
- Bassanio
- Portia (Balthazaar)
- Duke
- VENICE
- BASSANIO
In Venice, Bassanio, a not-so-wealthy nobleman, asks to borrow money from his dear GOES TO
friend and wealthy merchant Antonio, in order to have the funds to woo Portia, a ANTONIO
- ANTONIO
wealthy noblewoman. Although Antonio doesn't have cash handy, because all of his
AGREES TO
ships are at sea, he gives Bassanio permission to borrow as much money as he needs on LEND ON
Antonio's credit. HIS CREDIT
- Portia
LAMENTS Meanwhile, at her nearby country estate of Belmont, Portia laments to her serving
to Nerissa
- NERISSA - woman Nerissa about her father's will, which stipulates that any man who wants to BELMONT
Serving marry Portia must answer a riddle by choosing one of three "caskets," or chests (one
woman
- dad - riddle
gold, one silver, and one lead). Only the man who chooses correctly can become Portia's
- three husband. Portia has been disgusted with all of her suitors thus far. Still, Nerissa
caskets -
gold silver
reminds Portia of a fine Venetian marriage prospect—Bassanio.
lead
Bassanio asks the Jewish moneylender, Shylock, to lend him 3000 ducats. After much
hesitation, Shylock agrees—Antonio will guarantee the loan with his property as
collateral. However, when Antonio himself arrives and begins insulting Shylock for
committing usury (charging interest on his loans), Shylock proposes a bizarre
alternative. He will not charge Bassanio any interest for three months. However, if
Antonio defaults, Shylock will be entitled to cut one pound of flesh from anywhere on
Antonio's body that he likes. Confident that his ships will return to Venice, with many
times 3000 ducats, well before Shylock's deadline, Antonio accepts.

At Belmont, the Prince of Morocco arrives to try his luck at the riddle of the caskets. He
chooses incorrectly (gold), and leaves in defeat. Meanwhile, in Venice, Lorenzo, a friend
of Bassanio's, has fallen in love with Shylock's daughter, Jessica. One night, when
LORENZ
Shylock goes out, Jessica steals a large sum of money from her father and elopes, as O

planned, with Lorenzo. Lorenzo and Jessica, along with many others, then travel with JESSICA

Bassanio to Portia's estate. Lorenzo - bassanio's friend


LORENZO
elope to Portia
loves LORENZ
Jessica - SHylock's Daughter JESSICAO

JESSICA
The Prince of Aragon is the next of Portia's suitors to try to solve the riddle of the
caskets. After much deliberation, he chooses silver, which is wrong. As the Prince of
Aragon leaves, Bassanio arrives, laden with gifts for Portia.

revenge - A few weeks pass, and news arrives that Antonio's ships have been lost at sea. Though
pound of Shylock has been unable to locate Jessica, he consoles himself that he will have his
flesh
revenge in the form of the pound of flesh promised to him by his contract with Antonio.

Portia + Back at Belmont, Portia and Bassanio, who have spent all this time together, have fallen
Bassanio in love. Portia begs Bassanio to wait before facing the riddle, because she can't bear the
Nerissa + thought of losing him if he guesses wrong. But he insists on going ahead. To their joy, Gratiano -
Gratiano he chooses the correct casket (lead). To seal their betrothal, Portia gives him a ring, Bassanio's
vulgar friend
instructing him never to lose it or give it away. Then Nerissa and Bassanio's vulgar
friend Gratiano announce that they, too, intend to wed. However, just then, a letter
arrives from Antonio, with news of his lost ships and Shylock's intention to collect his
pound of flesh. Alarmed, Portia gives Bassanio enough money to repay the loan many
times over. As Bassanio hurries off to Venice, Portia hatches a plan of her own to save
Antonio.

In the court of Venice, the Duke is presiding over Antonio's trial. Shylock resists their
Bassanio
requests that he show mercy and insists on pursuing his "pound of flesh," despite the offered 9000
fact that Bassanio has offered him 9000 ducats instead. Nerissa and Portia arrive on the ducats
scene, disguised as a law clerk and a lawyer, respectively. Portia points out that the Nerissa - Law
Clerk
contract Shylock holds doesn't give him the right to take any blood from Antonio, and Portia - Lawyer
half wealth - that if Shylock sheds even a drop of blood while cutting Antonio's flesh that all of
Antonio
Half - LorenzoShylock's wealth will be confiscated by the state. She further finds Shylock guilty of
& Jessica afterconspiring to kill a Venetian citizen, and therefore must hand over half of his wealth to
his death
TERMS : Antonio and the other half to the state. Antonio and the Duke decide to show mercy,
CONVERT TOhowever: Shylock must only give half his wealth to Antonio, and promise to leave the
CHRISTIANITY
other half of his wealth to Jessica and Lorenzo after his death. In addition, Shylock must
convert to Christianity. Devastated, Shylock accepts.
BALTHAZAR - LAWYER
As Portia is leaving, Bassanio (who still thinks she is Balthazar, the lawyer) tries to offer
her money in thanks for her favorable judgment. She refuses, asking for his the ring that
he is wearing instead. Thinking of his vow never to part with it, Bassanio hesitates. But
after some prodding from Antonio, he gives in. Gratiano also gives his ring to Nerissa.

Back at Belmont, Lorenzo and Jessica have been enjoying an idyllic romantic evening.
Shortly before dawn, Portia and Nerissa arrive, soon followed by Bassanio, Gratiano,
and Antonio. The women feign indignation that their husbands lost their rings.
However, they soon end the game and confess their role in the court scene. The couples
are reconciled, and news arrives that Antonio's lost ships have returned safely to port,
bearing great riches.

1. Legal procedure:
- Contract – breach of contract is the case
- Two parties – plaintiff (Shylock) and defendant (Antonio)
- One in breach of contract
- Judge – duke
- Advocate – doctor of law Balthazar
- Interpretation of the contract
2. Contract law : The branch of civil law that deals with interpretation and
enforcement of contracts between two or more parties.
- Shylock and Antonio – enters a contract
- The contract has been mutually agreed upon
- A pound of flesh if Antonio fails to pay the 3000 ducats borrowed

- Can this contract be enforced?


- Contract must be for lawful purpose
- Taking a life as a part of contract is illegal
- Fundamental values must be upheld
- What is explicit obligation and implicit obligation in contract law?
o Can a pound of flesh be extracted without blood being shed?
- Venice – commerce and contract law
o Contract is sacrosanct
3. Legal justice v/s equitable relief / equity law
- Equity law: guiding ideas that improve statute law by overcoming the
limitations and strictness of strict legal standards (Francis Bacon’s
essay – need not follow the law by the letter, when there are other
recourses)
- Equity is also essential for protecting individual rights and reducing
the harshness of common law regulations
- “temper justice with mercy”
- Shylock’s insistence that his contract be fulfilled will result in injustice
- Portia (Balthazar) pleads with Shylock to show mercy
4. Portia’s repeated request for mercy emphasises legal precedence
- A precedent that will allow courts to temper strict laws with fairness
and justice
- Shylocks show of mercy or accepting Bassanio’s offer can set a
precedent
-
- Instead of strict adherence to an unjust contract; an equitable solution
that can be fair and just
- Precedence will instruct such situations in the future to temper justice
with mercy
- Portia as the young lawyer makes a note of the dangerous precedent
breaking the contract would set in Venice, a commercial centre, where
people who come from around the world, rely on the state to execute
their contracts when required
- “There is no power in Venice
Can alter a decree establishèd;
’Twill be recorded for a precedent
And many an error by the same example
Will rush into the state. It cannot be.” – while she utters the truth, she
makes Shylock think she sides with the untouchability of the contract –
sophistry
5. Agency law – Bassanio offers to pay / act on behalf of Antonio – an agent
authorized to act of behalf of the person
- Shylock must accept / without this, the agent is powerless to function
- It may not be a strict adherence to Law of Agency – still a valid
reference in the text

6. Legal interpretation / Interpreting the law – pound of flesh with no blood; no


more and no less
- Contracts and laws are for interpretation
7. Bias in the court – shylock the JEW and Antonio the CHRISTIAN
- Antisemitism
- Can law function well under such biased conditions
- Under such Obvious prejudices
- The order of conversion to Christianity! – how valid is this?
- Bacon – partiality becomes a deterrent to legal recourse
o Partiality is unbecoming of a judge
o For justice to function effectively everyone and everything
involved in the process of justice must be above reproach
o Is anyone above prejudices and bias in this scenario?
- Duke to Antonio: “…A stony adversary, an inhuman wretch,
Uncapable of pity, void and empty
From any dram of mercy.”
- Duke: “…call the Jew into the court.”
-
8. Sophistry – making seemingly logical arguments to deceive / fallacious
arguments to deceive
- Portia’s insistence that law is with Shylock
o “Why, this bond is forfeit,
And lawfully by this the Jew may claim
A pound of flesh, to be by him cut off
Nearest the merchant’s heart.”
o “Why, then, thus it is:
You must prepare your bosom for his knife—"
- Request to show mercy
- Take the money offered by Bassanio
- Deceived to deny all; then outplayed by Portia disguised as Balthazaar
- Property forfeited – he tries to take the life of a Venetian citizen
9. Rhetorical devices: can be powerful while trying to make a point and get the
interpreters to understand the gravity of the argument
- Metaphor – comparing mercy to “as the gentle rain from heaven” –
rain from heaven
- “And earthly power doth then show likest God’s
When mercy seasons justice.”
- Aphorism (general truths) – “It blesseth him that gives and him that
takes”
o Mercy blesses both the parties, one that shows mercy and the
one that receives mercy.
- Allusion: biblical allusion – Christian mercy, Christian charity
- Hyperbole: “mightier than the mightiest”
o Mercy is beyond the limits of this world and its kings
- It is divine
The identification of legal theories in literary text.

The legal theories used here may not be true but has been exaggerated and imagined
(artistic liberty) for dramatic effect.

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