In The Merchant of Venice, Shylock and Antonio’s contract brings about a crisis that the legal system of Renaissance Venice is not set up to address. If the contract is deemed valid, then the act of murder will be permitted by the government. On the other hand, violating the contract could hinder Venice’s law-abiding reputation and steady economy. The prominence of contracts at the time forces the legal system to draw a line, a line that 16th century law officials are not equipped to establish. As a lawyer in disguise, Portia attempts to remedy the law through using the contract’s ambiguity in Antonio’s favor.
Shylock’s fate proves that Portia’s efforts to mend this legal crisis ultimately perpetuate another, bigger injustice—the mistreatment of minorities in the legal system. The contract is formed in Act I, Scene III, soon after Bassanio asks Shylock, the Jewish moneylender, for 3,000 ducats in order to woo his love interest. Bassanio asserts “Antonio shall be bound”. Being that Antonio is the man responsible for reimbursing him, Shylock requests to speak with him. His willingness to meet with Antonio and make a contract is based in his pursuit for respect in a predominantly Christian business community; he wants to level the playing field for himself. After Antonio enters, Shylock asserts, “I hate him for he is a Christian” (Act I, Scene III).
The conflict between Antonio and Shylock becomes even more apparent when Shylock says, “You call me misbeliever, cutthroat dog, and spet upon my Jewish gaberdine— and all for use of that which is mine own” (Act I, Scene III). Living in a town dominated by upper-class Christian men, Shylock is constantly alienated for being a “Jew”. Well aware of the fact that Antonio and Bassanio are exploiting him for his money, Shylock makes up a ridiculous contract,“…If you repay me not on such a day…let the forfeit be nominated for an equal pound of your fair flesh, to be cut off and taken in which part of your body pleaseth me” (Act I, Scene III). Antonio responding with “I’ll seal to such a bond” solidifies the contract and foreshadows the later crisis at hand. (Act I, Scene III).
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Antonio’s trial in Act IV, Scene I proves that the ambiguity of the written word can go in either direction; the direction depends on the status of the defendant. Shylock believes that the law is on his side, for he says “If you deny me, fie upon your law—There is no force in the decrees of Venice” (Act IV, Scene I). A contract entailing the death of a seemingly innocent Venetian citizen is beyond problematic for a 16th century legal system, and Shylock’s unwillingness to compromise only makes things more difficult. When Portia reinterprets the written word in order to spare Antonio’s life, she also spares the legal system. She points out, “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 doust shed one drop of Christian blood, thy lands and goods are by the laws of Venice confiscate unto the state of Venice” (Act IV, Scene III).
At first glance, Portia finding a hole in the contract and digging deeper seems to perfectly rectify this legal dilemma. The outcome, however, perpetuates an entirely different legal crisis, which is the injustice of minorities like Shylock. Portia says “Wait a minute, Jew. The law has another hold on you. The laws of Venice state that if a foreign resident directly or indirectly attempts to kill any citizen, the person he tried to kill will receive one half of the foreigner’s goods. The other half goes to the state” (Act IV, Scene I). Portia continues, “Whether the offending person lives or dies is up to the duke—there’s no one else to appeal to. In your predicament you’ve earned that punishment, because you’ve clearly contrived—indirectly—and directly too—to take the life of the defendant. So get down on your knees and beg mercy from the duke” (Act IV, Scene I).
Following this, Antonio is given the authority to determine Shylock’s punishment. Demanding that he become Christian on top of everything else is exemplary of the religious persecution Shylock faces throughout the play. Antonio and Bassanio use Shylock for his money, humiliate him in court, and chastise him for his religion. Forcing him to convert to Christianity not only prevents him from being able to practice his faith, but also from making a living. Portia’s solution leaves Shylock with nothing, not even his own faith or his own daughter, while everyone else rejoices in Antonio’s victory. For the entirety of the play, Shylock is referred to as “the Jew”.
In Act IV, Scene I, the Duke explicitly says, “Go one, and call the Jew into the court”. By identifying him as “the Jew”, the Duke is singling out his heritage, and the fact that nobody is aghast at such a statement sets Shylock on a path that almost guarantees injustice. Aside from being Jewish, he is known to be bitter, malicious, and greedy. Shylock is a product of his social upbringings; his anger and flawed character is probably a result of the injustices he’s faced his entire life simply because of his heritage. During an aside in Act I, Scene III, Shylock says “If I can catch him once upon the hip, I will feed fat the ancient grudge I bear him”. He takes a risk in hopes of getting the upper hand just to find himself once again at the back of the bus.
Minorities like Shylock are far too often used as remedies for improprieties in the legal system, for targeting them is convenient because it tends to be accepted by the general consciousness. The preconceived notions of the collective provide comfort in making a decision that might not be accepted otherwise; thus, making it easier for Portia to remedy the crisis at hand. Shylock’s situation is an example of how difficult it is for the minority to gain the respect of the majority in a prejudicial social consciousness, how minorities are far too often pushed to
