Introduction The Framers of the Indian Constitution took as long as 2 years, 11 months and 18 days to draft the longest Written Constitution in the world. Resulting from several deliberations amongst numerous members of the Constituent Assembly, the final draft of the Constitution of India, 1950 was enacted on the 26th of January, 1949. The original Constitution consisted of 395 articles in 22 parts and 8 schedules. It was ultimately an amalgamation of the best features adopted from various constitutions across the globe. However, these features were delicately moderated to meet the needs and aspirations of Independent India. The most important feature of the Indian Constitution, from the perspective of her citizens, is Part III which deals with Fundamental Rights. This Part discusses the relationship of justice and fairness between the State and the citizens. It enhances the rights that all citizens, and in some cases non-citizens, are guaranteed protection against the State's ar...
Introduction
'Rationality' is an attribute of law and is visible when the law is enforced. Contracts between two or more parties are prevalent in society since before the 16th Century. The legal systems of the 16th and 21st Centuries vary according to the evolution of thought. 'The Merchant of Venice', set in the 16th Century, is an English play written by the infamous William Shakespeare. The play focuses on the enforceability of a contract between a Jewish money-lender, Shylock and a Christian merchant, Antonio, in a Venetian court of law. This article analyses the contract between the two concerned parties and focuses on the rationality of the same. It also compares the issues prevalent in the 16th Century and the present time.
Background of the Play
Antonio, a Christian merchant signs a contract with Shylock, a Jewish money-lender, in Venice. As per the contract, Antonio takes a loan of 3000 Ducats from Shylock and agrees to repay it to him within a specified time frame. The contract consists of a clause stating that if Antonio cannot repay the money within the specified time frame, then Shylock has the liberty to take one pound of flesh from Antonio's chest, near his heart. This clause is inserted in the contract by Shylock and Antonio agrees to the same. Antonio has taken this loan for Bassanio, his friend, who needs the money as he has to travel to Belmont to get married to the love of his life - Portia. After the marriage in Belmont, Antonio receives a letter informing him that his ships will not return to the port on time due to some emergency. As a result, Antonio cannot repay the loan to Shylock who then moves to court to enforce the contract. Despite being offered double the sum of money he lent Antonio, Shylock is firm on his decision of enforcing the clause mentioned in the contract and denies the 6000 Ducats presented to him. Balthazar (Portia disguised as a learned lawyer to hear Shylock's case), seemingly agrees with Shylock and allows him to enforce the said clause. However, there is one condition set by Balthazar: Shylock has to take only 1 pound of flesh from Antonio's body, nothing more, nothing less. Additionally, it was also ordered that the pound of flesh must be taken without shedding even a single drop of blood from his body. Shylock then agreed to take 6000 Ducats but it was too late for him to do so. He was punished for his mistake of not showing mercy on Antonio even after giving him multiple chances to do so.
Legalities Observed in the Play
The rationality of the condition put forth by Shylock in the contract:As of the 16th century, the conditions that were incorporated in the contracts did not have any limitations as per the law prevalent at the time. This was what made it possible for Shylock to insert a clause that, if enforced, would cost Antonio his life. Such life-threatening terms were legally enforceable in the court of law as a result of mutual consent by both parties to the contract. Enforcing a condition as one mentioned in the play was a normal practice of the courts at the time.
The contractual legalities have substantially changed in the 21st century. The Indian Contracts Act, 1872, for instance, is a legislation that lays down the constituents of a contract and the relevant legalities. As per Section 10 of this Act, a valid contract consists of an offer, acceptance, intention to create a legal relationship, lawful object and lawful consideration, capacity to contract and free consent. These components are universally recognised by the contract laws of all countries across the world. Thus, if an agreement lacks any of the above components, it shall be termed to be a 'void contract' and will not be enforceable in a court of law. 'Void' essentially means invalid or legally non-binding. If Shylock's contract were to be enforced in the present day, it would have been declared void. The reason for this would have been that it consisted of an unlawful consideration, i.e., taking a pound of flesh from an area near Antonio's heart. Since this could result in his death, it violates an individual's Fundamental Right to Life, which has also been guaranteed by Article 21 of the Indian Constitution. Under this provision, everyone is entitled to their life which cannot be taken away from them, except as per the procedure established by law. This is the reason why the condition cannot be termed as lawful consideration as per Section 10 of the Indian Contracts Act, 1872. The legal system today consists of laws which have been formulated by keeping in mind the rationality of the contracts and protection of parties against life-threatening considerations which would be eliminated as the contract would not be enforced legally.
The conflict between two religions:
The play is a reflection of the society of the 16th century. The religious tension between the Christians and the Jews prevalent at the time can also be observed through the characters of Shylock, a Jewish money-lender and Antonio, a Christian merchant. The two men hated each other primarily because the religions they belonged to were in conflict at the time. Shylock was forced to live within the Venetian Ghetto under the Decree of the Republic, which was largely Christian. This area was meant to restrict the physical, economic and cultural presence of the Jews, their faith and businesses. In this type of societal setting, Shylock was running his business of money lending. He used to charge interest over the lent amount through which he earned his living. Antonio, on the other hand, lent money to people without charging any interest. Due to this, the masses preferred taking loans from Antonio and Shylock's business was facing a downfall. This created a deeper drift between them, in addition to the Jewish Persecution, which was prevalent in the society. To add to the drift, Shylock's daughter Jessica runs away with Shylock's money to marry Lorenzo, a Christian. She does so because she knows that her father would not approve of the marriage. This deepens the hatred that Shylock has for Christians. The enmity between the two religions gave rise to the life-threatening condition of the contract by Shylock.
Conclusion
Literature is also a source of legal knowledge. Understanding the concepts of law through literature is a varied way of mastering the subjects. There are different timelines across which literature is disseminated. Literature is a reflection of society in the time that it is written. Thus, studying it from a legal perspective enables a lawyer to gain a fair knowledge of the prevalent legal systems of various centuries.
The Merchant of Venice is a play which is based on the legal concept of 'contracts'. The nature of contracts differs from situation to situation but the basic principles of the same remain constant. Through a comparison of the nature of contracts between the 16th and the 21st centuries, the importance of the basic principles can be highlighted.
Religious disputes were a matter of concern as mentioned in the play. It was due to the hatred between the two communities that the life-threatening clause was introduced in the contract. There were no limitations on the clauses that were put forth in the contract due to which such contracts were enforceable in a court of law. This system is contradictory to the legal system today which is based on offer, acceptance and lawful consideration. This piece of literature is a classic example of the legal system in the 16th century.
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