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Balancing of justice and retribution

by Simon Longstaff

In Shakespeare's play, The Merchant of Venice, Shylock seeks what he claims to be ‘justice’. What are we to make of his absolute insistence on the application of the strict letter of the Law and his desire for retribution

It will be recalled that the central plot-line involves a deal in which Antonio, acting as a guarantor for his young friend Bassanio, signs a bond securing a loan from Shylock. The penalty for failing to redeem the bond is that Shylock be able to cut a pound of flesh from Antonio at the place nearest his heart. As things turn out, the bond is forfeited and Shylock seeks to execute its provisions. The background to this callous decision is one in which Shylock feels himself to have been insulted, robbed and in other ways gravely wronged.

So, Shylock has been harmed by the actions of the ostensibly rich and powerful who have looked down on and spurned him. He is thus after retribution and having sworn an oath that he will make his persecutors pay, he cannot believe his luck when the fate of Antonio falls into his hands.

A court is formed to give judgement in the case of Shylock v Antonio. It is put to Shylock that he ought to show mercy and accept monetary compensation instead of the pound of flesh. Shylock refuses saying:

My deeds upon my head! I crave the law, the penalty and the forfeit of my bond.

In any case, Shylock gets judgement and is about to proceed to cut the flesh when Portia tells him to be sure that he cuts only the exact amount and to do so without shedding one drop of blood. Shylock is obviously unable to comply and eventually loses everything.

Now, some might argue that this is a case for more precise drafting in legal documents. However, there may be more telling points that reflect on the subject of corporate regulation and the community's response to the 'excesses of the '80s'. The first of these is that it may be counterproductive for the injured party to concentrate on the strict letter of the Law. The second is that a desire for retribution may lead to the frustration of an outcome that is just for all concerned.

It may be drawing a long-ish bow; however, Shylock's approach sees him lose everything. This is a bad outcome for him. But it is also a bad outcome for those who would see justice prevail because Antonio and Bassanio walk away without any penalty being imposed on them for their failure to honour their bond (although to be fair to them, they did attempt to offer Shylock financial recompense).

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