《威尼斯商人》的法律解读

A Legal Interpretation of The Merchant of Venice

莎士比亚名剧《威尼斯商人》不但是一部文学巨著,也反映了很多法律问题,体现了当时威尼斯人法律至上、契约等同于法律必须遵守的信条的社会现实。同时,一些法律规定并不公正,对"威尼斯公民"和"异教徒"在权利与义务方面区别对待。导致安东尼奥和夏洛克之间的一磅肉契约无法履行的根本原因在于违背了公序良俗和社会正义。

Shakespeare＇s notable drama The Merchant of Venice is not only a great work of literature,but reflects many legal questions as well. The drama reveals the Venetians＇ doctrines that the law is supreme and a contract has the same legal position as the law and therefore must be abided by. Meanwhile,in Venetians＇ times,not all the legal provisions were just. Venetian citizens and pagans were treated differently in their rights and obligations. The fundamental reason why the one-pound flesh contract signed between Shylock and Antonio couldn＇t be carried out is that the contract was against the principle of the public order and kind custom. It does not follow the principle of procedural justice in today＇s view,either.