Lincoln and Shakespeare

[Eva Elisabeth]

I wonder if Lincoln had ever read Shakespeare's "Merchant of Venice"? It's is an example par excellence for smart legal argumentation and interpretation.

A brief (incomplete) summary for those not familiar with the play: Antonio (a Venetian merchant)'s friend Bassanio is desperately in need of money to appropriately court Portia. Antonio is unable to loan his friend money himself because his own money is all invested in a number of trade ships that are still at sea, but suggests that Bassanio secure the loan from Shylock, a Jewish moneylender, and name Antonio as the loan’s guarantor. Shylock nurses a long-standing grudge against Antonio, who has made a habit of berating Shylock and other Jews for exactly their practice of loaning money at exorbitant rates of interest, and who undermines their business by offering interest-free loans. Although Antonio refuses to apologize for his behavior, Shylock acts agreeably and offers to lend Bassanio three thousand ducats with no interest. Shylock adds, however, that should the loan go unpaid, Shylock will be entitled to a pound of Antonio’s own flesh. Despite Bassanio’s warnings, Antonio agrees. Soon Shylock rejoices in the fact that Antonio’s ships are rumored to have been wrecked and claims his debt. He ignores the many pleas to spare Antonio’s life, and a trial is called to decide the matter.

The duke of Venice, who presides over the trial, announces that he has sent for a legal expert, who turns out to be Portia disguised as a young man of law. Portia asks Shylock to show mercy, but he remains inflexible and insists the pound of flesh is rightfully his. Bassanio offers Shylock twice the money due him, but Shylock insists on collecting the bond as it is written. Portia examines the contract and, finding it legally binding, declares that Shylock is entitled to the merchant’s flesh. Shylock ecstatically praises her wisdom, but as he is on the verge of collecting his due, Portia reminds him that he must do so without causing Antonio to bleed, as the contract does not entitle him to any blood. Trapped by this logic, Shylock hastily agrees to take Bassanio’s money instead, but Portia insists that Shylock take his bond as written, or nothing at all. Portia informs Shylock that he is guilty of conspiring against the life of a Venetian citizen, which means he must turn over half of his property to the state and the other half to Antonio. The duke spares Shylock’s life and takes a fine instead of Shylock’s property.


(JWB performed as Shylock several times with great success and reviews.,e.g. on March 11, 1861 in Albany he "identifies himself with [the] character in a forcible and artistic manner".)

A decade ago there was a great movie made of the play, with Al Pachino starring as Shylock:
http://m.youtube.com/watch?v=gtYGzr8Nx-8