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Record W2527722782

The (Comic) Tragedy of Formalism in Shakespeare’s The Merchant of Venice

2006· article· en· W2527722782 on OpenAlexaffvenue
Josh Nisker

Bibliographic record

VenueDalhousie journal of legal studies · 2006
Typearticle
Languageen
FieldSocial Sciences
TopicLaw in Society and Culture
Canadian institutionsWestern University
Fundersnot available
KeywordsLawNatural lawComicsHypocrisyNatural (archaeology)ComedyEnglish lawLiteratureJurisprudenceSociologyPhilosophyHistoryPolitical scienceArt
DOInot available

Abstract

fetched live from OpenAlex

William Shakespeare’s The Merchant of Venice addresses various legal issues and themes, with perhaps none being so pronounced as the struggle between formal positivism and natural law. Ostensibly, The Merchant of Venice dramatizes the dangers of rigid adherence to formalism and the triumph of natural law through Portia’s legal defeat of Shylock. On a more profound level, Shakespeare’s portrayal of the Venetian trial scene raises grave concerns about the essential nature and manner of that defeat. While Portia is originally positioned as a sympathetic proponent of natural law, she is soon revealed as one of its grossest violators. Thus, the play ultimately functions as a cautionary exposé on the hypocrisy of power, the abuse of fair process, and the grim reality that the law may be exploited to malicious and unnatural ends. This paper begins by addressing the philosophical foundations of natural law, and the profound influence that natural law bore on English Renaissance writers. This is necessary to frame the next section of the paper, which explores the tension between natural law and positive law in The Merchant of Venice. Here it is argued that Shakespeare’s portrayal of natural law in the Act IV trial scene operates as a dramatic reflection of the English legal system and its inherent failings. The paper also contends that The Merchant of Venice dramatizes the emerging conflict between equity and common law in Shakespeare’s England. The final section highlights various abuses of natural justice within the play as further violations of natural law. Ultimately, The Merchant of Venice calls upon the audience to “judge the judge.” By exposing grave deficiencies in the English legal system (as expressed through the fictional Venetian system), the play obliges the audience to make a critical moral judgment on the proper administration of justice. As this paper submits, the audience must reach a moral and rational conclusion in accordance with natural law.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.002
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.051
Threshold uncertainty score0.102

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0010.002
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0060.016
Scholarly communication0.0050.002
Open science0.0000.002
Research integrity0.0010.003
Insufficient payload (model declined to judge)0.0030.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.030
GPT teacher head0.320
Teacher spread0.291 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2006
Admission routes2
Has abstractyes

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