Legal plea by Shylock’s Legal Representative
Honorable Doge, Honorable Senators!
Firstly, I would like to thank you the Honorable Doge and the Honorable
Council for their
attention. During my closing remarks, I will demonstrate that
today’s trial should not be considered complicated, even though the defense
council of Mr.Antonio dedicated great effort to convince the Honorable Doge
about the non-existent complicating aspects. Based on the legal code of Venice,
all we need to focus on today is a simple question: What are the implications
of a contract and should both parties abide by the obligations they previously
agreed upon?
Today, we are dealing with an immensely strange case when we consider
its subject and its implications. Furthermore, the extraordinary aspects are
even more relevant when we consider the fact that the Honorable Doge granted
the right to the defense council to share his closing remarks before the same
right was granted to the prosecution, represented by me. This completely goes
against the general procedure of a trial, then again, today’s case is no short
of surprises.
There is no doubt that Mr.Shylock’s lawyer gave an impressive speech
today at court. Nevertheless, a verdict should be reached in this courtroom
based on the sacred laws of Venice, and we should not allow ourselves to be
influenced by the rhetoric of a lawyer.
I would like to ask the Honorable Doge and the Honorable Justices not to
allow their attention to shift away from the simple fact that is in fact the
essence of today’s trial.
We should concentrate on the following question: What are the relevant
aspects of the case? What are the bearings of the trial that should be
investigated by the court?
These are the crucial factors that should be focused on and we must
leave emotions out of these sacred halls.
Throughout my closing remarks I would like to highlight one significant
aspect that was also fully acknowledged and supported by the lawyer of Antonio.
I will not refer to this later on, because it is clearly obvious. This basic
legal term, that you should decide upon today, is “legal obligation”. A legal
obligation, that was fully acknowledged and signed by both parties in the
contract without any external force.
My client, Shylock, is a trustworthy
Venetian citizen who abides by the law and considers it sacred. As a banker, he
formulated and signed hundreds of contracts with other honorable Venetians, and
these were similar in spirit to the contract that is at stake today. In all
previous cases, both parties kept their words and successfully accomplished all
their legal obligations. Shylock gave financial support to plenty of our fellow
citizens when their lives were in a dark and desperate alley. Shylock was the
person who gave aid to these people, and through his involvement hundreds of
lives gained back decency and buoyancy. Our world has globalized and fastened
in pace, and people who are not strong enough in today’s economy will sooner or
later face hardships. When the desperate Venetian needs to battle these
hardships, my client comes and offers a helping hand, no matter if the person
is a woman, man, business-owner, or a simple sailor. If the person runs out of
solutions, Shylock even risks his own wealth to help the particular individual,
because he believes that according to the law, all obligations in a contract
should be fulfilled. He knows that all Venetian citizens share this idea,
because our economy operates based on these principles, and the Venetian legal
code serves as a protection to all interests. Certainly, Shylock excepts to
receive compensation for his service, therefore he always earns a minimum extra
income based on the interest rate that the other party agrees to pay for him
within the boundaries of a pre-determined deadline. Shylock does not force
anyone to sign his contracts, all parties agree to these terms and conditions
according to their own will. They are all in full comprehension of their
obligations and sign the contract following a great deal of balancing and
consideration. Everyone is in full comprehension of their rights when the
signature appears on the contracts. By signing the declarations, the parties
become automatically bound by all the terms and obligations. Our society
operates in a similar manner, the citizens and the state declare a social
contract between each other and agree upon all of its conditions. Bankers and
businessmen, like Shylock, greatly contribute to the might of our economy. If
anyone could freely breach the terms of a contract, what would be the
consequences of such an irresponsible action? Our economy, our society, our trade
relations and the entire Venetian political system would all deteriorate. I
know that living up to our commitment in a contract can be difficult sometimes,
but if someone tries to ignore his or her obligations that bound that person
then the fragile balance and harmony in which we live in will break. This is
unacceptable and unfortunately today’s trial is based on such a repugnant
behavior.
Why are we standing in front of the Honorable Doge and the wise Justices
today? I believe that there is a simple answer to this rhetorical question. We
are here because Antonio failed to pay back the amount that he borrowed from my
client. Out of recklessness or irresponsibility he took advantage Shylock’s
sincerity and good will. The deadline has passed and the defendant could not
fulfill his legal obligations.
Does the contract grant augmentation? Has Antonio considered to include such
a condition regarding the deadline when he discussed the conditions with my
client? Has Antonio thought about any condition that is not formulated in the
contract? The answer is certainly impugning. Antonio did not care about any
future obligation, he only cared about receiving the money.
Long after Shylock transferred the money to him, Antonio tried include
amendments to the conditions, but my client was not in a bargaining position
anymore. If Antonio would have proposed similar conditions prior to the
contract, then my client could have decided to deny the signature. The basis of
social rights is the balance of services and counter-services, and Antonio
agreed to the terms that referred to the failure of his counter-service.
Therefore, both parties agreed to the sanctions proposed in the contract.
Pacta sund servanda- this was mentioned by the representative of
Antonio. Indeed, the contract is binding. There is nothing more important in
this legal quarrel then the previous expression and everyone should accept this
as a fact.
It is true that Antonio managed to get the entire fee he owes to
Shylock, but the contract contained a clear deadline, that both parties agreed
upon. On the deadline day Shylock received nothing, even though he lent the
money from his own savings that he earned with hard work. I would like to
highlight the fact that there were no other bankers who offered help to
Antonio, except for my client.
It is indeed unfortunate that Antonio’s ships failed to arrive back and
so he could not receive the income from which he supports himself and from
which he could have paid back the money he owes to my client. But it is also as
unfortunate, that Shylock’s hands remained empty, as he hoped that the other
party will fulfill his obligations. Shylock deserves the right to impose the
sanction proposed in the contract.
My client is also a trustworthy Venetian citizen, furthermore he is a
family man, raising his daughter Jessica. Why should Shylock and Jessica suffer
from Antonio’s miscalculation and breach of the contract? Why should we
consider Antonio’s misfortune more important, if my client endured a lesion
similar in extent?
The lawyer of the other party, in his closing remarks, clearly aimed to
influence the conscience of the Honorable Doge, and to be honest he spoke with
such a commitment that also my conscience could not remain intact. He
highlighted that Antonio turned to Shylock in order to help out his friend,
Bassanio. This man is the chief-witness of the defense. But what could he
testify? Nothing, because he was not present when the contract was signed. His
confession is based on secondary information therefore, his testimony should be
excluded from the list of evidences.
The legal bearing is the contract and the conditions, rights and
obligations that it contains. These are the only evidences that could aid a
verdict. Further evidence includes the testimony of the two parties, who both
agree upon the validity of the contract. Neither Antonio, nor his lawyer have
proposed that Shylock influenced Antonio’s decision-making when he signed the
contract.
The defense’s main argument supported the fact the breach of the contract
is a smaller crime then the crime that would occur if the sanction of contract
would be implemented. However, the legal code of Venice does not differentiate
between laws. All laws are eternal, saint and invulnerable. Our constitution
clearly protects the freedom and power of all contracts, and the conditions are
bonding to all Venetian citizens who decide to sign them.
Let us investigate the bearings of the legal case: Antonio signed a
contract by his own will, without any external influence, and he fully
comprehended all of its terms and conditions. He read through the document and
agreed to all the obligations. He was aware of the fact that if he would not be
able to pay back the money, then the sanction grants the right to my client to
cut out one pound of flesh from Antonio’s body. Antonio is a capable adult with
clear mental health, and as a Venetian citizen he should have known that if he
signs a contract, then all of the obligations in it will become binding.
Shylock fulfilled all of his legal obligations, therefore he rightfully expects
the other party to live up to its commitment.
Was there a completion by Antonio? Clearly, there was not. The balance
of the service and counter-service was violated, so the balance should be
replaced by carrying out the sanction proposed in the contract.
Antonio granted the right to Shylock to cut out one pound of flesh from
his body, and now he would ignore his previous action? This behavior is a
breach of the contract, so there is no need for further clarification. In
today’s case, it is a legal fact, and it should not be ignored.
Antonio was fully aware of the fact that one pound of flesh cannot be
taken without spilling his blood, therefore he allowed Shylock to spill his
blood, thereby completing the contract. By referring to the excuse that
Antionio’s will does not involve his blood to be spilled is too late, this
should have been added to the contract by him. This is the third legal fact
that the Honorable Court should consider today.
It can be clearly inferred from today’s closing remarks that Antonio has
committed a crime when he failed to repay the borrowed amount of money in time.
Throughout my speech, I have highlighted a number of evidences to strengthen to
aforementioned claim. Going further, I would like to note that Antonio has
committed another crime, preceding the moment he signed the contract. Please
pay careful attention to the upcoming reasoning that supports my previous
claim. The fact that Antonio lacked the motive and commitment to fulfill his
legal obligations proposed in the contract is in itself a crime. Every detail
of the case- that were used by the legal representative of Antonio as a tactic
to obscure Antonio’s responsibility- was fully comprehended by the sailor right
before he signed the contract. A contract that was signed by him accordingly to
his own free will. Antonio must have been completely aware of the fact that one
pound of flesh cannot be removed from a living body without the spilling of
blood. Therefore, Antonio must have known that the legal obligations that he
promised to fulfill, will be in fact ignored by him in the future. He knew that
in the scenario of a potential trial, he will try to hide under the prohibition
of blood-spill.
What does all this mean? It means that Antonio accepted the money with
the belief that nothing could enforce him to repay the amount. All things
considered, Antonio’s crime of failing to repay the amount in time is not the
only one he committed. He is also guilty because he deceived and mislead my
client, and took Shylock’s money with a false and beguiling motive.
Let me highlight once again the fact, that Antonio had no intent
whatsoever to repay the money to Shylock, even though he falsely promised to do
so.
There was a lot of discussion today about the sacred rights of the
Venetian citizens and about their equality before the court. If Shylock’s right
is denied today, that is he will not be allowed to cut one pound of flesh from
Antonio’s body, then not only the contract and the rights of my client will be
violated, but Venice’s legal code will be nullified. Where will be the frontier
of trespassing our sacred laws? What is today the nullification of a binding
contract, that could evolve into a much greater evil in the future. Our
centuries long constitution would be diminished in a short period of time, if
the Honorable Council and the Honorable Doge decides to ignore the right of a
Venetian citizen, the right of Shylock today.
I trust in the wisdom of the Honorable Doge and the Honorable Justices!
I believe in the power of all binding contracts. I hope that the wise verdict
that will be announced later today, will replace the social balance that was
highly violated by Antonio.
God bless Venice!!!