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Corrective Justice In A Nutshell Analysis

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This is explained very systematically in Professor Ernest Weinrib’s “Corrective justice in a nutshell”. According to professor Weinrib there are two ways in which justice prevails; one is corrective and the other being distributive. Corrective justice is based on restoration of equality. As explained by Aristotle, he likens the parties ' initial positions to two equal lines. The injustice upsets that equality by adding to one line a segment detached from the other. The correction removes that segment from the lengthened line and returns it to the shortened one. The result is a restoration of the original equality of the two lines. Corrective justice is on an individual transaction level, if one party gains by causing a loss to another in an illegitimate way, corrective justice rectifies it by restoring that gain to the losing party. This can be explained in a very simple way through this example: suppose A is playing cricket in the parking lot where B’s car is parked and A takes a shot causing damage to B’s car worth 5000 rupees, B happening to be present at the sight confronts A for the loss he has incurred. To “restore the equality” A decides to pay B rupees 5000 thereby, relieving B’s loss. This is a very simple example to explain corrective …show more content…

In The Merchant of Venice there is a contract signed between the famous merchant Antonio and the Jewish moneylender Shylock. Shylock lends Antonio money without interest on one condition that if he fails to repay he will have to give shylock a pound of his flesh from where he desires. This contract according to me is immoral and should not be legally validated. Shylock being an arch rival of Antonio decides to enter into a contract with Antonio to settle scores with him. This shows his bad intentions. Shylock very well knew Antonio’s weak financial conditions and need for money, hence taking undue advantage of the same he frames inhuman conditions in the contract knowing that they would be accepted. This shows the freeness of the consent, also the conditions to this contract were totally irrelevant. It talks about giving away a pound of flesh in case money is not returned; indeed this could lead to death. Such conditions are not only inhumane but also irrelevant as it would not monetarily restore the losing party. Hence this contract is immoral on all

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When Shylock is first introduced, his first words are “Three thousand ducats; well” (1.3.326). First impressions are everything, and the first impression the audience receives of Shylock is that he is money driven. The Elizabethan audience would have recognized Shylock as a Jew immediately because of the red hat that was required to be worn by all Jews. As Shylock’s introductory scene continues, we learn that he has been called names for his religious beliefs and been spat upon by Antonio because he is Jewish (1.3.438-39). Antonio responds to these accusations by admitting to them, and even acknowledging that he will likely do those things again because of Shylock’s religion (1.3.456-57).

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Shylock made a deal to where if the money that he loans Antonio didnt get back to his possession in time that instead of paying a higher interest he has proposed the idea that antonio would have to pay him with a pound of Antonio’s own flesh. Antonio, confident in his money being back in time makes the deal. This proposed idea by Shylock is nothing but his own grief towards Antonio and seeing the advantage of the deal to harm him and possibly take his life outweighs his need for money. This oddly particular deal shows that shylock is stubborn and has no mercy for Antonio and will do what he needs to do to get revenge on antonio for treating him so poorly for his whole life. Shylock can be seen as the villian in this situation

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The bond between Shylock and Antonio is a concern because Shylock is asking for a pound of human flesh off of Antonio’s body which most likely would kill Antonio. Shylock undoubtedly knows that taking a pound of human flesh off of a person will kill them so essentially Shylock wants Antonio’s life at the cost of three thousand ducats, which is about half a million in US dollars today. If someone today was to pay half a million dollars in other to kill another person, you could assume that the target was wealth or politically powerful. Antonio does not fit those description because he is a typical christian who is in love.

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