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Comment On The Phenomenon Of Law In The Merchant Of Venice

Posted on:2016-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:L H ZhaoFull Text:PDF
GTID:2285330461952729Subject:Law
Abstract/Summary:PDF Full Text Request
“Law and literature”as a cross discipline, with its unique charm has attracted many scholars at home and abroad to study diligently. Literature can reflect people’s legal concept, legal system and legal practice, through literature analysis law phenomenon in different times, the law of the combination of rationality and sensibility of literature will have important meaning to the real life. Based on Shakespeare’s the merchant of Venice text, about the legal concept, legal system and legal practice, a comprehensive analysis of contract law of the late medieval culture, the right to legal concepts, such as freedom and human rights thought. This paper is divided into four parts: the first part, mainly addresses the legal cultural background of the merchant of Venice, through interpretation of the Renaissance, humanism ideological trend, reveal the view of law at the time, moral values.The second part, in order to right as the center, to reveal the law is supreme concept,analysis of the distribution and security rights and moral rights and legal rights. Venice city gave birth to the law is supreme idea, from the city of Venice special background, the protagonist’s dialogue and legal debate of the parties in the trial, legal interpretation analysis to evaluate the time of the contract culture. Law is supreme is the rule of law society’s basic principles, important characteristics, the law is supreme concept to get abide by, people have to believe in law, religion, and to establish the authority of law is a country under the rule of law goal, therefore, to establish the authority of law, cultivate people’s legal idea has very important significance. The third part, with free as the breakthrough point, an overview of the concept of freedom, the analysis of “a pound of flesh”contract and contract freedom. With the high development of commodity economy, the medieval Roman law began to Renaissance, Roman jus gentium into a form of contract, contract freedom idea thorough popular feeling, freedom of contract become the basic principles of modern contract law, laid the foundation for the development of capitalism. The fourth part,reveals the theoretical basis of natural law is the human rights thought, the Renaissance humanists advocate people-oriented, pay attention to people’s free development, respect for human rights. Human rights as a progressive ideological trend, to the time of the social politics, law, literature and the thoughts of great influence, is a natural right of human rights, is the people’s rights as a man should be.
Keywords/Search Tags:the middle ages, Rights, Free, Human rights
PDF Full Text Request
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