Commenter “Lee Also” writes this:
I have always felt that, as doctors take the Hippocratic Oath when they receive their degree, Portia’s Speech should be administered to freshly minted JD’s as an oath:
“The quality of mercy is not strained;
It droppeth as the gentle rain from heaven
Upon the place beneath. It is twice blest;
It blesseth him that gives and him that takes…”
The rest of the speech can be found here. One of its themes is to pit mercy against the cry for justice, two strains in the law that continue to this day.
However, I don’t think it’s the answer. After all, the left is very big on mercy – for the left. What has happened in many cities across the land is the application of a very dichotomous standard of mercy: looters and rioters on the left, in particular if they are minorities, are given enormous benefit of mercy. For those on the right, in particular those involved in the Capitol incursion of January 6th, even if their only offense was trespassing? Why, throw the book at them because they deserve no mercy.
Mercy can be a tool just like anything else, and if it is applied differently to different groups, or if it’s applied to the exclusion of justice, that’s a huge problem.
But let’s take a look at Portia and “The Merchant of Venice,” shall we?
I don’t think I’ve ever read the entire play, but I’ve certainly read significant portions of it. What’s more, my introduction to it was through the route of an essay by newspaper columnist Harry Golden that I read as a youngster, in which he asserted that Shakespeare had a kind of double message in his play. I don’t have access to the entire Golden essay anymore, but I remember it well enough to recall this sort of thing from the essay:
Shakespeare gave his audience a play in which they could confirm their prejudices – but he did much more. Shakespeare was the first writer in seven hundred years who gave the Jew a “motive.” Why did he need to give the Jew a motive? Certainly his audience did not expect it. For centuries they had been brought up on the stereotype, “this is evil because it’s evil,” and here Shakespeare comes along and goes to so much “unnecessary” trouble giving Shylock a motive. At last – a motive!
Fair sir, you spit on me Wednesday last;
You spurned me such a day; another time
You called me dog.
Much more at the link, including this additional excerpt from Golden’s essay:
[Shakespeare] is actually writing a satire on the Gentile middle class and the pseudo-Christians, and he wastes no time. What does Antonio, this paragon of Christian virtue, say to this charge of Shylock’s? Does he turn the other cheek? Does he follow the teaching of Jesus to “love thine enemies?” Not by a long shot. This “noble” man replies to Shylock’s charge:
I am as like to call thee so again,
To spit on thee again, to spurn thee too.…And when it all goes against Shylock [at the end], Shakespeare seems to go out of his way to give us a frightening picture of the “victors.” He has them standing together pouring out a stream of vengeance. We’re not through with you yet Jew, and the money we have left you after you have paid all these fines, you must leave that to Jessica and your son-in-law who robbed you. Shakespeare keeps them hissing their hate. Tarry yet a while, Jew, we’re still not through with you. You must also become a Christian. The final irony. The gift of love offered in an atmosphere which is blue with hatred. And as all of this is going on, Shakespeare leaves only Shylock with a shred of dignity!
I pray you, give me leave to go from hence.
You may agree or disagree with that interpretation of the play, but there’s a lot to be said for it. I recall that Golden also pointed out that Shylock is given this speech:
SALARINO
Why, I am sure, if he forfeit, thou wilt not take
his flesh: what’s that good for?SHYLOCK
To bait fish withal: if it will feed nothing else,
it will feed my revenge. He hath disgraced me, and
hindered me half a million; laughed at my losses,
mocked at my gains, scorned my nation, thwarted my
bargains, cooled my friends, heated mine
enemies; and what’s his reason? I am a Jew. Hath
not a Jew eyes? hath not a Jew hands, organs,
dimensions, senses, affections, passions? fed with
the same food, hurt with the same weapons, subject
to the same diseases, healed by the same means,
warmed and cooled by the same winter and summer, as
a Christian is? If you prick us, do we not bleed?
if you tickle us, do we not laugh? if you poison
us, do we not die? and if you wrong us, shall we not
revenge? If we are like you in the rest, we will
resemble you in that. If a Jew wrong a Christian,
what is his humility? Revenge. If a Christian
wrong a Jew, what should his sufferance be by
Christian example? Why, revenge. The villany you
teach me, I will execute, and it shall go hard but I
will better the instruction.
[NOTE: Robert Frost saw the mercy vs. justice problem long ago and had this to say. It’s well worth reading.]




