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Are people naturally destructive, immoral, predatory and self-seeking, only to be kept in order by harsh laws and fiercely deterrent mandatory sentences? Or are men and women naturally orderly, merciful, humane and bred with a need for justice and mutual aid? Of course these qualities, or defects, are not evenly distributed, and undoubtedly there is much of each in all of us, but when it comes to the law some sort of distinction can be drawn. Are you a Shylock or a Bassanio?
Shylock pinned his faith on the words in the contract, the nature of his bond and the duty of the state to uphold the letter of the law regardless of human suffering. Bassanio put another point of view. More important than the sanctity of the law was the plight of the individual parties in the particular case. (en) |
