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Benefits to alternative dispute resolution
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Shakespearean literature has been long commended by scholars for its incorporation of legal discourse into its plot structures that further paves way for interdisciplinary study of law. Practically all of Shakespearean texts are known to have tangential relation and relevance to legal practice but plays like “Merchant of Venice” have scenes that do not only depict a courtroom trial but also shed light on some key aspects and methods of dispute resolution that are arbitration, conciliation, negotiations and mediation.
“The merchant of Venice” is not only appreciated by literary enthusiasts but it has also generated great interest in Lawyers more than any other Shakespearean text, sparking profound commentary on the legal facets that are assessed academically. Before delving deep in to the legal themes entailed in the play, the substance of the prose will examine the definition of the term “Alternative Dispute Resolution” or ADR. Alternative Dispute Resolution refers to a repertoire of mechanism that can substitute court trials and largely entail discussions between the disputant parties.
These methods are also referred to as “out of court settlements”, whereby the parties involved in the dispute are encouraged to negotiate and find a solution to resolve their dispute. The ADR system is subdivided into the following categories that are negotiation, mediation and arbitration. The process of negotiation consists of dialogues between the disputant parties whereas, “arbitration” and “mediation” require the involvement of a third party to act as a mediator or conciliator in order to find a solution and make unbiased judgment in the matter. It is important to understand that the decisions in a dispute are non-binding if they are made t...
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... it is discussed earlier, the prior relationships of the disputant parties is both economic and social, which were intensified due to the bond between the two parties. Despite the legal nature of their case, mediation could have provided a valid resolution to the dispute as this process of dispute resolution assesses the situation beyond the officially authorized frame of justice, which in many ways fell short of providing a verdict that as fitting for the involved parties. It was also pointed by Prof. Carrie Menkel Meadow in her article titled “women as lawyers” used Portia as an epitome to demonstrate the fact that her participation in the trial was similar to that of an “advocate” than a “mediator”.
From an advocate’s perspective, Portia’s arguments were strong and she did a commendable job in not only saving Antonio’s life but also brought ruin to Shylock.
Undoubtedly Artemisia made a big effort to rehabilitate from the story of the rape through a combined marriage, but especially through her career. Unfortunately, the episode clouded part of the artistic achievements of Artemisia, who was long considered a “curiosity...
The tension implied in the insistence to bind the definitions of justice, mercy, and equity in Elizabethan texts suggests that behind their representation there is more at stake than a conceptual problem. Elizabethan conceptions of ideal justice politicize their representations in order to justify the prevailing monarchy. Spenser and Shakespeare offer their own version of the nature of justice through female characters, Mercilla in Book V of The Faerie Queen and Portia in The Merchant of Venice. However the textualization of these categories works differently. For Spenser, justice relates itself to a divine ordering of the world, which connects his work with Elizabeth I, God's instrument on Earth. In the case of MV, law in the form of contracts and bonds, substitutes any divine mediation in the legal process, thus displaying, even though briefly, the artificial nature of justice.
West, Rebecca. “A Court and World Infected by the Disease of Corruption.” Readings on Hamlet. Ed. Don Nardo. San Diego: Greenhaven Press, 1999. Rpt. from The Court and the Castle. New Haven, CT: Yale University Press, 1957.
West, Rebecca. “A Court and World Infected by the Disease of Corruption.” Readings on Hamlet. Ed. Don Nardo. San Diego: Greenhaven Press, 1999. Rpt. from The Court and the Castle. New Haven, CT: Yale University Press, 1957.
Goldman, Michael. "Hamlet and Our Problems." Critical Essays on Shakespeare's Hamlet. Ed. David Scott Kaston. New York City: Prentice Hall International. 1995. 43-55
His love for Portia blinds him of the fact that possessions do not always bring others close to you. Later, this decline in moral values is seen when Portia pretends to like the Prince of Morocco, one of her suitors, by inviting him to dinner, but later reveals her true opinion of him after he chooses the golden casket. Once the Prince of Morocco leaves Portia's house, after picking the wrong casket, Portia expresses her feelings concerning the outcome, "A gentle riddance. Draw the curtains : go. / Let all of his complexion choose me so," (II.vii.78-79). Portia's hope that anyone with the prince's dark colour chooses the wrong casket shows her low morals in that she does not want to marry any of them. Through deceiving the prince, Portia's displays her prejudice towards the prince's race. These examples show how deception, as seen through love, leads to a decline in the moral values of
The trial was used to paint Abina as a complainer since there were other young girls who worked for Quamina Eddoo who did not report him or his sister. Another way Abina’s was silenced was the fact that her perspective was not recorded. Even though the court case was documented by an observer in the court, Abina’s personal narrative was not. It is probable to assume that Abina was illiterate since she was a slave from a young age and would not have been provided the opportunity of education. Due to this fact, the audience is unaware if the represented story of Abina is an accurate depiction of her story. The documented court hearing provides the reader with a strong sense of who the powerful men are in the room since the dialog was dominated by the men. Another reason why Abina’s story was quieted was because of her
The ideological construct of justice is a salient theme in both Susan Glaspell’s Trifles and Sophocles’ Antigone. Both plays depend on a struggle between what is legally correct and what is morally acceptable to further the conflict present in both plots. But justice is a malleable term - its meanings are so varied that a universal definition is impossible. When a word loses clear definition, it loses its usefulness. Both Trifles and Antigone provide perfect illustrations of how English is mutating beyond the idea of justice as a useful linguistic construct.
Meron, Theodor. “Crimes and Accountability in Shakespeare.” The American Journal of International Law. 92.1 (Jan.,1998): 1-40. JSTOR. Web. 24 Nov. 2013.
West, Rebecca. “A Court and World Infected by the Disease of Corruption.” Readings on Hamlet. Ed. Don Nardo. San Diego: Greenhaven Press, 1999. Rpt. from The Court and the Castle. New Haven, CT: Yale University Press, 1957.
West, Rebecca. "A Court and World Infected by the Disease of Corruption." Readings on Hamlet. Ed. Don Nardo. San Diego: Greenhaven Press, 1999. Rpt. from The Court and the Castle. New Haven, CT: Yale University Press, 1957.
Words alone are not the only means by which imposters operate. A far more effective mode is one that fools the eye for it cannot pierce through the surface. Portia, the new wife of Antonio's friend, dresses as a lawyer in order to deceive the court. However, unlike Shylock's motive, Portia's intent is far more noble and selfless. She manipulates the law in such a way to save Antonio from certain death by the hand of Shylock. Through the eyes of the law, the imposture of a lawyer, especially by a woman at that time, was seen as extremely illicit.
Upon an initial examination of William Shakespeare’s play, The Merchant of Venice, a reader is provided with superficial details regarding the moral dilemmas embedded in the text. Further analysis allows a reader to recognize the multi-faceted issues each character faces as an individual in response to his or her surroundings and/or situations. Nevertheless, the subtle yet vital motif of music is ingrained in the play in order to offer a unique approach to understanding the plot and its relationship with the characters. Whether the appearance of music be an actual song or an allusion to music in a mythological or social context, the world of Venice and Belmont that Shakespeare was writing about was teeming with music. The acceptance or denunciation
8[8] Turner, John, "Hamlet: The Court in Transition". University College of Swansea, Shakespearean Criticism, Volume 16, Yearbook 1990, p. 253.
Alternative Dispute Resolution (ADR) involves dispute resolution processes and techniques that fall outside of the government judicial process. There has been moves against ADR in the past by entities of many political parties and their associates, despite this, ADR has gained inclusive acceptance among both the broad community and the legal profession in past years. In fact, many courts now entail some parties to remedy to ADR of some type, usually mediation, before allowing the parties' cases to be tried. The increasing attractiveness of ADR can be clarified by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to obtain larger control over the selection of the individual or individuals who will decide their dispute.