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In The Merchant of Venice, a malicious contract (demanding the famous pound of flesh) is itself viewed as a criminal act worthy of punishment. If this is the ki

In The Merchant of Venice, a malicious contract (demanding the famous pound of flesh) is itself viewed as a criminal act worthy of punishment. If this is the kind of language vendors are sneaking into contracts, that would be a fitting solution to the problem.

tehwebguy 1y ago
“Sneaking” a service agreement into a contract that the US Navy willingly signs? Right to repair is for the people. The Navy, however, can just adopt a policy of uhhhh reading the contracts they sign.
- like_any_other 1y ago
  The Navy being sloppy does not make the contract any less malicious.
jfengel 1y ago
Note that it's not the contractualism, but the fact that Shylock is Jewish: Tarry, Jew: The law hath yet another hold on you. It is enacted in the laws of Venice, If it be proved against an alien That by direct or indirect attempts He seek the life of any citizen, The party 'gainst the which he doth contrive Shall seize one half his goods; the other half Comes to the privy coffer of the state; And the offender's life lies in the mercy Of the duke only, 'gainst all other voice. ("Alien" means any non-citizen, but it's clear that it's specifically because Shylock is Jewish.) Because it was done in a contract, it counts as an "indirect attempt", but it's the same law as if it were a physical assault. (Also note: nobody else in the room seems to have ever heard of this law, and nobody brought it up. Portia is not, in fact, a lawyer. Nobody bothers to check the texts. Antonio's life is already safe; there is no need to heap additional punishment on Shylock. I believe that Portia is just making it up, and everybody goes with it.)
- like_any_other 1y ago
  > Antonio's life is already safe; there is no need to heap additional punishment on Shylock. By this logic, attempted murder should carry no jail term after the assailant is disarmed.

tehwebguy 1y ago

“Sneaking” a service agreement into a contract that the US Navy willingly signs? Right to repair is for the people. The Navy, however, can just adopt a policy of uhhhh reading the contracts they sign.

like_any_other 1y ago
The Navy being sloppy does not make the contract any less malicious.

jfengel 1y ago

Note that it's not the contractualism, but the fact that Shylock is Jewish: Tarry, Jew: The law hath yet another hold on you. It is enacted in the laws of Venice, If it be proved against an alien That by direct or indirect attempts He seek the life of any citizen, The party 'gainst the which he doth contrive Shall seize one half his goods; the other half Comes to the privy coffer of the state; And the offender's life lies in the mercy Of the duke only, 'gainst all other voice. ("Alien" means any non-citizen, but it's clear that it's specifically because Shylock is Jewish.) Because it was done in a contract, it counts as an "indirect attempt", but it's the same law as if it were a physical assault. (Also note: nobody else in the room seems to have ever heard of this law, and nobody brought it up. Portia is not, in fact, a lawyer. Nobody bothers to check the texts. Antonio's life is already safe; there is no need to heap additional punishment on Shylock. I believe that Portia is just making it up, and everybody goes with it.)

like_any_other 1y ago
> Antonio's life is already safe; there is no need to heap additional punishment on Shylock. By this logic, attempted murder should carry no jail term after the assailant is disarmed.