Greetings in Brazil Essay Example for Free

Greetings in Brazil Essay Like any southern nation, the Brazilians are very opened, warm and friendly people. They enjoy big companies and are always glad to get together, socialize and discuss the latest events in the country’s political life or talk about national Brazilian passion: soccer. At that, any communication, especially informal, is based on very close and literally fraternal relationships. That is why greeting in Brazil is never limited to saying â€Å"Hello† or â€Å"Good Morning† and always goes far â€Å".. beyond looking and listening, (Flitter, 2007). In an informal environment, men greet each other with a handshake, a strong hug and sometimes a check-kiss. Women always greet each other with a peck-cheek and a warm hug. When people are introduced to each other for the first time, young men and women always greet each other with a peck on each cheek and an embrace. When meeting a group of people, it is very important to make a physical contact with everybody and give a greeting to every single person in the group. Undoubtedly, this free and friendly style of interpersonal communication has a tremendous influence on Brazilian business culture. Before starting certain business activities, it is absolutely essential to establish friendly relationships with your Brazilian partners. In such circumstances, a simple handshake as a greeting is considered to be too formal and conservative. Men can greet each other with a handshake followed by a friendly embrace or back-clapping, and women can give each other a cheek-kiss. It is also considered to be polite to accompany greetings with special expressions. The most popular terms when greeting Brazilian people can be: â€Å"Como Vai? † (How are you? ) or â€Å"Tudo Bem? † (Is everything all right? ). Good friends can use the word â€Å"Oi† (â€Å"Hi†) for greeting each other. When a person is leaving, it is also necessary to give everyone a handshake, a hug or a back-clap accompanied with such expressions as â€Å"Tchau† (â€Å"Good-bye†) or â€Å"Ate logo† (â€Å"See you†). References Flitter, E. (2007, December 12). Touchy Subject: Doing Business Where Hugs Replace Handshakes. The Wall Street Journal. Retrieved February 17, 2008, from http://online. wsj. com/article/SB119799543096137027. html. Profile of Brazil. (1999, September 15). Limiar. Retrieved February 17, 2008, from the World Wide Web: http://www. limiar. org/brazil/profile. html.

A Respectable Trade: Slavery :: Market Systems England Essays

A Respectable Trade: Slavery Many economic systems are revealed in A Respectable Trade: Slavery, Feudalism, Self-Employment, and Capitalism. England in 1788 was entering a period of economic transition. Viewing this finite period in A Respectable Trade allows us, as economists, to dissect the different market systems prevalent during that time. Slavery is the market system most focused on in A Respectable Trade. Josiah's "respectable trade" involves trading sugar, cocoa, coffee and cotton in Africa for captured Negro men, women and children. He then ships these "slaves" to the Caribbean, where he sells them. He makes all of his money in the sale of these people. While Josiah and Sarah Cole have been involved in the slave trade for many years, in 1788 they have just begun to experience the immediate effects of slaves in their lives. Josiah has determined that he will make more money if he ships some slaves to England to train as house slaves. He has married Frances so that she will train and teach them while they live with the Cole's in England. Josiah, Sarah, and Frances are learning the techniques of the slave master. As the film progresses, Josiah becomes more crass and unfeeling toward the slaves, seeing them solely as property. When the slaves first arrive, he feels awkward and anxious about harming them. He knows that he should punish them and lord over them, but he is more comfortable allowing Bates to reprimand and beat the slaves. He allows his customer to rape the slave girl, but he is uncomfortable doing so and does not want to watch. However, at the end of the movie, he stands over Bates while he severely beats Matthew, watching closely with no remorse. Holding human beings as property by chaining them and locking them in the house, controlling their lives and fates by selling them and forcing them to work, Josiah Cole has become a cruel slave master. Frances has a chief role in the slave system. Marrying Josiah, she becomes a teacher and a manager of the slaves in her home. She teaches them English, manners, and proper ways to serve their masters so they may become a more successful sale for Josiah. She does not do this because she desires his success, but because she is held in marriage in a feudal contract. Francis, a young woman without significant funds, without supportive family, and without an acceptable job, has few options in life.

Worldview Assignment

I. Worldview is the manner in which an individual (or society) philosophy in regards to life and their environment. Each person, due to upbringing or life experiences, has a manner in which they interpret the environment around them. Due to these differences, every person’s perception of the world is different. While some worldviews may share common interests, none are the same. II. 1. The Question of Origin – The Christian Worldview of Origin speaks of the manner in which God created the earth and all that lives. This can be detailed in the book of Genesis 1:1:31 (ESV) â€Å"In the beginning, God created the heavens and the earth.The earth was without form and void, and darkness was over the face of the deep. And the Spirit of God was hovering over the face of the waters. And God said, â€Å"Let there be light,† and there was light. And God saw that the light was good. And God separated the light from the darkness. God called the light Day, and the darkness he called Night. And there was evening and there was morning, the first day. † 2. The Question of Identity – The Christian Worldview of Identity is that God created us to his image and likeness, and in this way we are made to represent Him and honor Him.This can be detailed in Genesis 1:27 (ESV) â€Å"So God created man in his own image, in the image of God he created him; male and female he created them† and Matthew 5:48 (ESV) â€Å"You therefore must be perfect, as your heavenly Father is perfect. † 3. The Question of Meaning/Purpose – The Christian Worldview of Meaning and Purpose is that we must strive to develop and strengthen our relationship with God. This can be described under 2 Timothy 3:16 (ESV) â€Å"All Scripture is breathed out by God and profitable for teaching, for reproof, for correction, and for training in righteousness†. 4. The Question of Morality –The Christian Worldview of Morality lies in the fact that as we must b e righteous, forgiving and always do the right thing for the right reason. This is detailed in Romans 13:8-10 where it says â€Å"Owe no one anything, except to love each other, for the one who loves another has fulfilled the law. For the commandments, â€Å"You shall not commit adultery, You shall not murder, You shall not steal, You shall not covet,† and any other commandment, are summed up in this word: â€Å"You shall love your neighbor as yourself. † Love does no wrong to a neighbor; therefore love is the fulfilling of the law. 5. The Question of Destiny – The Christian Worldview of Destiny states that God predetermines our destiny and that failure is not a permanent state, since redemption is always possible. This can be seen in Psalm 138:8 (ESV) â€Å"The  Lord  will fulfill his purpose for me; your steadfast love, O  Lord, endures forever. Do not forsake the work of your hands. † III. Part Three: How might/should a biblical worldview influe nce the way you [Refer specifically to how biblical worldview beliefs influence your answer] choose only two of these: 6. think about, treat, and speak to others on a daily basis? Biblical Christian Worldviews influence my daily habits in positive ways that have made me more ethical and less judgmental. As a Christian, our identity is defined as being in likeness with our creator. God forgives, teaches and loves us as we are, and I in turn, try to do the same to everyone I encounter. Further, the morality aspect of our Christian Worldview asks that I be truthful and do everything for the right reason. My worldview beliefs keep me grounded and my spirit in peace.

Hofstede Cultural Difference Critiques - 2337 Words

Contents Introduction: Etic or Emic? At what extent are McSweeney’s critiques valuable? 4 Research Validity 5 Research Reliability: 5 Research Sample 5 Back to Culture 7 Questionnaire and Dimensions 8 History and Research Validations 9 Conclusion 10 Bibliography 12 Introduction: Etic or Emic? At what extent are McSweeney’s critiques valuable? Arguably, Hofstede’s work (1980, 1997) represents a pioneering approach of culture as a way of comparing international management frameworks. First of all, prior to offering any evaluations in regards to McSweeney’s criticism (2002a/b), it is crucial to identify the nature of Hostede’s work within the entire sphere of the culture approach itself. In contrast to the guarantors of the†¦show more content†¦As McSweeney’s (2002a: 95-99) argues, respondents’ cultural framework is made up by three non-interacting and durable levels of culture (Tab.2). At the first level, the assumptions which would free this model from any shortcomings would be that there is only one IBM culture and that there is also a common worldwide occupational culture for each job (Hofstede 1980a: 181). What are these assumptions based on? [Tab.2] According to McSweeney (2002a: 96), these assumptions are â€Å"too crude and implausible to underpin Hofstede’s emphatic empirical claims† . Following the thread of his argument we come across a situation where assuming that an IBM employee, whether in a developed USA head office or a new opened branch office in Pakistan, will possess the same identical organizational and occupational culture does become hard to encompass. In response to this argument, Hofstede acknowledges that considerable differences exist at the â€Å"organizational level† (1991: 93), yet it redefines the entire organizational culture as a mere set of â€Å"shared perceptions of daily practices† (1991: 182-3), therefore distancing from the early-stage value-based definition. According to McSweeney (2002b), this is only a failed attempt to deliver a straightforward concept and definition of organizational culture. Back to Culture Hofstede’s vision of culture is often linked to two different concepts, unique national tendency and central tendency, respectively. In theShow MoreRelatedCultural Constraints in Management by G. Hofstede904 Words   |  4 PagesA Critical Review of Hofstede, G. 1993, Cultural Constraints in Management Theories, The Executive, vol. 7, no. 1, pp. 81-94. There have been many research and studies on the national cultures and its consequences on management theories by numerous researchers. Of those many, ‘Cultural constraints on management theories,’ by Hofstede (1993) is one that has been talked about by most scholars. He strongly claimed that management is a function of culture and that culture influences the way managersRead MoreHofstede, Kolb and Raths Critiques698 Words   |  3 PagesCritique Three critiques will be explored in this section of the paper including; †¢ Hofstede’s critique on the basis of cultural consideration †¢ Kolb’s critique on the basis of dynamic group effectiveness †¢ Rath’s critique on the basis of situational differences Hofstede’s critique is based on that the world is too diverse for followership theories to be applicable in different circumstances (Hofstede, 2001). Theories limited to their origin cultures are not effective, especially when it’s dealingRead MoreReview of Study: McSweeneys Hofstedes Model of National Cultural Differences and Their Consequences: A Triumph of Faith, A Failure of Analyses1463 Words   |  6 PagesMcSweeney, B. (2002) Hofstedes model of national cultural differences and their consequences: A triumph of faith a failure of analyses, Human Relations, 55, 1: 89-118 Name Institution Professor Course Date Introduction The research article by McSweeney (2002) ascertains that within every management disciplines, crucial literatures that presuppose that every nation holds its distinctive, describable and influential culture. According to McSweeney (2002), culture shapes every aspect of natureRead MoreThe Nature Of Hofstede s Cultural Framework And Comparing It With Other Culture Frameworks1484 Words   |  6 PagesHofstede’s cultural framework and compare it with other culture frameworks. In the second part my personal score for each of the Hofstede’s cultural dimensions will be presented, followed by discussion on how my individual scores relate to the benchmarks suggested by Hofstede for my cultural background. The third section will address the issue of cross-cultural management and give suggestion to an Australian friend who is going to work as a manager in Shanghai. Discussion of cultural frameworks Read MoreThe Impact Of National Culture On The Administration And Hierarchical Conduct Of An Association Working1419 Words   |  6 Pagessociety. The national culture is moulded by different variable rights from the beginning of that nation to the present day social changes. The social estimations of the countries have huge impact in the day to day life of individual and too in its cultural, economic, business and political environment. The effect of national culture on the administration and hierarchical conduct of an association working in a specific nation is unavoidable (francesco). The organisation working in a global businessRead MoreCultural Intelligence1554 Words   |  7 PagesCultural Intelligence Cultural Quotient is the organizational psychology and management theory, and it is all about the continuous learning and aptitude to develop personally through this learning. The differences in the intercultural do remains in the momentous challenge stage in all multinational organizations. Hence to face the challenge there is a need of a new domain of astuteness which immense relevance to the era of escalating globalization and the workplace diverse. For every manager whoRead MoreHofstedes Five Dimensions1763 Words   |  8 PagesGeert Hofstede was born in 1928 in the Netherlands. He had an interesting life pretty much filled with cultural shocks. Around his twentieth birthday, he decided to leave his native Netherlands and go to explore other places in the world. He went to do an internship as an assistant ship’s engineer in Indonesia; this was his first time out of the country and it proved to be his first cultural shock. Being immersed in a completely different culture, he was keen to observe and compare the cultural differencesRead MoreHow Are Culture and Leadership Linked Essay2182 Words   |  9 PagesHofstede’s cultural framework to assess its significance and relevance to the topic at hand. Culture: To begin, culture is a phenomenon that carries multiple definitions. A simplistic view sees it as â€Å"how things are done around here†(Ouchi and Johnson, 1978 p.293). Culture can also encompass the behaviours, attitudes, norms, morals and unconscious values instilled within a group of individuals (Schien, 1985). Hofstede himself defines culture as the â€Å"collective mental programming† (Hofstede, 1980Read MoreManagers Should Stick to Leading and Directing. Facilitation Has No Place in Management1561 Words   |  7 Pagesrecognized as individual persons. There are also less governmental social fallbacks and not to forget that the people’s working and leisure behaviour has changed as well. Intercultural aspects of management Every person grows up under different cultural circumstances. By doing that he or she gets to know the socially relevant experiences that are necessary for ones life in a society. Of course there are similarities in the same culture. Fellow men from the same culture have due to their socialisationRead MoreCultural Diversity : Cultural Values, Globe, Huntington Model And Hall s Cultural Framework2148 Words   |  9 Pagesand cross cultural boundaries (Evans, Pucik Barsoux, 2011). The need of those global leaders indicates the urgency of understanding cross cultural diversity. However, the complexity in cultural diversity can be overwhelming. Some studies have been conducted in this area including Hofstede’s cultural values, GLOBE, Huntington model and Hall’s cultural framework. This literature review is aimed to compare and contrast the studies above and which study is the most relevant. 2. Hofstede model The

Chemical Properties and Physical Properties

When you study matter, youll be expected to understand and distinguish between chemical and physical properties. Physical Properties Basically, physical properties are those which you can observe and measure without changing the chemical identity of your sample. Physical properties are used to describe matter and make observations about it. Examples of physical properties include color, shape, position, volume and boiling point. Physical properties may be subdivided into intensive and extensive properties. An intensive property (e.g., color, density, temperature, melting point) is a bulk property that does not depend on the sample size. An extensive property (e.g., mass, shape, volume)Â  is affected by the amount of matter in a sample. Chemical Properties Chemical properties, on the other hand, reveal themselves only when the sample is changed by a chemical reaction. Examples of chemical properties include flammability, reactivity and toxicity. The Gray Area Between Physical and Chemical Properties Would you consider solubility to be a chemical property or a physical property, given that ionic compounds dissociate into new chemical species when dissolved (e.g., salt in water), while covalent compounds do not (e.g., sugar in water)?

Analysis Of Toni Morrison s Sula - 980 Words

Through place and time, there are those who find themselves questioning. For there are choices and risks in every relationship. There are good and evil in each and everyone. In this time it is the 1900s set in Medallion, Ohio. Toni Morrison s Sula takes readers on a journey through pillars, betrayals and tragedies surrounding two girls; Nel Wright and Sula Peace. The Bottom originated from a master and a slave. After some arduous tasks, the slave was given a piece of land on top of the hills. This is where the black community settle on high up in the hills over the town of Medallion. However, changes began to take place due the beginning makings of a golf course. Shadrack is a resident of the Bottom who fought in WWI and returns a broken man. He lives within the border of the town. Due to his traumatic new life, he creates a new day called National Suicide Day which is celebrated every year on January third since 1920. Before the town were on guard of him and his one day ritual, but now they subconsciously accepts him. Nel and Sula were young and grew up under different conditions. Nel lives with her mother, Helene. Sula grew up in a house full of boarders, such as Eva, Hannah, Pearl, Plum, Tar Baby, the Deweys and a married couple. Despite the differences, they became very close and good friends. After an unfortunate event with Chicken Little, it had become a secret that only the two would know, even when it was unintentional. The two began to grow apart. Later one day,Show MoreRelatedAnalysis Of Toni Morrison s Sula1655 Words   |  7 Pagesthe two girls share as a result of their juvenescence--or does it? In Toni Morrison s Sula, this scene, among others, appears at first to be both irrelevant to the novel’s underlying theme and out of place with regard to the rest of the plot. Yet, when analyzed further, the literary devices that Morrison uses in these scenes bring readers to a vastly different conclusion. These scenes serve as windows into the mind of Morrison and even into the larger themes present in the text. So, perhaps two girlsRead MoreAnalysis Of Toni Morrison s Sula 1631 Words   |  7 PagesFor Sula Peace and Nel Wright, in Sula, defining oneself in a pool of racism and varying moral standards is by no means challenging. Through a vivid and consistent emphasis of color and physical appearance, author Toni Morrison effectively outlines Sula and Nel’s attempts to comprehend and create their personal identities separate from the own mothers’ influences. Based on their situations, it appears that anyone can easily alter their character and self to fit their desires. However, Morrison ultimatelyRead MoreAnalysis Of Toni Morrison s Sula 1906 Words   |  8 PagesSula is written by Noble Prize winner in Literature, Toni Morrison. Morrison’s novels are known for their epic themes, dramatic dialogue, and opulently detailed characters. This novel contains originality and overflows with problematic sit uations that take place during the time after World War I. Sula opens up in a town called Bottom, which is mostly occupied by African Americans. This town is positioned, in the hills above the mostly white, wealthier community of Medallion, Ohio. This town hasRead MoreAnalysis Of Toni Morrison s Sula 1474 Words   |  6 PagesBut what remains the same in a person after all these years? Toni Morrison, in her novel Sula, suggests that our inner selves do not change as much as we think. Through a consistent emphasis on body parts, color, and physical appearance, Morrison illustrates the coexistence of change and stability that lie within each person’s body and identity. Though it appears that people can easily alter their identities to fit their desires, Morrison ultimately emphasizes that one’s identity does not change overRead MoreAnalysis Of Toni Morrison s Sula Essay1804 Words   |  8 PagesOpposite and Similarity Attract in Sula Most of people find themselves attracted to someone very unlike them, a phenomenon called â€Å"opposites attract†. People are usually drawn to those whose personality, characteristics or habits are opposite to them because they are fascinated by the differences and are curious of exploring what they have never experienced before. Throughout history, many writers attempt to explore and investigate the cause of this absorbing human trait by analyzing their characters’Read MoreAnalysis Of Flaubert s Madame Bovary, Toni Morrison s Sula Essay1857 Words   |  8 Pagesbe broken if new circumstances occur. A contract can be voided by mutual consent.† In other words, the bond established by the man and the woman is an ongoing unending commitment to each another. In Gustave Flaubert’s â€Å"Madame Bovary,† Toni Morrison’s â€Å"Sula† and Kate Chopin’s two short stories â€Å"The Storm† and â€Å"The Story of an Hour† we see disloyalty, complex love, misery, unfulfillment and importantly, infidelity supposed matrimony. In the story â€Å"Madame Bovary,† Emma’s marriage is dullRead MoreCritical Analysis Of Toni Morrisons Sula1464 Words   |  6 PagesMorrison’s novel Sula, takes place within a black community also referred to as the Bottom in Medallion, Ohio in the 1920’s. It’s a topsy turvy world. The once-useless land that a white man jeeringly provided for a dark man is currently being transformed into a socially attractive district for white individuals. However, this reversed request isnt only an amusing setting for the novel; it is a fundamental topic of the novel, for as Morrison has stated, Evil is as useful as good is although goodRead MoreSula Birthmark Analysis1007 Words   |  5 PagesThe Birthmark and Sula: Forced Identity Toni Morrison’s novel Sula, examines a wide range of topics, delving particularly into morality, the black female experience, and friendship. The narrative follows childhood best friends, Nel and Sula, as they navigate life in the Bottom, a black community in Ohio. Although inseparable as children, even undivided after accidentally killing a two-year-old boy, they follow divergent paths as adults. Nel leads a life of conformity; Sula does the opposite. AnRead MoreToni Morrison s Beloved : Dehumanization Of Slavery And Its Effects On African Americans And Their Basic Forms Of1268 Words   |  6 PagesToni Morrison’s Beloved shows the dehumanization of slavery and its effects on African-Americans and their basic forms of existence—specifically motherhood. Morrison depicts the strong maternal bond between Sethe and her children. Most importantly, her use of Sethe’s controversial act of infanticide shows the lengths that Sethe will take to protect her child ren from slavery. Morrison’s depiction of Sethe’s motherhood shows how slavery has deconstructed the Eurocentric expectations and traditionsRead MoreLiterary Analysis Of Recitatif1135 Words   |  5 PagesLiterary Analysis Paper: â€Å"Recitatif† by Toni Morrison Many authors write fictional novels about historical events. A common topic written about is the racial integration between African Americans and whites during the 1950’s. Although the short story â€Å"Recitatif† explicate many different themes, the central topic of Morrison’s writing is about racism. Throughout the story, the author expresses examples of hatred between black and white races at the shelter, the different encounters they have, and

Part One Shakespeares Alleged Blunders in Legal Terminology Essay Example For Students

Part One Shakespeares Alleged Blunders in Legal Terminology Essay Part One Shakespearequot;s Alleged Blunders in Legal Terminology Mr. William C. Devecmon of the Maryland bar has written an extremely interesting book* to establish the proposition that Shakespeare was not trained to the law. His arguments are strong and well expressed. But he is not so successful in the attempt in his last chapter to set forth Some of Shakespeares Errors in Legal Terminology. We propose to examine briefly his allegations as to this matter. The instances he cites of supposed inaccuracy are as follows: I. Queen. Tell me what state, what dignity, what honor Canst thou demise to any child of mine? King Richard. Even all I have; ay, and myself and all, Will I withal endow a child of thine. ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬?Richard III, IV, iv, 248-251 Upon this passage Mr. Devecmon comments, Dignities and honors could not be demised; and be cites Comyn and Blackstone. We answer. 1. If we interpret the word demise in its technical sense, the queen, who asks the question implying the negative, speaks correctly. King Richard cannot so demise them. 2. But if Shakespeare, after his wonted manner, uses the word in something like its root sense send down or away, transfer, transmit, like endow two lines later in the sense of equip, furnish, again we say the phraseology is accurate enough. In neither word does he imply a technically legal process. 3. If it be a mistake, is it not a very natural one in the mouth of the queen not learned in the law? It may impart verisimilitude. II. Hamlet. Besides, to be demanded of a sponge! What replication should be made by the son of a king? ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬?Hamlet, IV, ii, 12, 13, Spragues Edition. Says Devecmon, A very few days, or, at most, weeks, of practical training in a lawyers office, would have sufficed to teach Shakespeare that this is an incorrect use of the word replication. He adds, that, in the technical language of the law in pleadings, a replication is the plaintiffs reply to the defendants plea. Answer. 1. This is not in the course of pleading. Shakespeare uses replication precisely as Chaucer had done more than two hundred years before in his Knights Tale line 1846, Gilmans edition in the sense of replyÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬? My wyl is this, for plat conclusioun Withouten any replicacioun. It is found in the same sense in the Lovers Complaint Passionate Pilgrim, 1609 and Loves Labors Lost, IV, ii, 16. In Julius Caesar I, i, 44-46, Spragues edition we read, Have you not made an universal shout That Tiber trembled underneath her banks, To hear the replication of your sounds? Here it is manifestly in the sense of echo, repetition, or reverberation. 2. Hamlet, speaking nearly six centuries before the play was composed, can hardly be thinking of the pleadings in Elizabethan courts. He never saw the inside of any Chitty on Pleadings. Shakespeare, then, put no mistake in his mouth; but, if he had done so, it would have proved nothing against Shakespeares knowledge of the law. III. Thaliard. For if a king bid a man be a villain, he is bound by the indenture of his oath to be one. ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬?Pericles, I, iii, 6, 7. Says our critic, Here the oath of allegiance is referred to. The use of the word indenture is entirely out of place. Answer. 1. This passag e is conceded by all the best Shakespearean scholars, or nearly all of them, to be by some other pen than Shakespeares. His part of Pericles, if he had any hand in its composition, does not begin till we reach Act III. 2. If Shakespeares, it is reasonable to explain the word as metaphorical, as it surely is in King JohnÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬? Upon thy cheek lay I this zealous kiss As seal to this indenture of my love. ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬?II, i, 20. In Hamlet V, i, 104, Spragues edition, and in I Henry IV, II, iv, 44; III, i, 80, 139, 257, indenture is used in its strict legal sense, showing that Shakespeare was fully aware of its technical signification. 3. The last scene in Pericles takes place in the Temple of Diana at Ephesus. Is it not preposterous to expect a lord of Antioch in that play, some hundreds of years B. C. , to use with scrupulous precision the law phraseology of Shakespeares age? IV. Hotspur. Methinks my moiety, north from Burton here, In quantity equals not one of yours. ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬?I Henry IV, III, i, 96, 97. Some modem lawyers and text-writers, remarks Devecmon, use the word moiety as inaccurately as Shakespeare, as though it could mean a third or any part. Answer. 1. Moiety here refers to a third part. It seems to have been rarely if ever restricted to the mathematical half. 2. Eight times in Shakespeare e. . in Hamlet, I, i, 90, Spragues edition the word is used as the equivalent of portion. It is the French moitiÃÆ'ƒÂ © from Lat. medietas, and, like Lat. medius and Eng. mid, does not necessarily imply division in the exact middle. Half was also vaguely used by the old writers for side or Part, as we now often use the word quarter. Thus Chaucer has, O n fourÃÆ'ƒÂ « halvÃÆ'ƒÂ «s of the house about. Millers Tale, Gilmans edition line 3481. The freshman could quote good authority for his translation of the first sentence in Caesars Commentaries, All Gaul is quartered into three halves! Says Moberly, The word moiety, like halb or half, originally means only a part; as desshalb and similar German words show. V. Queen Katherine to Wolsey. I do believe, Induced by potent circumstances, that You are mine enemy, and make my challenge You shall not be my judge. ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬?Henry VIII, II, iv, 74-77. To challenge, declares our critic, is to object to those who are returned to act as jurors. The judge was not subject to challenge. Answer. 1. To challenge in Shakespeare is found at least eighteen times in the sense of to claim as of right. Very likely therefore it is so used here. It would suit the context perfectly. 2. This court is ecclesiastical rather than secular, an extraordinary tribunal, proceeding by canon rather than by common law. The two cardinals, Wolsey and Campeius, are at once judge and jury. If the queen has in mind the usages of law trials, the word challenge is nevertheless felicitous. 3. But if not so, this Spanish-born Katherine, who is laboring under tremendous excitement, and who is not versed in hair-splitting legal distinctions, may be excused for using the word without technical accuracy. It may well mark her extreme agitation. VI. Horatio. Our valiant Hamlet * * * Did slay this Fortinbras; who, by a sealed compact, Well ratified by law and heraldry, Did forfeit with his life. * * * ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬?Hamlet, I, i, 85-87, Spragues edition. Quoting from Rapalje Lawrences Law Dic. , Devecmon says, Ratification is where a person adopts a contract or other transaction which is not binding on him because entered into by an unauthorized agent. In this passage, says Devecmon, well ratified by means strictly in accordance with. He adds, As a legalism its use is out of place. Answer. 1. The burden of proof that well ratified by is out of place is on the critic. King Hamlet, probably by his ambassador, made a compact with Fortinbras, King of Norway. Before this compact could become binding, it had to be ratified by King Hamlet. What evidence have we that it was not so ratified? If, then, the word is to have its technical sense, it is in all probability corr ect. 2. But if it is not to bear its technical meaning, what valid objection can be offered to its use? Shakespeare is much given to employing words in their radical sense. Ratified, from Lat. atus, fixed, and fac to make, fi- to be made, is equivalent to confirmed. In the sense of confirm, sanction, or make valid, he uses it at least seven times e. g. Macbeth, III, vi, 33, Spragues edition; Tempest, V, i, 8, Spragues edition. Skelton has it to the same effect in his Colin Clout 1520, Levins in his Manipulus Vocabulortim 1570, Bacon in his Political Fables 1605. Why should not Shakespeare in the passage quoted from Hamlet? 3. Horatio, the Dane, six centuries before, could hardly be expected to be familiar with the legal terminology of Littleton, Coke, and Selden. _______ Part Two Shakespearequot;s Alleged Blunders in Legal Terminology VII. King Claudius. Therefore our sometime sister, now our queen, The imperial jointress of this warlike state ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬?Hamlet, I, ii, 8, 9, Spragues edition. On this passage Devecmon quotes Co. Litt. 46: Jointress, a woman who has an estate settled on her by her husband, to hold during her life if she survive him. He comments, Queen Gertrude could have neither a dower nor a jointure in the Kingdom, of Denmark. Answer. 1. King Claudius in the eleventh century, courting popularity, and not having the fear of English or American lawyers before his eyes, uses both the word imperial and the word jointress with poetic vagueness, yet with a deceitful assumption of right, as if Gertrude were indeed an empress dowager. The phrase imperial jointress is adroitly used, and it shows Shakespeares deep insight into the kings cunning. 2. If not so, the word, being quite rare, may well be used, as most commentators claim, simply for sharer, partner, joint occupant. VIII. Boyet. So you grant pasture for me [offering to kiss her. Lady Maria. Not so, gentle beast. My lips no common are, though several they be. ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬?Loves Labors Lost, II, i, 221, 222. Devecmon asserts, Shakespeare doubtless knew that one cannot at the same time hold a thing in common and in severalty; and if so, he here sacrifices his knowledge for a mere play on words, which I fancy a professional pride, if he had any lega l training, would not have permitted him to do. Answer. This is a question not of knowledge but of taste. Would Shakespeare, if he had been a trained lawyer, have perpetrated such puns? Perhaps not. The way in which Shakespeare dramatizes the prejudices of his own society in the court scene of The Merchant of Venice EssayGive me at least my 10,000 ducats , says the Jew. The judge replies, I will give you nothing: if you will have the pound of flesh, take it: if not, I will order, etc. We must again insist that these crude proceedings of a court held perhaps five hundred or a thousand years ago are not intended as a picture of an Elizabethan tribunal scene, but that the dramatist, while following English usage sufficiently to make his audience understand what is supposed to be taking place, is really in imagination in mediaeval Venice, giving the very age and body of the time his form and pressure. The same fact must be borne in mind in considering the fifth specification under Devecmons charge against Shakespeare, of ignorance, unreason, and injustice; viz. , 5. The court quickly resolves itself into one of criminal jurisdiction, and the Jews life and goods are declared forfei ted. This is one of those particulars in which Devecmon holds that the trial scene disregards all ideas of law, justice, and morality for mere dramatic effect. Answer. Although this particular feature is not in the Italian novel on which, as we have seen, Shakespeare constructed a great part of the trial scene, it, as also the other proceedings, finds a close parallel in a case narrated by Mr. John T. Doyle of Califomia in the Overland Monthly of July 1886 partly reproduced in Furnesss Variorum Edition of Merchant of Venice, pp. 417-420. Let us premise some particulars. Sojourning for some months in the city of Granada, Nicaragua, in 1851 and 1852, Mr. Doyle became involved in half a dozen lawsuits, in several of which the five following steps occurred: 1. The magistrate Alcalde directed some one present to go and call the plaintiff into court. So Mer. of Venice, IV, i, 14 the duke sent for Shylock, Go and call the Jew into court. 2. The facts being agreed upon, the judge in Nicaragua announced that he proposed to submit the case to a practicing lawyer, a jurisconsult, unless competent objections were made. In like manner Mer. of Ven. , IV, i, 100, 101 we hear the duke say, Bellario, a learned doctor, whom I have sent for to determine this. Bellario, being ill, dispatches the disguised Portia to act in his stead, if accepted Mer. f Venice, IV, i, 153-156, Spragues ed.. The duke graciously accepts the substitute, saying, You are welcome; take your place IV. i, 161. 3. The plaintiff, too, must distinctly accept the referee. After some delay Shylock does this with emphasis IV, i, 229-230 ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬? I charge you by the law, Whereof you are a well-deserving pillar, Proceed to judgment. 4. One condition further mu st be fulfilled to give the new judge complete jurisdiction; the defendant also must formally assent. Antonio does it cordially IV, i, 234, 235 ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬? Most heartily I do beseech the court To give the judgment. 5. Another curious coincidence comes to light between the custom in Spanish-American countries and that exemplified in Venice; as we may fairly infer from what takes place in IV, i, 397-444. Mr. Doyle tells us that the custom of the country costumbre del pais required that the successful party, in a suit in which such amicus curiae was called in, should bestow on the referee a honorarium gratification they called it for his services. It was $200 in Doyles case. Similarly the duke suggests, Antonio, gratify this gentleman IV, i, 397. Three thousand ducats are accordingly offered the brilliant jurisconsult, Portia. She declines the money, but takes in lieu of it gloves and a precious ring. 6. We come now to what Devecmon regards as the climax of ignorance or illegality, the sudden assumption of criminal jurisdiction by this court. Mr. Doyles parallel case is in brief outline as follows: A question arose in this city as to the disposition of the estate of a gentleman who had been slain at Mazatlan in an encounter with his partner, while discussing in anger the state of their accounts. There had been a trial over the case in Mexico. The surviving partner put forward claims before our court, which caused me, in behalf of the next of kin of the deceased, to send to Mexico for a complete transcript of the judgment record there. [Mr. Doyle here gives an account of the official inquiry as to the cause of death. The inquiry was made before the Alcalde, who conducted the inquiry with evident partiality to the survivor. At the conclusion the Alcalde acquitted him. Intermediate proceedings took place. ] The Fiscal States Attorney, on behalf of the State, intervenes, and appeals to the Supreme Court. There the witnesses are re-examined; they contradict each other badly, and break down * * * The judgment below is then reversed, the defendant sentenced to death, and the Alcalde, before whom the trial had been had below is sentenced to pay a fine of $100 for his partiality and misconduct! There is no reason to suppose that this Mexican case is a solitary instance. A sufficient investigation would probably reveal the fact that in all the Spanish-American nations, and very likely in all of those of southern Europe, at least in their early stages, courts of justice, like Turkish cadis today, freely exercised equity, civil, and criminal jurisdiction. How Shakespeare came to know of these customary forms, or, if he did not know of them, by what strange accident he lighted on them, is a mystery. Mr. Doyle remarks, If Shakespeare knew nothing of Venetian law, there was no great improbability in assuming it to resemble that of. Spain, considering that both were inherited from a common source, and that the Spanish monarchs had so long exercised dominion in Italy. Let us at any rate be slow to charge him with ignorance. The range and accuracy of his information, says Lowell, were beyond precedent or later parallel. Like many before him, Devecmon charges Portia i. e. Shakespeare with cruelty towards Shylock, cruelty surpassing that of the thumb screw or the rack, in making him abandon the cherished religion of his fathers and his race, and embrace the hated religion of the Christian. Such critics forget that, according to the current belief in those remote ages and even in Shakespeares day, instead of cruelty, the greatest possible kindness was shown to Shylock, rescuing him as a brand from the burning. They verily believed that, by professing Christianity and receiving baptism, he would be saved from endless damnation and made sure of an. eternity of bliss! Devecmon accuses Portias rulings as being bad in morals, aside from the law. Here is a man who for three months has had murder in his heart, and has often gloated over the anticipated joy of killing the irascible yet sweet-souled Antonio. He has come in order to perpetrate the horrid deed in open court. There, in presence of the duke, he has whetted the knife to cut out Antonios heart. He has scouted the pathetic appeals of the duke and of Portia for mercy. He has produced the scales which he has brought into court to weigh the flesh. He has fiercely avowed his fixed intent. He is, impatient to spring like a tiger upon his meek victim. He has broken the law of Venice and of God. He has forfeited life, prosperity, and liberty. Yet he is instantly pardoned. He is set free. He is allowed to retain half of his ill-gotten millions, to do with them as he pleases. The other half is held in trust for his daughter and her husband, the whole to be theirs upon his death. Says Devecmon, We feel little pity for Shylock, but our sense of reverence for the law is shockedÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬?the majesty of the law is degraded. But what majesty of law is upheld when a contract contra bonos mores is allowed to be enforced? Such Devecmon concedes this to have been, quoting the familiar maxim, Ex turpi causa lion oritur actio. The law of the Twelve Tables, which we have quoted, and which in the remote past was interpreted to permit the creditors to cut an insolvent debtor in pieces, was very likely in Shakespeares mind. He applies a crucial test. He shows its sharp antagonism to the higher law; that, Mercy is above this sceptred sway. Never again, in England at least, could a law authorizing murder seem valid. It was high time that some one should show that when mans law squarely conflicts with Gods law, mans must give way. Majesty of Law! Would it, then, have vindicated the wicked law, or made it more revered, if Portia had permitted the butchery of Antonio? We have a law, and by that law he ought to die, said some of the ancestors of Shylock John, xix, 7, and the greatest crime of all the ages was perpetrated, it was claimed, in strict accordance with law! Homer B. Sprague, Ph. D. , Ex-Pres. Univ. of N. Dakota.