On Contract Law Culture In The Merchant Of Venice

"Law and Literature" as an interdisciplinary research abroad has been relatively mature, in our country is in the ascendant.One hand, the literary works that reflect the authors as well as folks’ prevailing view for the law and attitudes at that time, on the other hand, it can be understood in the literary works of the changes of the legal system to explain different age legal phenomenon.The development and evolution of this interaction is an important aspect of the unique legal and cultural system of the various ethnic groups.It seems incompatible between the rational of legal and literary sensibility, But the collision of two who had significance and function of dimensions of reality.because both seek some kind of eternal value, charged with the common mission—Seek the timeless good. committed to the social civilization and progress.After a brief review of the course of development of the "Law and Literature", the paper based on Shakespeare’s classic drama The Merchant of Venice, because the play worldwide, long-term general reading practice, is the great story of the text, with the typical sense of realism works.Metaphor and interpretations thinking by the narration of the story text, conduct a comprehensive and detailed analysis of the contract legal culture of the late Middle Ages.The Merchant of Venice embodied in the Contract Culture is mainly from the Venetian states special background, the hero of the dialogue as well as the court trial scene in the parties the legal debate, analysis and evaluation of the judge’s interpretation of the law:First the city-state of Venice gave birth to the doctrine of freedom and legal supremacists:The contract followed the trial of the case reveals the contradictions between secular law:and theology natural law.This is also the time of contract law development obstacles and legal culture complex performance.The revival of the medieval Roman law led to the development of contract law, private law contract system originated in the ancient Roman civil law.it originated in the Roman civil law. after the revival of the Roman law of the late Middle Ages in Western Europe, The Merchant of Venice is the most classic embodiment, and to the modern classical jurist on the interpretation of the contract culture and improved.the concept of contract and the evolution of the system in Western Europe experienced a thousand years of history.Along with the European Renaissance, the Enlightenment and the bourgeois revolution, contract concept has been fully developed, the freedom of contract greatly adapt to the development of the capitalist economy, laid the cornerstone of the Civil Code of the Western European countries and the USA.becoming the basic principles of modern contract law, Europe realize the society from identity to contract, walked up to the powerful way from fading.Through the above analysis.evaluation of the contract culture historical value from four aspects.Firstly,Western European societies transition from status to contract; secondly.promote the development of the capitalist economy in the Europe and U.S: thirdly.freedom of contract laid the cornerstone of Europe and the United States Civil Code:fourthly,provided the ideological basis for modern social contract theory.Contract in the West, from religion to society and then to politics, and finally through the legal system back to the concept of hierarchy.The contract is in its own continuous development and the process of evolution gradually condensed into a contract culture of the human spirit of equality, freedom, human rights, integrity.and collaboration.Throughout the history of contract development to reflection on the plight of China’s contract culture exists due to traditional culture.A long period of time the contract concept is not the mainstream culture, and the underdevelopment of private law. China did not form a contract culture, nor the formation of similar to the Western contract freedom as the core spirit of private law.Secondly, the rational spirit in the absence of civil system design exposed our lack of real and profound understanding of contract law.Finally, freedom of contract.-the problems encountered in the operation of the socialist market economy are restricting the cultivation and development of the culture of our contract. China is currently committed to the process of the development of modern, and the market economy started late,civil rule of law is still in the construct of the contract and the rule of law is relatively mature, however, because of the the civil Uniform Code still worked out,the historical stage of contract law.the ethos of the peoplethe commodity grid and other aspects are yet to be explored.The context of the political, economic reform, social transformation in a critical period by analyzing Western contract system and the course of development and evolution of the concept, it contains the spirit of freedom, equality, autonomy out of the plight of the Contract Culture in China has a very good learning and reference, and can provide a reference for the contract and the rule of law system construction and future development.Come to the revelation of the contract culture construction in China on the basis of these studies.learn from the reasonable part of the contract culture of the legal system, culture, ideas and rational spirit in the West,establishing and improving the spirit of freedom of contract, so that people to express humanity through contracts, to express their pursuit of personal freedoms and interests in the field of private law.under the rational guidance,protection of human rights, human dignity and well-being in our societv truly established.