StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

The Dispute between Shylock and Antonio - Essay Example

Comments (0) Cite this document
Summary
Introduction In The Merchant of Venice, the parties to litigation are in high conflict. One of the parties, Shylock, requires no less than the death of the other, Antonio. There are a variety of reasons for this animosity, but the fact remains that Shylock is not negotiating from a reasonable position…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.6% of users find it useful
The Dispute between Shylock and Antonio
Read TextPreview

Extract of sample "The Dispute between Shylock and Antonio"

Download file to see previous pages It is ineffective when one or both parties are bargaining from an extreme position, in that one party either has a high demand and cedes ground slowly, or that one party has a low demand and cedes ground quickly (Carnevale & Pruitt, 1992). Mediation is negotiation between two parties, with a neutral third party guiding the process (Goltsman, et al). Mediation may be successful in traditionally high conflict situations like divorces. That said, it is not successful in divorce cases where one party is unreasonable, one party dominates the other, or one party is unable to approach the issues in a fair way (Gold, 1992). Litigation is the solution when the other strategies fail, and the parties appear before a judge and allow the judge to decide the case (Fox & Nelson, 1999). In this case, Shylock is not rational, is operating from emotion, and cannot approach the issues in a fair way. Because of the nature of the parties, and the conflict of the situation, litigation would be the most appropriate method of settling this dispute. Discussion Negotiation and mediation are both non-coercive actions that help parties come to an agreement (Bercovitch & Jackson). The first type of legal maneuver that will be examined will be negotiation. Carnevale & Pruitt (1992) state that negotiation is basically a discussion between the parties in an attempt to get to a goal. Goltsman et al. state that negotiation may end with one party winning; a compromise; no agreement; or a win-win, where both parties end up with an agreement that leaves them in a better position than if there were a straight compromise. The strategies of negotiation are that one party may concede some ground; one party may contend, in that they try to make the other person concede by stating that they will not concede; or problem-solving, in which both parties work together to find a solution that may be beneficial for both (Chapman, 1996). Carnevale & Pruitt (1992) state that all three strategies are needed to come to an agreement, even if each of the strategies seem to be mutually incompatible. Mediation is another tactic that may be used. Mediation is basically negotiation between the parties, but with a neutral third party guiding the proceedings (Carnevale & Pruitt, 1992). Goltsman et al. state that mediation has an advantage over negotiation only in the situations where conflict is high. If conflict is low, then non-mediated negotiation may produce favorable outcomes with just two sessions (Goltsman et al.). Mediation may be effective, if the mediator is able to make each side see the other’s point of view. A mediator may also make use of a caucus, where the mediator meets privately with either side. Carnevale & Pruitt (1992) states that this is most effective when the parties show a high level of hostility towards one another and a joint agreement seems unlikely. That said, a mediator may be misled by one of the parties, who might make a derogatory statement about the other party, and the other party is not around to rebut the statement. Mediators may be helpful in the negotiation process, as they may help one party realize how to save face; may help them resolve internal disagreements; or may help them talk to their constituents. They may also help the parties reach agreement by adding in incentives for agreement, or issuing threats for non-agreements. They may als ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The Dispute between Shylock and Antonio Essay Example | Topics and Well Written Essays - 2500 words”, n.d.)
Retrieved from https://studentshare.org/law/1393749-the-dispute-between-shylock-and-antonio
(The Dispute Between Shylock and Antonio Essay Example | Topics and Well Written Essays - 2500 Words)
https://studentshare.org/law/1393749-the-dispute-between-shylock-and-antonio.
“The Dispute Between Shylock and Antonio Essay Example | Topics and Well Written Essays - 2500 Words”, n.d. https://studentshare.org/law/1393749-the-dispute-between-shylock-and-antonio.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Dispute between Shylock and Antonio

The Distinction Between the Tort of Negligence and the Tort of Nuisance

There are many instances in which establishing a claim in private nuisance does not require proof of negligence and it, therefore, remains necessary to maintain the tort of private nuisance distinct from the tort of negligence. The discussion that follows will demonstrate the necessity by comparing and contrasting both torts.
The tort of negligence is founded on the principles enunciated in the House of Lords decision in Donoghue v Stevenson which essentially defines the duty of care and situations in which a breach of that duty will give rise to a claim in negligence. Lord Atkin explained that we are required to take all necessary precautions to prevent injury to our neighbours. He goes on to fully explain the duty of care i...
17 Pages(4250 words)Case Study

Why Are International Boundaries So Frequently the Source of Conflict Between States

In the wild, males’ animals of one troop will fight hard to defend their territories. Even in our microenvironment, there are issues of border conflict is common. (Hussein, 1994) Boundaries define a geographical or a political entity or a legal jurisdiction that is entitled to a nation and in this regard a government, state or any other administrative divisions. Borders can be defined as a buffered zone that separates between two or more geographical regions. Some of the borders are fully or are partially controlled and crossing from one point to another can be legal or illegal.

Therefore borders can be termed as anything the separates between two geographical entities which may be defined by a political entity or...
13 Pages(3250 words)Term Paper

The Relationship between Plastic Surgery and Our Contemporary Notions of What Makes Women Beautiful

The fact that it is meant to enhance the beauty of a person has made it more appealing in the modern world when beauty has become a concern for many people and especially women. The technique mold, reshape and reconstruct body tissues in order to bring the desired shape. (Ham, 2003)

Although it has gained recognized use in recent times, plastic surgery dates back to many years ago. As early as 1st BC the Romans are recorded to have been performing simple body procedures that were aimed at enhancing the beauty. They were mostly done on women. However, with the coming modernization, plastic surgery has gained an increased use especially for aesthetic purposes.

In the process, there is the use of skin tissue whi...
16 Pages(4000 words)Term Paper

The Difference between Prudential and Protective Regulations

Governments attempt to regulate and organize different fields of life in their respective countries. This need for regulation has been created for a number of reasons. One prominent reason may be attributed to the fact that the government may assess a certain industry having a significant impact on the economy thereby embarking on a regulation endeavor. By these regulations, the government will be able to protect its markets from failure, leading to unwanted deficiencies such as monopoly, windfall profits, anti-competitive behavior, and predatory pricing.

One of the most important types of regulations that endeavor to protect consumers and restore confidence in the financial markets as being genuine is the regulation...

9 Pages(2250 words)Research Paper

Correlation between Motivation and Efficiency

It also has many warehouses to deliver chilled and frozen food to customers. It is highly unpleasant for the workers to work in the chilled warehouses. Just five years ago, one of the warehouses in Stroke-on-Trent introduced a new technical system that transformed the attitude of the workers and their efficiency.
Though the company spent almost £ 300,000 on installing a new system, it reckoned that by cutting down the mistakes and providing a better workplace for workers it could save that much amount in the first year itself. Prior to the installation of a new communication system, workers felt much boring with the old techniques of writing the movements of goods by a bit of paper and pencils. Apart from mistakes and e...
6 Pages(1500 words)Research Paper

Conflict Between Science and Religion

When the Copernican theory of planetary motion became well known in 1543 through the publication of his book, De revolutionibus, the geocentric model of the universe as implied in the Bible received a great setback. There were also questions raised about the notion that God created the earth and universe in seven days. The scriptures also speak in a plain manner that the earth is stationary, but science proved that the earth was rotating around the sun. To reconcile science and religion became a Herculean task for the faithful and several approaches were adopted to find out a coherent explanation.
“Grant us space from our meditations on the secret recesses of your law, and do not lock the gate to us as we knock. It is n...
22 Pages(5500 words)Assignment

Clinical Governance Approach between UK and Australia

The UK Department of Health defines it as “the framework through which NHS organizations are accountable for continuously improving the quality of their services and safeguarding high standards of care by creating an environment in which excellence in clinical care will flourish.” (Department of Health, 2004).

The term clinical governance gained importance following the high mortality rate for pediatric cardiac surgery at the Bristol Royal Infirmary. The incident led to the formation by the government in 1998 of the Kennedy Commission, which proved a turning point in overhauling the NHS (Kennedy, 2001). The commission’s final report recommended that change “can only be brought about with the willing...
11 Pages(2750 words)Term Paper

Relationship between Money Supply and Inflation in Saudi Arabia

Over the recent past, the effects of money supply, debt and inflation have become contentious issues for debate. Furthermore, frequent cautions concerning the risk of very large budgetary deficits aver that this would send up the upcoming state debt and capital rate as indicated by the rates (interests). As a nation, Saudi Arabia has a bi and enduring budgetary deficit over the past two decades and the government has been forced to go into the market so as to have loan access and to make up for the deficits. Given the impact of this on inflation and other economic variables, it's imperative and of great alarm for strategy architects (strategists) to understand how microeconomics has an effect on money supply, financial plan defici...
10 Pages(2500 words)Speech or Presentation

Transatlantic Dispute over GMO Regulations

There has in the past been a row over the regulations of Genetically Modified Organisms (GMO) or Genetically Engineered Organisms (GEO), where different factors have been quoted by different stakeholders. The most notable of the stakeholders have been United States, Canada, and Argentina, which have brought about consultations aimed at straightening the disputes, with the European Community (EU), under the auspices of the World Trade Organization (WTO), and in respect to the “Moratorium for Regulations and Approval of Biotech Products” (Pipe SW 2008, pg 11). Based on the fact that the whole issue of GMOs rotates around a process where an organism has its genetic material altered using genetic techniques is in itself a...
6 Pages(1500 words)Coursework

Evaluation of Children with Visual Impairment between Ages 4-12

A visually impaired child may suffer from incomplete sight, reduced vision, total blindness as well as legal sightlessness (Kelley and Gale p 45). It is a condition that may become severe in a child, thereby affecting its growth and development. The impact is usually dependent on the kind of loss, age at which it occurs, as well as the general body functioning of the child. The normal interest that is usually evident amongst children on seeing attractive items in their surroundings lacks in a visually impaired child. This may interfere with the child’s learning capabilities unless he/she is assisted to learn. The development of social behavior in children usually depends on the ability to see parents or those in charge of ca...
6 Pages(1500 words)Coursework
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic The Dispute between Shylock and Antonio for FREE!

Contact Us