William Shakespeare e o direito: a interpretação legal na obra “Medida por Medida”

Abstract

This study discusses the relation between Law and Literature specifically in "Measure for Measure" by William Shakespeare, emphasizing the juridical aspects and the interpretation and application of the law, brought by the play. Thus, an analysis is made of the decision of the Duke who had condemned to death a young man for the crime of fornication, based on a law that was not in use for some years. This analysis is carried out in the light of legal hermeneutics and its methods of interpretation. It is essential, therefore, to highlight the historical context of the opening of the Law to dialogue with other branches of human knowledge, as in the case of Literature. In addition, we sought to show the importance of Literature to the legal world. A brief contextualization of life and work of William Shakespeare and his relation with the Law was traced as a way of locating the reader on the aspects that influenced the author in the making of the play analised in this research. Thus, the work "Measure for Measure" was analyzed in the light of legal hermeneutics, demonstrating that the Duke's choice of the hermeneutic method of literal interpretation in detriment of historical, teleological-axiological, sociological and systematic, proved unsustainable and incomplete, which would imperil the fairness of that decision. This work has as main objective to analyze the contribution of Literature to the legal world, specially of the work "Measure for Measure" of William Shakespeare, that offers the possibility to problematize the conception of justice, legality and interpretation of the law, in order to analyze which the role of the interpreter in the mission of achieving justice. Thus, a bibliographical research was carried out from doctrinal books, international documents, articles, theses and dissertations. Therefore, the work aimed at broad dissemination of the theme for both society and the legal world.