Faculty of Commerce textbook and drama "The Merchant of Venice"
I found at the library a textbook used in a course called "Introduction to Business Law" in the School of Commerce at Waseda University, which I mentioned in my previous article "I hated simultaneous-type classes," so I borrowed it and read it.
The 3rd edition is now used in classes, but the one in the library was the 2nd edition. The 2nd edition was sold on Mercari for 500 yen with the comment that it was in a write-in condition.
I am not familiar with commercial science, but I think the content of this book is probably basic. Even to the point that if I read it all the way through, I would probably get drowsy.
However, there was such a passage in it.
However, two aspects of the play have been identified as problematic: the application of the law and discrimination against Jews. So I looked at the problematic parts of the original play.
Let's look at two Japanese translations for this. I wonder why the translation is so different compared to the original text.
In the Kadokawa Bunko version, the scene in question is written as follows. The speaker is not unified, being either Shylock or a Jew. I am not sure if this is intentional or an oversight by the editor.
In the Kobunsha Classic New Translation Bunko Edition, the scene in question is written as follows. The judge (Posha) says "wait, Jew", but in the original text above, it's just "Tarry". In addition, here, act is translated as a testimony, but this is supposed to be a law.
First, from a legal point of view, it has been pointed out that this famous ruling is problematic.
If you search the internet, you will find many articles about the legal issues of this play (Yoshiaki Sato "The Merchant of Venice" and the Legal Issues, Toshitada Nihonmatsu "Understanding the Court Scene of Shakespeare's Merchant of Venice", etc.) ..
Let me give you one example. According to the Wikipedia article I mentioned above, Jhering mentions the following in "Der Kampf ums Recht" (The Struggle for Rights, 1872, translated by Junichi Murakami (2000, Iwanami Bunko)).
On the other hand, there is a theory that the judgment is unjustice from a modern point of view, but it was not unnatural at the time when this play was written.
There is also a commentary article by a law firm that explains legal interpretation. In this play, it is pointed out that the judge's interpretation of the law may be arbitrary.
I don't think it is appropriate to simplify and adopt such a play with legal debate in a textbook of commerce. It seems to be a bad example of a scholar who is familiar with commerce but not with basic knowledge of law.
In fact, the textbook states, "When I explained this to several British people, including a barrister, their reaction was that they had never heard of it before."
Upon hearing this, the textbook author should have noticed something was wrong and confirmed with them. It's even worse because he has talked to a few people, not just one opportunity.
Another issue is the explicit portrayal of Jewish discrimination. The Judge says that if a Jew sheds a drop of Christian blood, all land and property will be confiscated by the law of Venice. In that sense, this judge is an unpleasant character who lifts and drops a person.
Commerce textbooks do not mention that Shylock is Jewish, but the play clearly discriminates against Jews (both of the two Japanese translations treat Shylock as if he were a representative of all Jews. In the original, Graciano refers to Shylock as "Jew").
There will be Jewish students in English schools, so I think it would be very nerve-wracking to teach this play. Considering the possibility of Jewish international students at Japanese universities, it would not be necessary to exemplify "The merchant of Venice" in business studies textbooks. There are many better subjects, even if you don't go back to such an old drama. In that sense as well, the author of textbooks are lacking in study. Perhaps the author even reused the materials he learned when he was a student.
As I wrote in a previous post, the teachers in this course seem keen to see if there are any irregularities in their students' online learning. However, it seems more problematic to write a textbook without even considering this level of detail.
I went to the bookstore to see if by any chance the latest third edition of this textbook had been corrected. However, this section had not changed at all since the second edition.
I do not know when the first edition of this textbook was published, but the second edition was published in 2017. For at least 5 years, this section has remained the same. I wonder if any of the students noticed and did not point it out.