Does Atticus Finch demonstrate the virtues of natural law or positive law theories?
Riyaadh Amanjee
201202174
This essay begins with an outline of natural law and positive law. It then goes on to analyse whether Atticus Finch demonstrates values of positive or natural law. This analysis is achieved examining the virtues, behaviour and characteristics of Atticus Finch, the appropriate theory of law and the criticism which it has received. The essay then concludes by ??????
Legal positivism is generally based on the principle that Law and morality is distinct and that the validity of a rule depends more on its sources, while Natural law would be more inclined to favour features of reasonableness and the link between morality and law. There are two predominant groups of legal theorists being, Natural law theorists and Positive law theorists, John Austin and HLA Hart
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Atticus displays these characteristics of positive morals, dignity and fairness by defending rape accused Tom Robinson and trying to provide him with a credible defence against the wishes and social norms of the community, however Atticus Finch abided by the social norms of the community while livingin a racially segregated community, carrying on with his day to day life in such a community, while using “white only” parks and white only buses without directly challenging the racist legal system and Atticus Finch did not dispute the fact that Tom Robinson is tried before an all-white jury and that it was fairly reasonable to assume that they would convict him of rape as a predetermined outcome on the mere fact that he was a black man and she was a white
Atticus is a credible man, he has a lot of ethos, and when he says something this strong you should accept it. Jem is talking to Atticus about Tom’s trial, and how they convicted him on circumstantial evidence, he doesn't believe it's fair to convict on circumstantial evidence, Jem believes that for a person to be sentenced to the death penalty, there should be one or two witnesses to the crime. Atticus is usually a voice for hope but, plainly says racism is a fact of life. Atticus also believes that when a conflict comes down to race, men lose their heads and are no longer reasonable and rational. “Whenever a white man does that to a black man, no matter who he is, how rich, or how fine of a family he comes from, that man is trash “(295). Atticus defines 'white trash' as the men who as they grow older grow more bitter and cheat black men, the low-grade white man who takes advantage of the Negro’s ignorance. Atticus has lived a long time and has seen white men cheat and judge black man every day. This quote shows my theme because, after Tom Robinson's trial, Tom was clearly innocent, but because of the racist jury and their prejudice opinion, he was found guilty of rape. What Atticus means, is that no one should be judged or discriminated, for any reason, whether it is skin color, religion, or that person's background. If you judge other people, it doesn't show what kind of person they are but, what kind of person you
Atticus shows true courage by defending Tom Robinson, a black man charged with the rape of a white woman. Atticus continues to fight for justice despite knowing he can’t win the case because he is
Atticus was assigned Tom Robinson in the case against Bob Ewell, and in the process he was an example to both his children and the town as an honorable lawyer. When Bob Ewell brought a case to court claiming his white daughter had been raped by black Tom Robinson, almost everyone assumed the jury would charge Robinson guilty; however, Atticus hoped for a different outcome. Atticus firmly believed his client was innocent, contrary to the public’s beliefs. Because Atticus was highly respected as a lawyer, this case caused a riff between the town. As Tom awaited his trial in the county jail, Atticus spent the night guarded the door to the cell. A group of perturbed men soon ambushed Atticus and demanded to see the prisoner. “You know what we want,” another man said. “Get aside from the door, Mr. Finch (153).” In this situation, Atticus displayed honor through risking his life so an innocent black man was not killed. Even though he lost respect among his some neighbors, Atticus was honorable in his actions and stayed true to
Atticus Finch demonstrates his words of, "You never really understand a person until you consider things from his point of view - until you climb into his skin and walk around in it," throughout the novel. For example, Mrs. Dubose always speaks poorly of Atticus and all the decisions Atticus decides to make. However, Atticus is always looking for ways to excuse her poor behavior and even goes as far as making Jem read to her and complimenting her every time he sees her. This does not stop Mrs. Dubose from deteriorating Atticus's reputation and character until her death. Atticus also uses the Golden Rule when he decides to help the case of Tom Robinson, an American African accused of rape. Atticus treats Tom Robinson how he would want to be treated. Atticus knows he is going to lose th case due to the extensive amounts of racism in the county. However, this does not stop him from trying his best for Tom Robinson, as he would want others to do for him if he was
Atticus Finch was involved in a very controversial case that arrived in Maycomb county. During this case, Atticus, a white man, was chosen to defend a black man named Tom Robinson. Tom Robinson was accused of raping and abusing a white female, Mayella Ewell. In the 1960s, southern life was divided between colored and non colored people. Atticus’ challenge was to convince the white jury and a white judge that Tom Robinson was shall not be pleaded guilty. This challenge was difficult to complete, hence why Atticus was unable to convince the jury even though he put up a good fight. Within that fight, he used different types of appeals that were able to persuade the jury in a variety of ways. Atticus used the appeals of ethos, logos, and pathos
Atticus Finch to many readers can be considered as a righteous and selfless person. As a just lawyer, he only fights for justice and chooses to do the things that are proper in God’s eye and law-abiding. In the novel, Atticus Finch had done the things that other whites wouldn’t do, which is to become a defense lawyer for a black man. In a racial society, it can be
Undoubtedly, one of the most controversial subjects in Harper Lee’s To Kill a Mockingbird, would be whether or not Atticus Finch should have defended Tom Robinson. However, in order to understand this controversy, a person must first be able to understand Atticus Finch himself. Atticus as a character is a very intellectual person who possesses the fortitude to stand up for whatever he believes is right and will not let other people’s choices affect his own. Furthermore, it is also important to understand that Atticus is not a racist, nor does he approve of the idea that one group of people are better than another based on their appearances in general, and because of this, a person can generalize that Atticus’s characteristic traits are why he did not complain when given the task of defending a black man, Tom Robinson, who had been wrongfully accused of raping a white woman. A man that he, as well as a small group of other people from town, viewed as the picture of innocence. In their eyes, Tom was no more than a mockingbird, “[and mockingbirds] don’t do one thing but make music for [people] to enjoy” (Lee 119). Knowing this, anyone with a reasonably strong sense of what is right and what is wrong can conclude that it does make sense for Atticus Finch to have taken the case due to his belief that it is a sin to kill the innocent as well as his courage that allows him to stay true to his ideas, even though when taking the case, he was inevitably going to be putting his
The first part of To Kill A Mockingbird introduces the Finch family and their daily lives. The father in the family is an attorney whose only care is the moral rights of others. His views aren't biased or prejudice, he only sees humans who deserve as much respect as they should. He gets a case of a black man being accused of rape towards a white woman. He explains to Scout as this, “..but there’s been some high talk around town to the effect that I shouldn’t be defending this man (Lee 75).” Ever since Atticus has been appointed to the Tom Robinson case, most of the conservative white people in Maycomb County found it a little dishonoring since the defendant was an African American. "Simply because we were licked a hundred years before we started is no reason for us not to try to win," Atticus said (Lee
This is the major difference between positivist and natural law thinkers. Natural law is the combination of laws and morals while legal positivism is the seperation of laws and morals. Legal positivism declares that morality is irrelevant to the identification of what is valid law and that the criteria for the validity of a legal rule or law in a society is that it has the warrant of the sovereign and will be enforced by the sovereign and its agents. Raz, a positivist, stated that ‘the validity of a law can never depend on its morality’ 6 Positive law or positivism is
Regardless of one?s race or colour, Atticus has a fair attitude towards all people. Early in the novel, a black man named Tom Robinson was accused of raping a white woman. Atticus took on the case to defend Tom without another thought simply because he treats everyone
Atticus Finch is trying to defend Tom Robinson (a black person) from being charged of being tempted by a white person. This brings up point number one that just because Tom is black that he can be put into court and then jail just for being purposefully led on and kissing a white female. Had a white man been up on the block, the man would have gotten little to no punishment while
Atticus is the town’s most respected lawyer. He is not wealthy, but he is well off in the community and is very kind towards everyone. As a single parent, he faces the world, raising his two children with his maid, Calpurnia, who experiences better conditions and responsibilities than other African Americans of her time, due to Atticus’ beliefs. He has a reputation for being an open-minded, fair man, and a unique personality that is overflowing with honesty. He has been assigned a case of defending a black man who is apparently accused of rape. Now Atticus is both loved and unloved by the townspeople. Since they live in the South during the 1930’s, Atticus gives a lot of advice to his children, Scout and Jem. Atticus tells Scout and Jem that they should not say anything about a person especially when they do not know that person. Atticus describes what he means in a quote “You never really understand a person until you consider things from his point of view – until you climb into his skin and walk around it”(Lee 39). Atticus defends a black man named Tom Robinson, who is accused of raping a girl. Atticus has the confidence and the courage to defend Tom and prove that he is innocent. Scout does not believe that her father is nice enough or has the courage to defend Tom. Atticus proves that
The second section of the novel shows that Atticus Finch defended Tom Robinson, a black, Negro man charged of the rape of a white girl. Tom was known as a respectable, reliable and hard-working man. He had never shown disrespect of any kind to anyone and until this point, he was known as an innocent man. The
In recent literary history, perhaps the strongest contender for the one character that has had the greatest influence on a generation is Atticus Finch, father of the protagonist in “To Kill A Mockingbird”. Both as a father, and a lawyer, he has served, and still today serves as a pillar of righteousness and morality. The ability for his morality to translate to all people, across ages, races, and cultures, is a feat preformed by Harper Lee in her masterpiece, “To Kill A Mockingbird”. She establishes Atticus Finch as the moral center of the novel by juxtaposing his actions and the relationships with those of the majority of Maycomb. In doing so, she has made him a cultural, and oftentimes personal icon.
Legal positivism formulated by English jurist John Austin characterises the system of laws, the existence of which, is dependent on social facts . Positivism accepts the Separation thesis- that there is no necessary connection between law and morality . To this end, it denies any necessary moral criteria of legality . Furthermore, it does not necessarily accept that moral principles can directly determine whether certain rules are valid law, as naturalism does .