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Law and Literature: The Legal and Moral Issues of Our Time

Introduction

DISCLAIMER: THIS ARTICLE DOES NOT NECESSARILY PROMOTE THE VIEWS, THOUGHTS, OR OPINIONS OF LEGALFLIP.COM. THIS ARTICLE IS AN EDITORIAL.

Some stories, although set in the past, transcend the test of time and affect future generations in a significant way. The issues that they address and the characters that the authors use to confront those issues speak to modern day society, and the trials and tribulations that we deal with today. Of all of the books that are part of the educational culture in America, one book stands apart from all others: Harper Lee’s To Kill a Mockingbird. Among some of the issues addressed in this novel are racial injustice, the loss of innocence, and moral foundation.

First, let’s explore the issue of racial injustice through the character of the accused: Tom Robinson.


Racial Injustice

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With regard to racial injustice, Tom Robinson is charged with the rape of a young white girl, a crime that he did not commit. Through the legal expertise of his seasoned attorney, Atticus Finch, the evidence slowly begins to point away from Tom Robinson, and the audience slowly becomes aware that he is, in fact, an innocent man. Despite this revelation, the jury, after deliberating for quite some time, chooses to convict Tom.

Both the reader and the characters in the novel know very well that Robinson’s conviction rests entirely on the fact that he is an African-American man. In the Deep South, and in an era where the color of your skin meant everything, this was not uncommon.

Although the days of slavery were long gone, the biases and prejudices against individuals like Tom were still very real obstacles that they faced throughout the course of their lives. It is in this moment that Harper Lee is able to convey a strong message to the reader: not even the law itself can save every innocent person. The outcome of a defendant’s case can depend entirely upon factors such as the personal biases of the jury members, the expertise of your attorney, and even the color of your skin.

Today, racial injustice is still an issue with which society must deal. If you walk into any courtroom in which the purpose is to determine the guilt or innocence of a person, whether it be a traffic violation or a murder, the majority of people sitting in those courtrooms are not Caucasian.

In To Kill a Mockingbird, Harper Lee’s tale with regard to the Tom Robinson trial serves as a warning to future generations: when the legal system is flawed because it is interpreted through the biases of the current generation, then justice will not always prevail. Innocent people will be stripped of their God-given right to life and liberty, and guilty people will be permitted to roam the streets freely, never being held accountable for the wrongs that they committed. This allows crime to continue, like a vicious cycle.

This novel should be used as a lesson—a useful tool, if you will. We cannot allow an immutable characteristic such as race to seep into the legal system and destroy the foundation on which our country rests. If society allows this to happen, then we will cause the downfall and demise of our own selves.

Next, let’s look at the loss of innocence in both the legal system and in young people today.


The Loss of Innocence

DISCLAIMER: THIS ARTICLE DOES NOT NECESSARILY PROMOTE THE VIEWS, THOUGHTS, OR OPINIONS OF LEGALFLIP.COM. THIS ARTICLE IS AN EDITORIAL.

Another important theme in To Kill a Mockingbird that transcends the test of time is the loss of innocence. The loss of innocence is apparent in both the wrongful conviction of Tom, and in the loss of the pure and unassuming thoughts and beliefs of Atticus’ children, Jem and Scout. Through the trial the children first see how a characteristic such as race can be the determining factor is how society views and judges a person. Race alone can determine your innocence, and this discovery shakes the children (particularly Jem) to their core.

At the conclusion of the trial, Jem asks his father how the jury could convict, knowing that Tom was innocent. Atticus replies, "I don’t know, but they did it. They’ve done it before and they did it tonight and they’ll do it again and when they do it—seems that only children weep" (243). This statement stands as a symbol of the loss of innocence. Not only does Tom lose his innocence from a legal standpoint, but Jem loses the innocence of his childhood and of his pure, untainted thoughts and beliefs. Both Atticus and Jem realize that innocence is not an uncontaminated concept. It is tainted by the biases and prejudices of society.

In Atticus’ statement to Jem, he states that the jury will do it again. And juries have done it again. Not only will juries do it again, but we allow such tainted beliefs to control how people measure up in the community today.

In our modern day society, we need to recognize that past beliefs will affect how we operate in the present. For example, although segregation and the right to discriminate on the basis of race are legally long gone, they are still very real issues that we deal with today. Crime is high in the inner-cities because they are mainly populated by minorities who cannot afford to live elsewhere. Young children who are raised in such places lose their innocence at an early age. They become exposed to evils such as crime and drug use, and their view of the world and of the law becomes tainted. Yet, they know no differently. To them, this type of lifestyle is normal, and it is usually the only lifestyle that they will ever know. Innocence, in a nut shell, is completely dependent on both the era and location in which you live. A different time frame and a new zip code could change the definition of "innocence."

Next, we’ll explore the difficulties in building and maintaining a moral foundation, especially in the legal profession.


Lawyers and Morals: Oxymoron?

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Another poignant symbol in To Kill a Mockingbird which has transcended the test of time is Atticus Finch as the moral hero of the story. Atticus is a pillar of moral goodness who works against the prevailing social norms to maintain the honorable foundation on which he stands. For example, when discussing the Tom Robinson case with his daughter, Atticus says, "Scout, I couldn't go to church and worship God if I didn't try to help that man" (120). Atticus knows that in order to stay true to himself as a moral human being, he must do everything in his power to help a man in need, even if the odds are against him. Atticus is subconsciously aware that if he begins to walk down a path that veers away from adhering to moral goodness and advocating for the truth, his foundation will begin to deteriorate, and his own thoughts and beliefs could become tainted by the social norms.

Today, it is clearly a struggle to maintain a balance between your morals and the beliefs of society. I believe that Harper Lee’s use of Atticus Finch as the moral pillar of the story speaks to lawyers in today’s world. Advocating on behalf of the pure truth may directly conflict with the beliefs of society and the prevailing social norms. This can be difficult because straying from the norm may cause society to view your practices in a negative way.

Advocating for the pure truth could generate an unfavorable public opinion about you, and in small legal communities reputation can mean everything. Harper Lee speaks to lawyers today through Atticus: regardless of the constraints that society places upon us, it is our duty to seek the truth, and to do our best to allow real justice to prevail.

Finally, let’s wrap this editorial up by going over a few key points.


Conclusion

DISCLAIMER: THIS ARTICLE DOES NOT NECESSARILY PROMOTE THE VIEWS, THOUGHTS, OR OPINIONS OF LEGALFLIP.COM. THIS ARTICLE IS AN EDITORIAL.

In this editorial, we’ve explored the issues of racial injustice, the loss of innocence, and moral foundation, as set forth in Harper Lee’s timeless novel, To Kill a Mockingbird.

Some stories, although set in the past, transcend the test of time and affect future generations in a significant way. The issues that they address and the characters that the authors use to confront those issues speak to modern day society, and the trials and tribulations that we deal with today.



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