Casey van der Merwe
201202300
Although Atticus Finch “has become the personification of the exemplary lawyer in serving the legal needs of the poor”, it has been argued by many that Atticus Finch was nevertheless still a part of a sexist and racial legal system. The question arises whether Atticus demonstrated the virtues of natural or positive law theories. Although Atticus was surrounded by a society as well as a legal system which could be described as old fashioned, sexist or racist, he contributed to none of the town’s norms and expectations as he lived through moral and ethical values which stem from a natural law theory. His actions as well as his lessons were based on natural law even though …show more content…
“In a profession that is usually stereotyped as immoral, greedy and uncaring, Atticus clearly portrayed the greatest moral values which could be described traditionally as recognising the world from a natural law perspective. Atticus depicts the required moral courage that an ethical person should portray when they come face to face with severely defective social norms which are very likely to conflict with natural or even positive law. Atticus was a man who, regardless of what was to be thought of him or regardless of the scorn he was to be shown by his decision to defend tom Robinson, fought for an innocent man’s rights to be respected as much as the right’s that white persons held. To Atticus, it was not about what the legal system portrays to be right or wrong or what was to be or not to be, it was about what was morally right in his own regard and not failing to be the moral person that every decent lawyer in a modern society should strive to …show more content…
Positive Law Theory”, Academia, 2012, retrievable at: http://www.academia.edu/1876870/Natural_Law_Theory_VS._Positive_Law_Theory (visited on 19 April 2015)
• “Natural Law, Positive Law, and Conflicting Social Norms in Harper Lee’s To Kill a Mockingbird”, Selected Works of Maureen E. Markey, 2009, retrievable at: http://works.bepress.com/maureen_markey/2 (visited on 15 April 2015)
• “Spark Note on To Kill a Mockingbird”, SparkNotes LLC, 2002, retrievable at: http://www.sparknotes.com/lit/mocking/ (visited on 18 April