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Posts Tagged ‘Atticus Finch’

Atticus Finch: Still a Hero?

In America, American History, American Literature, Arts & Letters, Book Reviews, Books, Fiction, History, Humanities, Literary Theory & Criticism, Literature, Scholarship, Southern Literature, The Novel, The South, Writing on October 21, 2015 at 8:45 am

Allen 2

Despite blots on his character after Harper Lee’s publication of Go Set a Watchman, Atticus Finch can and probably should remain a hero, though not without qualification. He can no longer represent the impossible standard of perfection that no actual person or compelling fictional character could meet.

If it wasn’t clear before, it is now: Atticus is a flawed man who despite his depravity found the courage and wisdom to do the right thing under perilous circumstances.

Consider what Uncle Jack says to Jean Louise Finch in the final pages of Watchman: “As you grew up, when you were grown, totally unknown to yourself, you confused your father with God. You never saw him as a man with a man’s heart, and a man’s failings – I’ll grant you it may have been hard to see, he makes so few mistakes, but he makes ‘em like all of us.”

These words are aimed at adoring readers as much as at Jean Louise. They’re not just about the Atticus of To Kill a Mockingbird; they are about any Atticuses we might have known and loved in our lives: our fathers, grandfathers, teachers, coaches, and mentors. Lee may have had her own father, A. C. Lee, in mind. After all, he was, according to Lee’s biographer Charles Shields, “no saint, no prophet crying in the wilderness with regard to racial matters. In many ways, he was typical of his generation, especially about issues involving integration. Like most of his generation, he believed that the current social order, segregation, was natural and created harmony between the races.”

Yet A. C. Lee defended two black men charged with murder, just as Atticus defended Tom Robinson.

The above text is an excerpt from my essay “Children Once, Not Forever: Harper Lee’s Go Set a Watchman and Growing Up,” published in the Indiana Law Journal Supplement, Vol. 91, No. 6 (2015). To view the full essay, you may download it here at SSRN or visit the website of the Indiana Law Journal.

 

The Lawyer as Rationalist

In Arts & Letters, Conservatism, History, Law, Philosophy on April 17, 2013 at 8:45 am

Allen Mendenhall

The rationalist lawyer does not disparage an ideal on the grounds that it does not work or cannot be tried.  “He has no sense of the cumulation of experience,” Michael Oakeshott bemoaned of the rationalist, “only of the readiness of experience when it has been converted into a formula: the past is significant to him only as an encumbrance.”[1]  The lawyer is a rationalist insofar as he is interested in a past that supplies him with the precedents and procedures that steer his practice and win his battles; such a past is an encumbrance because it never exists in the pure form that the lawyer seeks and needs.  Therefore, the lawyer must push against the past, reinvent it, stretch it, mold it into a usable form; the past, for him, is a religion of malleability: to be faithful to it is to rewrite or reinterpret it.

The lawyer, being a rationalist, minces words and retards conventions to achieve the goals that benefit him and his client, paying little regard to whether his chosen grammar and syntax will impair the harmony of the community.  He is trained, not educated; progressive, not conservative.  His aim is to innovate in the service of short-lived victories.  To be a good lawyer is not necessarily or even usually to be a moral or thoughtful person; it is to zealously represent the client by aligning the law with the facts of the case as they have been filtered through the minds and mouths of the parties.  It is to prevail by fusing abstract rules with secondhand information.  The lawyer, accordingly, is intelligent—highly so—but not honorable or ethical.  He is, in short, a repository into which filtered discourse flows, and through which discourse is enunciated into the machine of the system for further processing.

“[H]aving cut himself off from the traditional knowledge of his society, and denied the value of education more extensive than a training in a technique of analysis,” Oakeshott persists of the rationalist—or, for my purposes, the lawyer—“is apt to attribute to mankind a necessary inexperience in all the critical moments of life.”[2]  Hence the trouble with the lawyer: his ambition is rarely tempered by his inadequacies, his analytic mind seeks out models for the mastery of human behavior, his poise in the face of adversity betrays his naiveté, his reliance on his own intents and purposes for action (rather than on those of his ancestors or immediate community) reveals a grave shortsightedness that can lead only to subtle and progressive harm.

Do not misunderstand me: what I call “the lawyer” is an archetype, not a group of named individuals.  The common legal practitioner is not an Iago bent on weaving webs of wickedness with motives only sinister.  But the lawyer archetype, like all archetypes, contains truth.  It is because Atticus Finch is so unlike the typical lawyer that he stands out in our memory and is said to have redeemed the law.  Lawyer jokes did not arise in a vacuum; and the rules of ethics and professional responsibility did not come about because the public considered lawyers to be noble and upright.  So, when I refer to “the lawyer,” I do not mean any one man or woman, nor each and every lawyer, but I do mean to signal (1) the symbol of the lawyer that is based on real patterns of behavior, which are passed from one generation of lawyers to the next; (2) a personality type that can and has been observed in lawyers in different times and places; and (3) a model that lawyers have emulated and perpetuated to their own detriment.


[1] Michael Oakeshott, Rationalism in Politics and Other Essays (Indianapolis: Liberty Fund, 1991), p. 6.

[2] Id. at 7.

10 Literary Lawyers We Wish Were Real

In Arts & Letters, Fiction, Film, Humanities, Law, Law-and-Literature, Television, Wallace Stevens on February 22, 2012 at 8:10 am

Allen Mendenhall

A reader of this site has emailed me to point out a post at Criminaljusticedegreesguide.com.  The post, available here, is titled, “10 Literary Lawyers We Wish Were Real.”  Here’s the list:

1.  Atticus Finch

2.  Rudy Baylor

3.  Perry Mason

4.  Portia as Balthazar

5.  Joel Litvinoff

6.  Horace Rumpole

7.  The Man of Law

8.  Wallace Stevens (a strange selection indeed, since Stevens was real, but the author has put an interesting twist on Stevens)

9.  Henry Drummond

10.  Jake Brigance

Readers should view the article to see why the (unnamed) author believes that these figures “should be real.”

 

Screening Legal Education

In Arts & Letters, Creativity, Film, Humanities, Law, Legal Education & Pedagogy, Pedagogy, Rhetoric, Teaching, Writing on June 15, 2011 at 10:59 pm

Allen Mendenhall

We go to the movies to enter a new, fascinating world, to inhabit vicariously another human being who at first seems so unlike us and yet at heart is like us, to live in a fictional reality that illuminates our daily reality.  We do not wish to escape life but to find life, to use our minds in fresh, experimental ways, to flex our emotions, to enjoy, to learn, to add depth to our days.

 —Robert McKee, from Story

Law school is, in a way, about performing.  From the minute you walk into the building as a 1L, you search for and construct a new identity—one that conforms to your assumptions of what a lawyer is and does.

The first time a professor called on me—Mr. Mendenhall, can you tell us how the judge in this case distinguishes restitutionary from reliance damages?—I panicked.  I knew the answer.  More or less.  But I had no chance to rehearse.  Here I was, before a large audience, a packed house, all alone, all eyes on me.

“Um, yes,” I stammered, apparently suffering from stage fright.

I don’t remember how I answered—not precisely—but I remember taking a deep breath, feigning confidence, and pretending to know what the professor expected me to know.  I must’ve sounded silly talking about things I hardly understood; but I must’ve performed satisfactorily because the professor let me alone and interrogated another student.

My first audition.  Read the rest of this entry »

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