MAY CONCEPCION C.

DELOS REYES
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HUMAN RIGHTS LAW

“I have a dream that my four little children will one day live in a
nation where they will not be judged by the color of their skin,
but by the content of their character.”
-Martin Luther King, Jr.

A Time to Kill
(John Grisham’s)

Can empathy co-exist with the rule of law?

The story of the movie truthfully portrays the outstanding

effect of racial indiscrimination in the present and to the future
generation.

The movie is about a story that depicts of a father, in the

person of Carl Lee Hailey, who used to live a simple life with his
family and is away from the public interest. But this was halted
when he soon become despairing and is seeking avenge from
her daughter’s brutal rape and dehumanization. It was
committed by two racist-bigoted men, whom he had shot which
causes their death, while they were on their way to trial. At the
time he shot the two accused, he was not in his normal mental
state. He became a man full of hatred. He didn’t know and
doesn’t bother what the outcome of his actions would be. All he
knows that he wants the two white Americans to pay for what
they did. It is a reaction that is natural which a person will
eventually do if your loved ones are placed in a situation caused
by shamelessness of others.

At the time of the Carl Lee went into trial for the felony he
did, he knows it wouldn’t be fair. Because, the story was even
given more twist by the simple fact that Carl Lee and his family
were members of the “black” race. Carl Lee is a Black American
whom such raise is being treated indifferently in some other
countries. Countries which thought that black persons have no
space to occupy in this world, only white.

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During the course of the trial, Carl Lee’s lawyer (Jake

Brigance) thought of different defenses on how he can make his
client acquitted. Until it came to a point that his lawyer and Carl
Lee has to use empathy as a winning card in a losing battle.
They have the need to let the juries feel what would it like to be,
if they were in Carl Lee’s place. It thus portrays a situation
where it relies on empathy in order for justice to be attained.
Because if not for empathy, Carl Lee could have probably been
convicted for the death of the two White-Americans, special in
a trial where it is attended and will decided by an all-white jury.
Empathy played a vital role as it served as a tool for the all-
white jury to make their judgment. For decades legal scholars
and philosophers assumed the law and its underlying justice
principles are cleansed of emotion, thus allowing reason and
logic to prevail. They now acknowledge that emotions inevitably
creep in and influence legal judgments and decisions by jurors
and judges and at times law’s very substance.1

As lawyers, member of the jury and/or a judge, we should

always bear in mind that our main purpose is to see to it that
justice should always be served. Whether it may be for the
accused, or may it be for the victim. But on the situation on the
movie, how could justice in its very optimal sense be obtained if
at the very beginning you already know that you are going to
fight in a war carrying a stick and your opponents, carrying a
bomb. Carl Lee was helpless then. But no one should not be
taking sides. The judge could have granted for the case to be
transferred to another court or at least not allow to have an all-
white jury because the Law, together with justice, should be
available to anyone who seeks for it without any hesitations,
conditions or qualifications and it should be done, at all times.
Always.

1
Empathy, Justice, and the Law- Martin L. Hoffman

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Racial discrimination is predominant everywhere. Racial

discrimination can also occur when a policy or rule appears to
treat everyone in the same way but actually has an unfair effect
on more people of a particular race, color, descent or national
or ethnic origin than others.2 This was the precise worry of Carl
Lee. Even if there are law punishing the crime committed by the
men who raped her child, he is burdened by the fact that justice
may be denied from them because of their race. Because white
people are given more importance. Not just more, but most
important. Thus, it made him think that they’d better be killed
than evade the punishment of the crime they committed. Hence,
when the trial ensued, through the help of his lawyer, Jake
Brigance, was able to convince the jury that he should not be
convicted because he is just acting as a father that will do
anything, like any father will do, if their child is on a situation
like his. If Carl Lee as convicted, it will just result to an
“emphatic feeling of injustice” which is descried as the feeling
resulting from a victim being treated unfairly.

Carl Lee, his family and all Black Americans were

discriminated of their race. Racial discrimination is any
discrimination against individuals on the basis of their skin
color, racial or ethnic origin.3 People would constantly see the
physical attributes, color, race, sexuality, political views, and
social status of a person. Racial discrimination, like gender
discrimination should be eradicated for all of us in the world
should live with equal rights. We should not side people because
of the indifferences that we have like our physical appearance.
Every human is duty-bound and has an obligation to the next
generation. If we do not act now, what would happen to the
children in the future? Will they be treated equally if they are
fat or If they are thin? If they fight the same battle, would they
win? Why would we not start now? Let at us all stand and fight
for what is right!

In the Philippines, we Filipino’s are lucky enough to have

a law which is supporting the fight against racial
discrimination. Presidential Decree No. 966, also known as

2
https://en.wikipedia.org/wiki/Racial_Discrimination_Act_1975
3
https://en.wikipedia.org/wiki/Racial_discrimination

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“DECLARING VIOLATIONS OF THE INTERNATIONAL

CONVENTION OF THE ELIMINATION OF ALL FORMS OF
RACIAL DISCRIMINATION TO BE CRIMINAL OFFENSES AND
PROVIDING PENALTIES THEREFOR”. This decree provides
that:
“[W]hereas, the Convention provides in its Article 4, that
State Parties, inter alia.
"(a) Shall declare an offense punishable by law all
dissemination of ideas based on racial superiority or hatred,
incitement to racial discrimination, as well as all acts of
violence or incitement to such acts against any race or
group of persons of another color or ethnic origin, and also
the provision of any assistance to racist activities, including
the financing thereof;
"(b) Shall declare illegal and prohibit organizations, and
also organized and all other propaganda activities, which
promote and incite racial discrimination, and shall recognize
the participation in such organizations or activities as an
offense punishable by law;
"(c) Shall not permit public authorities or public
institutions, national or local, to promote or incite racial
discrimination."

If there is an existing law and if preceding provisions are

present when Carl Lee was seeking justice for what had
happened to her daughter, he could not have been anxious
about the justice her daughter deserves. He could not have
killed those who persons who raped her daughter. He could
have not worried of the outcome of his trial in an all-white jury.
Justice and law should be available to every person who seeks
for it regardless of his race. The government should act now.
Legislators should always consider the needs of its people. They
need to observe what are the vital laws that should be passed
upon for everyone’s welfare.

As Lady Gaga said in her song with the title Born this Way-
- “No matter gay, straight, or bi, Lesbian, transgendered life, we
are on the right track and we are born to survive. No matter
black, white or beige, chola or orient made, we’re on the right
track ‘cause we are born to be brave.” It may be as cliché as it
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seems, but the lyrics of the song tells us that the choice is in
our hands. Are we going to make a move and fight to attain our
equal rights? Or just allow indiscrimination to happen each day
of our lives? Let us make the government, the society, and the
people to listen to what we desire. Because at the end of the day,
it is not only for the benefit of the few. It is for the advantage of
every mankind. Let us not wait for another case similar of that
what Carl Lee experienced before we shout and fight for our
equal rights. Equal rights and opportunities that we should
avail at our birthright.

Equality, as I see it, is an unmeasurable word that people

are trying to give a picture-perfect measure in different
instances of life. In the lives of people, every individual has a
different perspective and notion of what equality means.
However, in the eyes of the law, equality always means,
protecting the mistreated and defending the frail.
Again, let us fight or protest if we must, so long as we are
doing it right and just!