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LAW ,LAWYERS AND JUSTICE IN AMERICAN MOVIES INTERNAL

ASSINGMENT -1

SUBMITTED TO:

PROF. RAMIN JAHANBEGLOO

BY ANNA BHATIA

CLASS: B.COM LLB –C SECTION

STUDENT ID: 21011594


Introduction

From the time you have self-awareness as human there is always a dialect between self and
the other, “I am free because we both are free” and not “I am free because other is a slave” .
The notion of ‘Otherness of the Other’ signifies the way in which a society classifies
individuals to distinct groups depending on certain attributes that include race, caste, colour,
or gender, frequently considering these persons inferior to others. It is colloquially know as
‘femineity’ of the female, ‘blackness’ of the black person, ‘dog – ness’ of the dog.
This equation creates a complicated system of checks and balances while preserving the
concept of ‘Otherness of the Other.’ As a result, it establishes an obvious split/friction among
those labelled as “others” and the remaining members of society, which is reinforced by
powerful people of the society(in most cases whites).Moreover problems like unawareness,
poverty, illiteracy and radicalism leads to social tensions.

These movies revolve around the concept of hero lawyers and how they use the law to change
the society. They see the bigger picture and view not just the court of justice but the entire
world as their audience. Their characteristic shared by hero lawyers is the ability to have
profound compassion, which means they are adept at being empathic and recognizing
instances of the otherness of others. To understand the movies, the viewer needs to
understand what makes the ‘other’ different from the so-called mainstream society.

Transformation of the characters through the movie

Bobby DeLaughter, in Ghosts of Mississippi, is a story of a lawyer who portrayed the strong
principles of the judicial system by going against his community and prioritizing his duty as a
lawyer. He had to divorce his ex – wife not only because fighting of that a case was affecting
his family life but also due to the outdated and racial principles that she believed in. A
varying degree of self – transformation was seen in DeLaughter when he says to his ex –
wife, “I have changed. But you have not changed”.What he meant was that he understood the
otherness of the other while his ex – wife was still captivated /became prey of the orthodox
believes. He also went against his mother, a moderate white supremacist who thought that
“while she does feel sorry for what happened to Medgar Evers, she believes that it was
necessary since he was attacking their way of life.”

He believes that it’s never too late to be right. Even though the killer was sentenced free even
if he comes from a community that’s racist. He has the courage to reopen the case, collect all
the tampered evidence and go against his community. For the same purpose he made
trustworthy relationship with the widow (as he ignored the otherness of the other). Here we
can see the othering from Blacks side as well when the widow is reluctant to form relations
with DeLaughter and thus refrains to give some important pieces of evidence to him. He
called her every Friday to bridge the communication gap which reflected to bridge the gap of
ideologies between the blacks and whites. skepticism can be felt from Mrs. Evers, as she says
that “All white men are the same”, this shows that she did fall prey of otherness of the other
but eventually with the help of DeLaughter was able to overcome that feeling. Thus,
becoming an equal part of the fight against injustice

In the movie when the governor of the city came and shook hands with the accused clearly
depicted the bureaucracy, discrimination within the corridors of power favoritism and
prejudice in judicial system. The legal system emitted the feeling of otherness of the other
and marginalized/ segregated the blacks from meeting the ends of justice. By the end of the
movie the widow got justice and the state of Mississippi transcended from bring a very racist
state to an empathetic, impartial and equitable state towards blacks.

Marshal is based on true story that portrays the concept of dual exclusion. Since Marshal is
black and Friedman is a Jew. There is transferability of otherness of the other i.e.: they
understand otherness despite being in different categories. Marshal molded Sam through his
self-confidence, solidarity and empathy. Initially Sam refuses to be a part of a trial as he was
scared that people would go against him and there will threat to his family. But then he learns
the law and practices in the court. When in the court he is offered a deal, he simply refuses
and that’s when he receives the biggest compliment “you are like your black friend”.
Determining that the two can walk together and get through any prejudice. Marshall never
presents himself as a lawyer but a civic character. Thus, he never says, that I’m a lawyer but a
man who’s here to fight for justice of black man.in the beginning Sam did not understand
what he’s talking about but later realizes that Jew and Black suffer the same way in the
society and they need to collaborate. At the end Sam gains new conception of reality as he
thinks law as a weapon to change the society.

In the movie A Time to Kill, there was a self – transformation observed in the character of
Jake Brigance who was a conventional white male with the belief that since he was helping
some black individual in his capacity as a lawyer. He, however, was under the false
impression that he had a profound understanding of the discrimination that the black
community actually have to go through on daily basis. But this proved not to be the case
quickly as the movie progressed. While tracing Brigance’s as was helping Carl Lee Hailey
who had killed his daughter’s rapist in an open court building. Carl Lee Hailey made him
realise that they are in fact two different people essentially functioning and living their lives
in two different realities, and Brigance has never once tried to cross the imaginary line that
separates these realities to understand the reality of a black person’s life. He had encouraged
Brigance to think like an ordinary white man so as to win the favour of all – white jury that
sat for the trial of Carl Lee Hailey. “Well, you are white and I'm black. See Jake, you think
just like them, that's why I picked you; you are one of them, don't you see? Oh, you think you
ain't because you eat in Claude's and you are out there trying to get me off on TV talking
about black and white, but the fact is you are just like all the rest of them. When you look at
me, you don't see a man, you see a black man.”

Brigance, by doing what Hailey said not only won the case but also underwent self-
transformation when we could see that he bought his wife and daughter for the party at
Hailey’s house as a potentially a steppingstone to understanding the ‘otherness of the other’,
for the first time. The jurors were also forced to exercise otherness of the other by Jake
Brigance when he asked the jury, in his closing statement, to think of the broken and raped
girl’s body to be that of a white person. “Can you see her? Her raped, beaten, broken body
soaked in their urine, soaked in their semen, soaked in her blood, left to die. Can you see her?
I want you to picture that little girl. Now imagine she's white.”

In To Kill a Mockingbird “I wanted you to see what real courage is, instead of getting the
idea that courage is a man with a gun in his hand. It's when you know you're licked before
you begin, but you begin anyway and see it through no matter what”. Although, Atticus knew
his chances of winning the case were narrow and slim, he nevertheless took the case as it was
the right thing to do. Atticus had a moralistic approach to life. He had an ethical code which
was very religious and he was unwilling to break it for anyone. He is a man who provides
nurturing . He makes it clear that he would defend Tom Robinson to the best of his abilities
and is willing to break the dictates of Maycomb’s society. He faces a lot a backlash due to his
decision but stands his ground. He says, The one thing that doesn't abide by majority rule is a
person's conscience. “This statement emphasises that having a personal conscious is going
against the current if that is what your conscious demands. If an individual fails in this quest
he can be said to have no conscious at all. A person should respect other people opinion but
should remain true to oneself. However, Atticus character does not change consequentially
but subtly. At the end of the movie Atticus’s acquiescence to Heck Tate for the cover-up of
Bob Ewell’s murder shows that he decided to take the path that was the fair and not which
was true. He changed by going against his morals and lying to ensure the best outcome for
everyone. The most major transformation is seen in Scout as she makes a new story from the
otherness of the other as she became a lady with no racial prejudice.

The movie , The Best of Enemies is a great example of the racial and communal tensions
between the whites and blacks . in the beginning CP Ellis did not even speak or sit next to
each other at the table but by the end , due to common suffering about integration of
education that brings them closer. Hence it can be seen that common interest(of integration of
education) translates into positive and constructive civic friendship. In the beginning CP did
not sell his gas to blacks passed racist comments but later it can be seen when he intends to
enter into a dialogue for bridging the gap when he goes to the school and asks for material
information .

A black parent disputes the notion that all parents desire the same things for their children in
a crucial moment, saying, "Black kids have a whole different menu of pain that we can't spare
them from." It feels like helplessness." Later, Ann confides in C.P., a local institution parent
of a kid with Down syndrome, that she understands he, too, experiences moments of
helplessness. She demonstrates her ability to be nice and empathetic to him. And he starts to
view her in a different light in return. In the course of the movie there is a sense of mutual
vulnerability was there in CP’s wife and Ann also built a strong bond Bill Riddick, a black
organizer skilled in facilitating a "charrette." Which shows that law is not the only way to
change society. But engaging in healthy dialogues understanding the otherness of the other
with sympathy and empathy. This resulted in the change of mindset of CP as when there was
casting of vote for the blacks and whites attending the same school , he voted in favour.
Ultimately making CP and Ann friends for life.

The understanding of otherness of the other with respect to future generations.

In To Kill a Mockingbird “Boo” Radley acts as a catalyst for the children in understanding
the “otherness of others”. They develop their understanding of the society and the problems it
has. A society which is willing to kill an innocent man to preserve its prejudices. It has a
tendency of demonising something it cannot understand but the children break free from this
tendency and are able to appreciate and accept the differences they have with others. As Kant
had described maturity is to get out of the self-incurred minority and to be autonomous which
means to not be part of the framework but rather break the framework and get out of it. As the
children break free from the mental ghettos that the society prefers to be in, they become
understanding and mature by the end of the movies who are willing to accept the “otherness
of others”. Moreover Atticus Finch was a phenomenal lawyer

In the Ghost of Mississippi, the transition of the next generation can be seen in the Dixie
Song that DeLaughter sang to his daughter as she was afraid of ghost, but when he wins the
trial, he no longer sings that to her. His heart has always been filled with generosity and
mercy as he mentioned that no one deserves to lose their father. This feeling of empath was
aggravated when he saw his family. Interestingly daughter of Martin Luther King Junior has
played the role of daughter of Edgar. Thus, very ironically the makers of the movie try to
bring out the otherness of the other.

In A Time To Kill, the law put too much emphasis on cases being black-white and this
movie depicts it in multiple ways. When the law doesn’t consider the gray areas, justice is
evaded, and the real victims can be left feeling despondent and disparaged. It is important to
realize that the criminal-victim roles that exist in court can be morally reversed. Such a
realization results in a situation that requires more than an unmalleable rule-based system to
come to a verdict that not only maintains the integrity of the law, but also corresponds with
the morale of the community. Finally, the trial was no longer about color; it was about a
father having sought justice for his brutally raped daughter. This shows how the effect of the
current generation sets a precedent which is just in nature for the coming generations to look
upon.

In The Best of Enemies Ann went to the hospital to look after CP’s son who was suffering
from Down Syndrome. She is not lending a helping hand to get close to CP and gai power but
because she is too a mother and has a good heart. She even introduces her daughter who
regarded him as a monster, had Ann been completely racist/anti-white she would not have
introduced the next generation to a radical person in the society. Martin Luther King said that
if whites don’t know how to love to teach them how to love. Hence, she is a good Smartian
trying to persuade the next generation to transcend all bad feelings. when CP’s gas station is
not earning him much revenue, she encourages the other half of the town ie: the blacks to buy
for him. hence, he could support his family. Another imperative role is played by education,
the movie also revolves around the dispute of integration of education. Blacks think that
education is the only way to empower themselves in a white country. They consider that
educated black population will open the doors to freedom, liberation and a better future to the
uneducated.

In Marshall, he looks at the bigger picture thus he calls the entire would his audience and not
just the court. he is wholeheartedly accepted by his community, and they have huge respect
for him. He is proud of his profession as he brings his books for reference to the court. He
thinks he can inspire the future generations to continue the change and claiming their right to
freedom, dignity and liberty. The right that he stresses on is right to privacy that “it’s not an
affair of the state to be in the bedroom of citizens”. Consequently, him becoming an epitome
of empathy, kindness and vision for bright future.

Conclusion

Otherness of other cannot be approached by no effort of empathy , sacrifice and


understanding. In the movies at hand, the ‘otherness’ of the others is mainly in relation to
race, wherein black people or African-Americans are prejudiced against in society and treated
as inferior or lesser by the Whites, due to their ‘different’ skin colour. A broad commonality
between the plot of these movies is that they are all set in the Southern States of the USA, in
which there was a certain injustice committed against a ‘black’ character, who was either the
victim or the accused, each of whom had a White lawyer rising up to the occasion to seek
justice for the black man, despite facing opposition from families and friends, and common
societal perceptions altogether. One needs to be empathetic and according to Kill a Mocking
Bird the inspirational quote “You never really understand a person until you consider things
from his point of view. Until you climb inside of his skin and walk around in it.” – Atticus
Finch, To Kill a Mockingbird. That deepens the viewers understanding of otherness of the
other.

There are few ways to combat otherness of other Acknowledge and challenge personal biases,
Think for a moment about your own prejudices. You break down the barriers of Othering by
first admitting their existence. Cultural open-mindedness, accepting cultural modesty. Discard
the notion that your approach is intrinsically better and acknowledge the significance of
different viewpoints. Mindful language, language is important. Consider the ways in which
your words could reinforce othering thus select language that promotes diversity and stays
away from reinforcing negative preconceptions. Recognising intersectionality, since identities
are complex and multidimensional recognising that people might identify with more than one
group depending on different facets of their identities. Speaking up and avoid being a silent
observer. When you witness biased behaviour one must call it out. Making Othering socially
undesirable helps to build a more accepting society.

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