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Relationship of law with society
Relationship of law with society
Relationship of law with society
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Moral rightness and fairness are two alternate ways of saying justice. Justice is defined in a legal dictionary on law.com as “a scheme or system of law in which every person receives his/ her/its due from the system, including all rights, both natural and legal.” There are many different opinions on the law and justice systems in America, many of which are not particularly positive. Law.com also states, one problem can be found in the attorneys, judges, and legislators, as they tend to get caught up more in the procedure than actually achieving justice for the people. While others say that our law system is not interested in finding out the truth, but more criticisms can also be seen in Herman Melville’s story, “Bartleby, the Scrivener.” Melville …show more content…
This can be seen in how the narrator and other lawyers never want to do anything that harms themselves or their reputation. Melville shows us this side of the lawyers when they come to the narrator to help rid themselves of Bartleby and they state, “Every body is concerned; clients are leaving the offices; some fears are entertained of a mob; something you must do, and that without delay.” Then, the narrator decides to help not out of the goodness of his heart but because he is “fearful then of being exposed to the papers.” All the lawyers have no true concerns of what happens to Bartleby as long as he is out of their way. This helps to give the reader some insight into how the law is there to attempt to keep people formed to the society intended where everyone has there place to help society run smoothly and if someone doesn’t conform to this society, they are told that they are breaking the law and must be imprisoned. Therefore, the lawyers decide to call the police on Bartleby and have him thrown in jail for nothing other than his …show more content…
Melville realized this and shows us his criticisms of the law and justice system in America throughout his story. He portrays the lawyers as inconsiderate, self-absorbed people to help show how the law does not care about what happens to people they see useless as long as they can keep society running smoothly. Melville also uses the metaphor of tombs when referencing the jail to show how today's culture does not concern themselves about the fates of the people they send to the prisons. Because the law and culture does not bother about the people they think of as useless, the punishments tend to be harsher than what they should be. All of Melville’s points together help to shine a light onto the the immense flaws in the law and justice systems in
In the beginning of each story, characters are both shown as “ideal” characters in that their characteristics give the characters their first perceived amiableness. In “Bartleby the Scrivener” Melville uses distinguishing characteristics to solely represent Bartleby from the others in the story. He enters the story first, as a response to an advertisement for a position as a scrivener in a law office. Melville states, “A motionless, young man one morning stood upon my office threshold, the door being open for it was summer. I can see that figure now – pallidly neat, pitiably respectable, incurably forlorn!” (Meyer 149). Here he makes it known that just by seeing Bartleby’s presence when he first enters the law office; he is exactly what the unnamed lawyer was inquiring about. He was by far unlike other characters in the story. He had no vices or hang ups, the first presence and his stature, he came their wiling and ready to ...
The principle of justice is to treat others equitably and fairly. Often confused with entitlement, it is providing quality and comparable care to individuals equally. One example of the principle of justice in society is the recent Affordable Care Act attempt to meet the healthcare needs of the
By definition justice means the quality of being just or fair. The issue then stands, is justice fair for everyone? Justice is the administration of law, the act of determining rights and assigning rewards or punishments, "justice deferred is justice denied.” The terms of Justice is brought up in Henry David Thoreau’s writing, “Civil Disobedience.”
Justice is described as “a moral concept that is difficult to define, but in essence it means to treat people in ways consistent with
Herman Melville uses a first person point of view to show the narrator’s first hand fascination with his employee Bartleby, as well as Bartleby’s strange behavior and insubordination.
McCall focuses his argument within the way in which Melville has written Bartleby, The Scrivener, he goes into detail about the comical aspects within the story and uses Melville’s description of Bartleby’s saying “I prefer not to,’ he respectfully and slowly said, and mildly disappeared.” (272). McCall suggests that the adverbs Melville uses, “respectfully” , “slowly” and “mildly” , “create[s] a leisurely little excursion into the uncanny” (279). I agree that the lawyer must have had some wit and good intentions in making the claim about Bartleby up to a point, I cannot accept this fully because many people still believe that the lawyer is unreliable. Most critics within the majority, as McCall reinstates, “believe, “the lawyer is “self-satisfied”, “pompous”…”a smug fool” who is ‘terribly unkind to a very sick man’ “(2660. I disagree with the idea that the lawyer was unkind and Bartleby was sick. The lawyer was fascinated by Bartleby’s responses to the job, and Bartleby, I feel knew exactly what he was doing in stating his responses. McCall acknowledges that “these cure two central problems in the story: the nature of Bartleby’s illness and the lawyer’s capacity to understand it,”
Also, that justice is a certain type of specialization, meaning that performing a particular task that is a person’s own, not of someone else’s. Plato (2007), Polemarchus argues with Socrates in book I that, “Justice was to do good to a friend and harm to an enemy” (335b p.13). Plato (2007) he then responds, “It is not the function of the just man to harm either his friends or anyone else, but of his opposite the unjust man” (335d p.14). His views of justice are related to contemporary culture, because when someone does something that they are supposed to do, they receive credit or a reward for it, but if the opposite of that is performed, by not doing the particular task that is asked, they are then rewarded but with punishments. Also, that justice is doing the right thing in a society. Justice of contemporary culture does not diverge from the views offered in The Republic and Socrates views are adequate, because if a task is not performed the way it needs to be, and is supposed to be a person should not be rewarded for it. Additionally, that an individual should be just not
In Herman Melville’s work “Bartleby, the Scrivener: A Story of Wall-Street”, the idea of a capitalist agenda is intentionally reinforced. This short work tells the story of a lawyer on Wall-Street and those of his employees, but he is particularly fascinated by Bartleby. Bartleby at first a hard worker who divulged tirelessly in his job as a law-copyist begins to “ prefer not” to do what is asked of him. This leads to the lawyer to grow increasingly curious about Bartleby. The idea of capitalist values in “Bartleby the Scrivener” are supported through the way the narrator, the lawyer, presents his employees to the reader, describes meeting Bartleby and Bartleby’s
Bartleby- The Scrivener In Herman Melville’s “Bartleby the Scrivener”, the author uses several themes to convey his ideas. The three most important themes are alienation, man’s desire to have a free conscience, and man’s desire to avoid conflict. Melville uses the actions of an eccentric scrivener named Bartleby, and the responses of his cohorts, to show these underlying themes to the reader. The first theme, alienation, is displayed best by Bartleby’s actions. He has a divider put up so that the other scriveners cannot see him, while all of them have desks out in the open so they are full view of each other, as well as the narrator. This caused discourse with all of the others in the office. This is proven when Turkey exclaims, “ I think I’ll just step behind his screen and black his eyes for him.”(p.2411) The other scriveners also felt alienated by the actions of the narrator. His lack of resolve when dealing with Bartleby angered them because they knew that if they would have taken the same actions, they would have been dismissed much more rapidly. The narrator admits to this when he said, “ With any other man I should have flown outright into a dreadful passion, scorned all further words, and thrust him ignominiously from my presence.” (2409) The next theme is man’s desire to avoid conflict. The narrator avoids conflict on several occasions. The first time Bartleby refused to proofread a paper, the narrator simply had someone else do it instead of confronting him and re...
Bartleby who is part of the name of the story is not even considered the “chief character” of the story, but the lawyer (Melville 1484). The narrator repeatedly references different sources such as Cicero, “his biblical evocations” as well as Trinity Church, “his pride of association with John Jacob Astor” (Dilworth 49). He uses them as ways to explain what he did which may interpret “the guilt the lawyer feels”, if that is what he really feels (Dilworth 50). He may or may not feel guilt, but his actions clearly show his selfishness. The lawyer helps Bartleby because he feels pity, he helps him to feel better and to fulfill his self-interest to go to heaven. He was “predestinated from eternity” and Bartleby was his test (Melville 1502). That must clearly be the reason why the “chief character” of the story tries to help Bartleby. He is a business man seeking profit, he may know he ...
How do we define justice? The dictionary defines it with words like righteousness and fairness. Often times when we hear the word justice, or hear about an unjust situation, we have an instinctual reaction. We all know what justice is, even without a dictionary definition. Justice is a virtue, justice is doing the right thing. But how can we define justice if it is doing what we individually think is the right thing to do?
Natural philosophers of every century of human existence have asked what we owe to each other, society or government. In The Origin of Civil Society, Jean-Jacques Rousseau argued that the only natural form of duty is to one’s family, and all other obligations are based on agreement (57). Henry David Thoreau, in 1849, wrote in Resistance to Civil Government (sometimes known as Civil Disobedience), “it is not a man's duty, as a matter of course, to devote himself to the eradication of any, even the most enormous wrong; he may still properly have other concerns to engage him; but it is his duty, at least, to wash his hands of it, and, if he gives it no thought longer, not to give it practically his support” (143). This sort of conflict, which has accompanied all men at the great changes in society, is what drives conflict in Herman Melville’s Bartleby, the Scrivener. Melville, like the Byzantine architects, crafts a work of art that studies a microcosm of the macrocosm. That is to say, by looking at the relationship between two people, Melville is able to explore the larger context around them, specifically the radical change of society in the mid-19th century. Like Thoreau, Bartleby’s famous word, “I would prefer not to,” send a shockwave through contemporary expectations and give rise to how a person approaches a situation. Bartleby and Thoreau are both transcendentalists, and look to return to a Rousseauian state of nature. They have both arrived there after a journey of self-examination – most definitely in Thoreau’s case, and most probably in Bartleby’s – and their non-conformist attitudes raise questions of what is expected of people with regard to their duty to society and each other. Bartleby in particular makes the nameless...
What is justice to you. Justice is known to dictionary.com as, “the quality of being just; righteoussness, equitableness, or moral rightness”. So how do you define justice. Is it fairness or correctness, maybe it’s throwing all the bad guys in jail. In To Kill a Mockingbird and The Merchant of Venice justice is defined several times in several different ways that open to our eyes if we look through one of the character’s. When looking through a character’s eyes we must take a look at someone’s background hence absorbing their perspective and understanding their
The story of Bartleby was a very interesting story open for many different interpretations. Melville does and excellent job building suspension towards different thoughts as to what caused Bartleby to become an emotionless incapable worker. Here is evidence throughout the story to reflect the kindheartedness of the narrator. After reading this work the last quote “Ah Bartleby, Ah humanity” stood out as a cry of sadness for failing to understand and further assist Bartleby. After the numerous attempts He describes himself an elder lawyer that has his own office with a total of four employees including Bartleby. The narrator takes the time to learn the qualities of each individual not just on a performance basis however, personally as well.
Herman Melville believed deeply in his notion that the common-man receives no justice, only the elite member in a society. Perhaps his belief originated in the society that he lived in, or the situations such as a Civil War, that impacted his viewpoint. Throughout this story, the reader is repeatedly introduced to the consistent idea that the common-man is on his own, and the situations that he encompasses are distorted and augmented as time passes.