TOPIC: WAS IT POSSIBLE FOR TOM ROBINSON TO RECEIVE A FAIR TRIAL IN A FICTIONAL TIRED OLD TOWN OF MAYCOMB ALABAMA?
Bonginkosi Ntuli
2011 49995
Introduction
The social and racial conditions that prevailed within the “tired Old town” of Alabama greatly influenced the outcome of the rape trial against Tom Robinson. The purpose of this essay is to discuss whether it was possible for Tom Robinson to receive a fair trial in the old town of Maycomb. This will be done by discussing the Critical Legal Studies, particularly the Critical Race Theory in relation to the racial inequality that was in existence in the old town of Maycomb.
The Critical Race Theory
The Critical Race Theory builds from the insights of two historical movements, the Critical Legal studies (CLS) and Radical Feminism . The CLS theorists hold that the law is an illusion that needs to be stripped away; a deeply contradictory and illegitimate system that marginalises or excludes certain perspectives, at the same time as it masks and sustains oppressive social relations .
According to Delgado and Stefancic, the Critical Race Theory (CRT) is a
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Atticus’s decision to defend Robinson raised and attracted a lot of criticism and anger towards him from the white community of Alabama. This is evident where Cecil Jacobs announced in the school yard that “Atticus Finch defended niggers” . When Scout mentions the name “nigger defender” to Atticus, he said to Scout, “Don’t say nigger, that’s common” . By reprimanding Scout in this way, Atticus is showing that the statement was racial and unacceptable. It is evident that calling black people niggers comes as an influence from the racial inequality in the Maycomb white community. However, despite the criticism, Atticus willingly defended Tom