Analyze the Statements of Each Speaker - Essay Example

?Running Head: Analyze the ments of each speaker Analyze the ments of each speaker Inserts His/her Introduction Martin Luther King Jr. was a prominent leader in African American movement for civil rights. He was strongly against segregation laws regarding the African American citizens He argued equal rights for all in his speeches. He believed in non violent ways of protest. Views of Martin King Jr. were strongly influenced by his concept of freedom for blacks and whites alike. Living in a society that was based on inequality and prejudice deeply inspired him to think differently about the legal issues concerning blacks like him in the country. George Wallace was the 45th Governor of Alabama and he was strongly in favor of segregation laws. He held opposite opinions from Luther King Jr. on human rights and believed that it was right for white and colored men to be treated differently. His opinion on civil movements was also not pleasing for civil rights activist. He called for an end to these movements. King’s views on Legal Philosophical Issues Natural law is the law that is based on human inclination or nature (Rothbard, M. 2011). Positive laws are manmade laws that are based on the fact that human beings are not inherently moral or rational so laws are required to govern them. Martin Luther King considered natural law to be more legitimate than positive laws. King considered the positive laws of segregation to be incoherent with natural law of freedom and justice. He said “We can never be satisfied as long as our children are stripped of their self-hood and robbed of their dignity by signs stating: ‘For Whites Only.’” (Luther King Jr.). Segregation was supported by law and King argued against it because he thought it was against the natural laws of freedom. Luther King Jr. was of the opinion of St. Augustine that ‘unjust law is no law’ (MacDonald Jr. 2010). He believed that a law that is not based on justice should not be followed by the people. He said “one has a moral responsibility to disobey unjust laws” (Luther King Jr. 1963). It is clear from this that he thought anyone should not obey unjust laws. The laws of segregation are based on injustice and prejudice so they ought not to be obeyed according to King. Law should be used to promote the common good as argued by King. He believed that it was our duty to follow the just laws. Just laws promote the common good among people by listening to the all groups of the society. He says in his speech “Now is the time to rise from the dark and desolate valley of segregation to the sunlit path of racial justice” (Luther King Jr.). So he argues that laws should be changed. When he argues that laws should be changed he must believe that laws can be used to promote common good of the people. Martin Luther King Jr. believed in the non violent ways of protest. He was inspired by Gandhi and his philosophy of non violence. He believed that violence is not justified even if it is done to achieve a just claim. He said specifically “In the process of gaining our rightful place, we must not be guilty of wrongful deeds” (Luther King Jr.). This clearly explains his non violent ideas. He strongly believed that harm done to people even in the course of protest for a just cause is not justified. The legal philosophy of King was to achieve the aims through peaceful protests and not physical violence. King viewed the role of autonomy to be great in determining aims of law. Autonomy was promised by the ancestors of America but this was not given to the black Americans. In his opinion aims of law were to promote autonomy but later on the society developed its own biases and prejudices. State intervention is argued by Stuart Mill but only in cases where a person inflicts harm or danger to the society (Dogan, A. 2006). King sees paternalism as undesirable as it hinders in achieving the aim of law and that is to promote freedom. Morality plays a role in determining aims of law according to Luther King Jr. The aims of law should be to treat everyone with equal respect and justice should prevail in the society. These aims were considered moral by King because he pursued these aims all his life. He said “it may be true that morality cannot be legislated, behavior can be regulated”. Morality cannot be inculcated in people through laws but it is clear from this statement that aims of law are moral in nature. When he is talking about regulating behavior he is saying that aim of law is moral correctness. George Wallace’s views on Legal Philosophical Issues George Wallace was in favor of segregation laws. He thought that it was right for whites and blacks to have separate places to eat and live. He even advocated that segregation laws should be implemented all over the country. He considered positive laws more legitimate over natural laws. He considered the movement of rights of black people was not in the interest of the country. He said “Let us rise to the call of freedom-loving blood that is in us and send our answer to the tyranny that clanks its chains upon the South” (Wallace, 1963). This shows his position on positive laws like segregation. He was the Governor of Alabama. He was a statesman so naturally he believed in preserving the status quo. In his days segregation was the land of the law and southern provinces were raising their voices regarding freedom for blacks. At that time as a governor he was strongly opposed of the protest against the laws of the country. He says in his speech “we give the word of a race of honor that we will tolerate their boot in our face no longer” (Wallace, 1963). It is clear from his statement that Wallace wanted blacks to obey the law of the land. The law should be used to promote the common good of the people according to George Wallace. He did not consider that all men are equal. He resisted the idea that integration can solve the economic problems of the country. His treatment of law was aimed at keeping the same system intact as given by the ancestors of the country. At the same time he thought that White minority should be saved from the oppression of majority of the colored classes. He says “so the international racism of the liberals seek to persecute the international white minority to the whim of the international colored majority . . . so that we are footballed about according to the favor of the Afro-Asian bloc” (Wallace 1963). This shows that he was afraid that the rights of white might be taken by the colored majority of the world. He thought law should be used to promote the common good of the people by following the system given to us by our ancestors. Wallace was in favor of use of force in order to protect the system of segregation. He wouldn’t say it clearly that he advocated violence but surely he wanted to use force to make people follow the rules. He says “I was safer in a B-29 bomber over Japan during the war in an air raid, than the people of Washington are walking to the White House neighborhood” (Wallace, 1963). Now this show how threaten he feels from integration in the society. His depiction of Washington shows how badly he feels that things should be fixed. George Wallace advocated strongly that the laws of the land as set by the ancestors should be follows as it is without any attempt of changing it. He believed the concept of freedom laid down by founding fathers of the country was attempted to be changed by Washington and The Supreme Court. He says “We can no longer hide our head in the sand and tell ourselves that the ideology of our free fathers is not being attacked and is not being threatened by another idea “(Wallace, 1963). This statement is evident of his paternalism. The aim of law is to follow what has be laid down without asking question and without even considering changes in it. The view of Wallace on morality and aims of law is quite vague. He has not specifically talked about morality but he believes that it is our greatest obligation to believe in the Almighty and have faith. He says “We intend to renew our faith as God-fearing men . . . not government-fearing men nor any other kind of fearing-men” (Wallace, 1963). His idea of faith in God makes us believe that he emphasizes on morality playing a role in the aims of law. His treatment of morality may be different from other people like Luther King Jr. He thought it was moral to follow God’s will and he believed that God’s will is that blacks and whites should be treated differently. References Dogan, A. (2006). The Legitimate Use of the State Power. Retrieved from http://www.inter-disciplinary.net/ati/els/els2/dogan%20paper.pdf King Jr., Martin Luther. (1963). I have a dream Speech delivered at Lincoln Memorial, Washington DC. King Jr., Martin Luther. (1963). Letters from Birmingham Jail. Retrieved from http://www.africa.upenn.edu/Articles_Gen/Letter_Birmingham.html MacDonald Jr., A. (2010). The Roman Lawyers against the Washington Politicians. Retrieved from http://ajmacdonaldjr.wordpress.com/2010/05/28/the-roman-lawyers-against-the-washington-politicians/ Rothbard, M. (2011). The Ethics of Liberty. Ludwig Von Mises Institute. Retrieved from http://mises.org/rothbard/ethics/three.asp Wallace, George. (1963). Inaugural Address at Alabama State Capitol. Read More