|Type of paper:||Essay|
|Categories:||Law Charles Dickens|
Charles Dicken's novel started as a simple comedy but popularly grew as it exposed the flaws in the society and what obligation was given to the people in solving them. Elements form part of a claim that has to be proved for success. There are four legal elements, i.e., the law of survival, the law of toleration, the law of the ruling class, and finally the laws based upon agreements. This paper seeks to define these laws according to their context, author, and history. It also seeks to link these elements of the law to the Pickwick Papers together with examining the thoughts of romance as expressed in the novel
Elements of the law
Law of survival
This law originated from Charles Darwin as he phrased it to 'survival for the fittest' in his evolutionary theory. He described this in terms of natural selection mechanism in a biological concept that defined fitness as reproductive success. To him, survival was the form that left the most replicas of themselves in a continuous generation. This was mainly contextualized to apply to animals as they had to survive and through natural selection, the strongest were the ones who did it. However, this can also be linked with human beings as they struggle to meet their basic needs for survival.
In Pickwick's Papers, those who were imprisoned in the 'Debtors' prison had to have some survival skills. The wealthiest prisoners like Mr. Pickwick was incarcerated in this prison; he was able to pay off guards so that he could acquire anything that he wanted like private rooms, alcohol, or fancy meals. This was a survival skill as the majority prisoners were poor due to the debts they owned were crammed in filthy rooms, mistreated by the guards when they felt like it, half-starved, etc. the poor people ended up dying while in prison like the Chancery prisoner.
Many people were getting married for societal reasons like acquiring money and respect. This was a survival tactic used to avoid poverty and debts. For instance, Mr. Jingle was in pursuit of several women, and he fled with Mrs. Racheal Wardle as she had money of her own. The people did not get into marriages due to love or even happiness. Mr. Weller's second wife betrothed him simply because he inherited money left to him after his first wife demise.
Law of tolerance
It is referred to as Sheldon's Law of Tolerance as it was developed by Victor Ernest Sheldon who was an American zoologist. It stated that an organism's success has its basis on sets of conditions that are complex and each organism has certain optimum environmental factors, maximum, minimum, or a consortium of factors that determine success. Therefore this law entails that species should be able to exist and reproduce successfully if it is in the range of conditions of the environment.
Charles Dicken's novel showed that the members of Eatanswill tolerance were not fully achieved as they only tolerated the 'Debtors' prison as they did not have any choice. Their existence in this prison is a mere bearing of its conditions as they were not well fed; they were congested in rooms and mistreated by the guards. Dodson and Fogg were tolerant in their case with Mr. Pickwick as they waited eagerly for an opportunity to sue him for assault, slander or anything else that they could find. This was a sign of tolerance as they expected success at the end.
Law of the ruling class
A ruling class in society is a class that sets the political agenda of society. C. Wright Mills who was a sociologist said that the ruling class is composed of a small group of individuals that have the most powerful politicians. However, he stated that there is a difference between the ruling class and the power elite. They included politicians, political managers who were hired or leaders in the military. Politics, education and the government are the major areas that the ruling class influences by using power or wealth.
Many problems faced by the Eatanswill society revolved around politicians and the law. This politicians, the wealthy individuals, and lawyers served as the ruling class. Instead of serving the need of the public and society, they usually had their backs. They made brief appearances in the novel although they mainly surfaced during elections in Eatanswill that proved to be ridiculous. The public took the matter of elections seriously yet voting was designed to prevent the voters from having their say as described by Sam as they also drugged them with a tincture of opium. The 'right' candidate was voted in due to the Pickwickians social circle who supported him.
Laws based upon agreements
A contract gets construed as a partnership that legally binds two or more parties involved, and it contains the validity of the document that can be enforced by the law. An agreement is achieved when the parties have come to a consensus on offer, and it has been accepted. The parties are then bound to the contract which must be clear, significant, legal and feasible. Some contracts are made verbally and others in written form. However, contracts require material evidence to serve for future reference. The parties bound by the contract, should stick to its terms, rules, and conditions.
Lawyers sign agreements with their clients especially non-disclosure one. In contrast, lawyers in this novel are unethical and unsympathetic to their clients as they only lie to make money for themselves. Dodson and Fogg fabricate a case against Mr. Pickwick and only aim to sue him for assault. They do nothing on the horrors of 'debtors' prison.
The link between the elements with coursework
In individuals and the law talks about contracts which are related to the law based upon agreements. They both talk about agreements that individuals should have liberty at its best together with the terms and conditions set for the contracts
In law and justice, it talks about equal treatment of people, 'all animals are equal,' and is there being a principle of equal treatment,' in the element of the law of survival, the rich use their wealth or power to survive, and the poor are denied their rights. The ruling class act as if they are equal than the rest of society and do not consider the principle of equal treatment.
In the law and the state, the state must obey the law is linked with the ruling class. The ruling class believes that they are above the law and cannot be punished by it. This should thus show them that they are under the law and should obey it.
Contracts contain legal language. This law must be interpreted to the parties in the contract and their intentions to be stated.
Romance in the novel is seen by those getting married, and it's categorized into two; those who get married for societal reasons and those getting married cause of love. Marital problems are brought about by getting into marriage for societal reasons. Marriage boosts the social standing of individuals, for instance, Miss Racheal Wardle rejects Mr. Tupman's advances, but she elopes with Mr. Jingles as she requires financial support. Mrs. Bardell believes that Mr. Pickwick will propose to her as she believes that her status will improve when she becomes Mrs. Pickwick. Therefore, marriage for societal reasons does not work out since marriage for reasons of love does, e.g., Mr. Trundle and Bella Wardle, Sam and Mary, Mr. Winkle and Arabella Allen. These weddings do not benefit from financial or social gains.
In conclusion, it is clear that the four elements of the law are evident in Charles Dinkens novel. They are manifested by survival, tolerance, the ruling class and agreements within the Eatanswill society. The romance shows that marriages based on societal reasons have marital problems and they do not last while marriages based on happiness and love are the best ways for romance.
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