{"title":"《杀死一只知更鸟》与法律伦理——论阿提克斯·芬奇的阁楼修辞在履行对委托人、法院、社会和自我责任中的作用","authors":"M. Kundmueller","doi":"10.2478/bjals-2019-0011","DOIUrl":null,"url":null,"abstract":"Abstract Atticus Finch, protagonist of Harper Lee’s To Kill a Mockingbird and longtime hero of the American bar, is well known, but he is not well understood. This article unlocks the secret to his status as the most admired of fictional attorneys by demonstrating the role that his rhetoric plays in his exemplary fulfillment of the duties of an attorney to zealously represent clients, to serve as an officer of the court, and to act as a public citizen with a special responsibility for the quality of justice. Always using the simplest accurate wording, focusing on reason over emotion, and speaking in the same manner whether in private or in public, Atticus’s rhetoric exemplifies the ancient Roman style known by students of rhetoric as “Attic.” Using this style to navigate the potential for conflict among his duties, Atticus reveals the power, the elegance, and the ethical necessity of Attic rhetoric. Connecting Atticus’s name to the Attic style of rhetoric for the first time, this article advances several scholarly debates by demonstrating the mutual compatibility of the duties imposed by the Model Rules of Professional Conduct and proffering a powerful tool to attorneys seeking to practice or to teach improved ethical conduct.","PeriodicalId":40555,"journal":{"name":"British Journal of American Legal Studies","volume":"8 1","pages":"289 - 325"},"PeriodicalIF":0.2000,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"To Kill a Mockingbird and Legal Ethics: On the Role of Atticus Finch’s Attic Rhetoric in Fulfillment of Duties to Client, to Court, to Society, and to Self\",\"authors\":\"M. Kundmueller\",\"doi\":\"10.2478/bjals-2019-0011\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract Atticus Finch, protagonist of Harper Lee’s To Kill a Mockingbird and longtime hero of the American bar, is well known, but he is not well understood. This article unlocks the secret to his status as the most admired of fictional attorneys by demonstrating the role that his rhetoric plays in his exemplary fulfillment of the duties of an attorney to zealously represent clients, to serve as an officer of the court, and to act as a public citizen with a special responsibility for the quality of justice. Always using the simplest accurate wording, focusing on reason over emotion, and speaking in the same manner whether in private or in public, Atticus’s rhetoric exemplifies the ancient Roman style known by students of rhetoric as “Attic.” Using this style to navigate the potential for conflict among his duties, Atticus reveals the power, the elegance, and the ethical necessity of Attic rhetoric. Connecting Atticus’s name to the Attic style of rhetoric for the first time, this article advances several scholarly debates by demonstrating the mutual compatibility of the duties imposed by the Model Rules of Professional Conduct and proffering a powerful tool to attorneys seeking to practice or to teach improved ethical conduct.\",\"PeriodicalId\":40555,\"journal\":{\"name\":\"British Journal of American Legal Studies\",\"volume\":\"8 1\",\"pages\":\"289 - 325\"},\"PeriodicalIF\":0.2000,\"publicationDate\":\"2019-12-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"British Journal of American Legal Studies\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2478/bjals-2019-0011\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"British Journal of American Legal Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2478/bjals-2019-0011","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"LAW","Score":null,"Total":0}
To Kill a Mockingbird and Legal Ethics: On the Role of Atticus Finch’s Attic Rhetoric in Fulfillment of Duties to Client, to Court, to Society, and to Self
Abstract Atticus Finch, protagonist of Harper Lee’s To Kill a Mockingbird and longtime hero of the American bar, is well known, but he is not well understood. This article unlocks the secret to his status as the most admired of fictional attorneys by demonstrating the role that his rhetoric plays in his exemplary fulfillment of the duties of an attorney to zealously represent clients, to serve as an officer of the court, and to act as a public citizen with a special responsibility for the quality of justice. Always using the simplest accurate wording, focusing on reason over emotion, and speaking in the same manner whether in private or in public, Atticus’s rhetoric exemplifies the ancient Roman style known by students of rhetoric as “Attic.” Using this style to navigate the potential for conflict among his duties, Atticus reveals the power, the elegance, and the ethical necessity of Attic rhetoric. Connecting Atticus’s name to the Attic style of rhetoric for the first time, this article advances several scholarly debates by demonstrating the mutual compatibility of the duties imposed by the Model Rules of Professional Conduct and proffering a powerful tool to attorneys seeking to practice or to teach improved ethical conduct.
期刊介绍:
The British Journal of American Legal Studies is a scholarly journal which publishes articles of interest to the Anglo-American legal community. Submissions are invited from academics and practitioners on both sides of the Atlantic on all aspects of constitutional law having relevance to the United States, including human rights, legal and political theory, socio-legal studies and legal history. International, comparative and interdisciplinary perspectives are particularly welcome. All submissions will be peer-refereed through anonymous referee processes.