The analysis of the two speeches reveals a starkly different views and philosophical stand points regarding implementation of laws, equal rights from the black people and the issues of segregation. George Wallace in his speeches demonstrates resilience in using and applying the theory of positive law while Martin Luther advocated for peaceful demonstrations by the black community basing his ideologies on the theory of natural law. Wallace advocated for application of normative social rules and regulations pegged on regional and local social norms. The application of positive in part was due to Wallace dislike for the federal government and the Supreme Court. The paradigm shift in the legal system led to the defeat of the segregation in the South as the federal government authority exponentially expanded the rights for the black community. Thus this essay compares these two influential leaders based on their speeches to understand their philosophical viewpoints.
Martin Luther King Jr. remains one of the vocal and most influential civil rights movement leaders who legal system pegged on fundamental theory of natural law and morality. The belief of a just and fair society based on natural law gave impetus and legitimacy to his fight for a better black community in America. His “ I have dream ” speech remains a symbol of hope and a reminder of the injustices the black community faced during the civil rights movement. In the speech, King authoritatively says “When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence… yes, black men as well as white men, would be guaranteed the Unalienable Rights of Life, Liberty, and the pursuit of Happiness” (King, 1963). The right of life and liberty, King argues, remains the fundamental cornerstone of the American justice system. Thomas Aquinas and Emmanuel Kant are scholars advocated for the theory of natural law, arguing that any meaningful law must be pegged on a higher authority and moral elements. Ronald Dworkin’s soft positivism reiterates that moral principles form the basis for application of law (Murphy, 2009).
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In his speech, King makes reference to high-level authority when he says, “…time to make justice a reality for all of God’s children” and “this will be the day when all of God’s children will be able to sing with new meaning” (King, 1963). In invoking the call for higher authority, he understands that it’s the duty of the government to give freedom to its citizens“… we will not be satisfied until justice rolls down like waters, and righteousness like a mighty stream” (Id.). The speech further reflects his call to his supporters to obey the law even as they protest and fight for their rights. Many references in his speech demonstrate the need of laws to promote the common good for the common man. King in arguing that all men are created equal reflects his hate for improperly using laws to promote segregation, racism and bigotry in the society. The speech thus argues that the laws created to give freedom to the black community are inadvertently applied to oppress them. The principles of autonomy and paternalism do not favor the equal rights movement goal of freeing the black community from oppression.
In his inaugural speech as governor, George Wallace represents philosophical ideas that defend the government. Philosophers including John Austin and Jeremy Bentham support the principles of the theory of positive law. In principle, the theory of positive law is pegged on patterns of behavior and local community customs and requires no moral element or authority to enact it. Murphy (2009) argues that basing the law on a moral element poses a challenge to effective implementation of positive law. The speech by Wallace represents complete lack of moral elements when he says “… 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). In his maiden speech, he further asserts, “… segregation now… segregation tomorrow… segregation forever” (Id.) His speeches are devoid of any strong moral character, especially from an elected government official.
Wallace used his speech to urging the people of the South to stand up and fight for the country or face dishonor for supporting dissent against the government. He goes on to further acknowledge the fundamental duty of a Governor to his people “I shall fulfill my duty toward honesty and economy… in working hard to bring industry to our state… [toward] our senior citizens… the farmers… the laboring man…[and] every child” (Id.). The speech shows a strong conviction and commitment to serve his Southerners to the best of his ability. Statements from his speech reveals how he viewed the rights movement led by Martin Luther King Jr. “And so it was meant in our racial lives… each race, within its own framework has the freedom to teach… to instruct… to develop… to ask for and receive deserved help from others of separate racial stations…. but if we amalgamate into one unit as advocated by the Communist philosophers… then the enrichment of our lives… the freedom for our development… is gone forever .” (Id.).
The statement from his speech reveals that the government will only tolerate the black community if ‘they know their place in the community and respect the rule of law in the society’. He shows no intentions of fighting the black community as long as they uphold the principles of laws that govern the society supporting segregation as serving the purpose it was intended for. His vision for the black community is in stark contrast with what the black community rightfully fights for as he indicates in his speech that the he has the powers to use against the black people when necessary.
From the speech, it is clear that Wallace failed to recognize the oppression against the black community in the South. In retrospect, the governor pegs his leadership on autonomy and paternalism allowing the powers to use laws to defend his political agenda. He states that “This nation was never meant to be a unit of one… but a united of the many…” (Wallace, 1963) believing that his ideology and position on segregation was the ideal and thought the people of the south fully supported him.
The two men stood their ground and galvanized their supporters as the civil rights movement turned bloody. Martin Luther King Jr. fought for the rights’ of the black community, while George Wallace stood his position defending segregation as the right thing to do. The different philosophical stand points the two men becomes clearer; Wallace argued that the theory of positive law is not pegged on any moral principle while King’s position on the theory of natural law argued that law should be pegged on morality to make it legitimate. Wallace had a mandate with the support of his people to stand against the federal government and fight to retain segregation arguing that the autonomy of the southern states must be respected by the government. King with his supporters believed that they had a right to protest and that the federal government had a moral obligation to give the black community equal opportunities and treatment.
With regard to the common good, Wallace fundamentally believed that segregation was ideal for the people of the south while King believed that racial segregation was against the constitution and violated the divine law God passed to man. The very essence of this debate shows how morality affects how laws are implemented. Notably, moral principles have a direct relationship with the goals of law, legitimacy and application for the common good. The opposing views from the two historic men indicate that morality in law have different results based on the prevailing definition and application of morality. On one hand, lack of moral principles in implementing a law can result in grotesque laws that deny people rights and the common good for all. On the other hand, the basing laws on morality may result in fundamentally ineffective laws.
References
King, Martin Luther, Jr., (Aug 28, 1963). 'I Have a Dream' Speech Full Transcript: Read Martin Luther King Jr.'s Memorable 1963 Speech on MLK Day . International Business Times . Retrieved from: http://search.ebscohost.com.lib.kaplan.edu/login.aspx?direct=true &db=bwh&AN=426216.20130121&site=eds-live
Murphy, M. C. (2007). Philosophy of Law: The Fundamentals . Malden, MA: Blackwell Publishing Ltd.
Wallace, George, Governor. (Jan 14, 1963) Inaugural address of Governor George Wallace , which was delivered at the Capitol in Montgomery , Alabama . Alabama Dept. of Archives and History. Retrieved from: http://adahcat.archives.alabama.gov/vwebv/holdingsInfo? bibId=33818
