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ISSN Number:
2582-8568


Journal DOI No:
03.2021-11278686

Title:
Encounter of Perplexed Human-Nature against Ethical Realism: A Critical Analysis of McEwan’s “The Children Act”

Authors:
Shikha Shrivas , Dr. Usha Jain

Cite this Article:
Shikha Shrivas , Dr. Usha Jain ,
Encounter of Perplexed Human-Nature against Ethical Realism: A Critical Analysis of McEwan’s “The Children Act”,
International Research Journal of Humanities and Interdisciplinary Studies (www.irjhis.com), ISSN : 2582-8568, Volume: 4, Issue: 8, Year: August 2023, Page No : 12-18,
Available at : http://irjhis.com/paper/IRJHIS2308003.pdf

Abstract:

Ian McEwan’s The Children Act is a powerful observation of the psychological impact of being empathetic in legal decision making while dealing with own emotional turbulence. The novel depicts the complicated interplay between the law-abided regulations and the complexities of human nature, raises significant problems regarding the limitations of the country-specific legal system. This study investigates how McEwan depicts the intricacies of human behaviour, emotions, and moral difficulties within the legal environment, using the theoretical framework of legal realism. This research examines the novel's depiction of legal realism through an in-depth examination of the protagonist, Fiona Maye, a high court judge, and the cases she presides over. Furthermore, it examines the portrayal of human complexity, including the character’s complicated emotions, motivations, and ethical considerations, as well as their impact on legal decision-making. The research examines how legal realism interacts with the moral reasoning of the characters, revealing the difficulties and contradictions that develop when applying legal rules to complex human situations. It also discusses the ethical consequences of the character’s moral evolution, as well as the function of empathy and contextual understanding in legal decision-making. This research provides insights into the issues faced by legal systems when confronted with the complexities of human conduct by examining the portrayal of legal realism and human complexity through the lenses of the psychological theory of Moral Development by Lawrence Kohlberg. The research helps to clarify the relationship between law, moral thinking, and the intricacies of human existence as described in literature.



Keywords:

Human complexity, Ian McEwan, The Children Act, Lawrence Kohlberg, Theory of Moral Development, Moral reasoning, Moral Dilemmas, Legal decision-making, ethics.



Publication Details:
Published Paper ID: IRJHIS2308003
Registration ID: 21133
Published In: Volume: 4, Issue: 8, Year: August 2023
Page No: 12-18
ISSN Number: 2582-8568

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ISSN 2582-8568

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5.71 (2021)

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03.2021-11278686