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Literature & Language
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English (U.S.)
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Topic:
What are the legal issues arising from James Kelman’s short story ‘Acid’ and how do these insights help to interpret this story in the context of law and literature?
Essay Instructions:
Make use of these two literary texts to answer this essay question:
Kelman, James. 'Acid.' In Not Not While The Giro [1983]. 121. Edinburgh: Polygon 2007.
Cobbing, Bob. 'Alphabet of Fishes.' In The New British Poetry, eds Gillian Allnutt et al., 149. London: Paladin, 1988
The word limit is 2500 words approximately, to include quotations but not including footnotes and bibliography.
Marking Criteria:
1. Knowledge and research
2. Argument and Structure
3. Written Expression
4. Critical Insight
5. Originality and flair
6. Technical Expression
Essay Sample Content Preview:
What Are the Legal Issues Arising from James Kelman’s Short Story ‘Acid’ And How Do These Insights Help to Interpret This Story in The Context of Law and Literature?
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The link between law and literature is complex and dynamic. While law and literature are distinct disciplines, they have a deep connection, where they influence each other profoundly. Literature presents themes and characters, sometimes engaging legal concepts to offer readers access to the legal world. Literature, being a reflection of society, delves into issues affecting the people. Among them, issues of justice, human rights, and morality emerge often. Literature sometimes illuminates legal issues affecting people, demonstrating the impact of law or lack of it on society. Conversely, law borrows heavily from literature, especially in the exploration of the complexity of human nature. Legal scholars can find literary works important since they display the issues affecting society, hence providing an insight into the cultural context where law should be applied. As a result, the two distinct disciplines allow for the exploration of complex aspects of human behavior and legal implications. To demonstrate this link, this essay explores the legal issues that arise from James Kelman’s Short Story ‘Acid,’ indicating how the insights derived from the short story assist in interpreting it in the context of both law and literature.
Legal Issues in “Acid”
Kelman’s “Acid” raises the issue of work safety for factory workers. The story demonstrates the catastrophic failure in workplace safety, which has led to the death of a young man. Kelman indicates, "Before these gangways were completely safe, a young man fell into a vat feet first." It is in disregard to safety laws that factory workers would operate in a facility that makes acid, yet it exposes them to grave danger. The inability of the factory owners to put the appropriate measures to make the facility safe demonstrates a disregard for safety laws. Due to the unsafe working environment, a young man falls into the vat feet, dissolving the lower parts of the body completely. Such deaths are common where the working environment is hazardous and no measures are in place to mitigate the risk. Workplace safety is critical in any factory since, especially, and should not be ignored. The accident demonstrates that the factory workers have not been trained too well to mitigate the risk of falling into the acid vats.[Kelman, James. 'Acid.' In Not Not While The Giro [1983]. 121. Edinburgh: Polygon 2007.]
Moreover, Kelman raises the legal issue of employer liability. Reading through the short story creates a sense of negligence on the part of the factory. Kelman indicates that the factory operated while the gangways were unsafe, making it possible for any worker to fall into the large vats containing an acid. Despite the danger involved for the workers, Kelman presents an unsafe work environment due to the negligence of the factory owners. The short story raises questions regarding the liability of employers. In any work environment, employers have a legal duty to ensure that safety protocols are in place to reduce the likelihood of harm. When the accident occurs, there is no indication of the factory owners responding to the situation. Instead, it is the young man’s workmates who are drawn to the screams. The inability of the factory owners to come to the rescue of the young man indicates a lack of taking responsibility. The factory does not attempt to retrieve the young man's body, forcing the victim's father to push the remaining body into the acid vat. There is no indication that an investigation was put in place to address the accident. Kelman paints a factory where employers are unwilling to take responsibility to mitigate against accidents.
Additionally, “Acid” raises a legal issue regarding euthanasia. The subject of mercy killing has been marred with controversy due to the ethical issues involved. Proponents of euthanasia believe that the procedure is critical in relieving pain in a critically ill person. On the contrary, opponents consider the practice illegal. They consider life to be sacred such that no one has the right to take it at will. Kelman brings out the subject of mercy killing through the actions of the young man's father. When the young man falls into the vat containing acid, the father comes with a large pole and ducks the young man below the surface. Kelman indicates that the father does this to the shock of the rest of the employees since "only the head and shoulders… had been seen above the acid.” Ordinarily, one would have considered saving the body parts that have not been submerged in the acid in the hope of saving the victim. However, the father hastens the process by pushing the remaining body into the acid. The action can be seen as an act of mercy killing, since there could be chances of saving the young boy, despite the damage that had already been done. However, mercy killing is a controversial legal and ethical issue that elicits emotions depending on the position people hold about it.[Kelman, James. 'Acid.']
Further, Kelman explores the aspect of the duty to act. The short story raises the issue regarding the duty to act, given the actions of the rest of the factory workers when the young man fell into the acid vat. Kelman indicates that when the accident happened, "the large body of men were so horrified that for a short time, not one of them could move." The workers watch in disbelief as the young man ...
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