Great Expectations is a novel by Charles Dickens, which explores an orphan named Pip who receives a large fortune from an unknown benefactor and moves to London to become a gentleman. Pip believes that his unknown benefactor is Miss Havisham, until he is reunited with a convict he helped as a child and is revealed to be his unknown benefactor. Pip helps Magwitch to escape but ultimately fails and Magwitch is arrested. He is later sentenced to death but dies in prison from injuries before the sentence can be executed. The novel explores the social class and the justice system during Victorian times.
What does Pip’s upbringing teach us?
The beginning of the novel illustrates to us how Pip lives in poverty and is treated horribly by his sister, Mrs Joe. Growing up, Pip is provided with instability and deprivation, which means that his needs at home are not met to an adequate standard by law today. The UNCRC, UNCIEF’s Convention on Rights of a Child, provides a set of rights that apply to every child and entitles them to claim these rights.
Article 27 is important because it covers the right to an adequate standard of living, to which Pip is not. The article affirms that every child should have the basic necessities met to develop holistically; this means ensuring that your physical, mental, spiritual and social development is adequate. The novel illustrates the breaches to this fundamental right; if Pip were living in Wales today, his right of standard of living would be infringed.
What about Mrs Joe’s harsh discipline towards Pip?
In the novel, Mrs Joe demonstrates another breach of the UNCRC if they were living in Wales today. Pip was brought up his sister and her husband, the novel shows that Pip is often subjected to harsh and strict punishment by his sister and at times Pip is frequently hit.
Article 19 of the UNCRC protects children from abuse of any kind, whether physical or mental, neglect or exploitation. It means that by law you are protected as a child from any harm or suffering that you may be subjected to by someone you know or live with. In Wales, it is illegal to physically punish a child, which means that you would have the same protection as adults do. The law on physical punishment in Wales | GOV.WALES
What does Pip’s lack of voice mean for me?
Pip as a child living in poverty and inadequate conditions was also prone to his views and opinions being disregarded. Most of his life he seems to have very little opinion over his own life or important decision as other characters made those decisions for him. He had small views on the decisions that affected him, his life and his future.
The UNCRC provides an entire article on a child’s right to be heard and allows their views to be expressed freely. It means that any matters that affect you personally, your right to express your view would be protected by law and your opinion will be acknowledged and considered. Welsh law incorporates the UNCRC’s article into the system and ensures that you are listened to, your views are respected and that your views must be considered; the Rights of Children & Young Persons (Wales) Measure 2011 ensures this.
How would Welsh Law protect you today?
The novel explores Magwitch’s life revolving around the law, with him being in and out of prison a lot, which shapes the inequality and justice system of Victorian times. Now, imagine someone getting a lighter sentence than you because they’re from a different social class? That’s exactly what happened to Magwitch, who received a harsher punishment than another convict named Compeyson, considered a gentleman and came from a different social class.
In today’s society, there are many laws that would protect you and your rights in the court system. Article 6 of the Human Rights Act protects your right to a fair trial; your right be innocent until proven guilty and the right to free legal representation if you can’t afford one. The courts today consider your background and the facts of the case before deciding your sentence; https://www.legislation.gov.uk/ukpga/1998/42/contents
Today, the legal system focuses more on your rights to fairness, rehabilitation and protection from discrimination, which was something Magwitch never had.
Why Does It Matter?
The characters, Magwitch and Pip, show how dangerous an unequal system can be and how important it is to have a system that makes laws to protect everyone, no matter their background. The Human Rights Act 1998 and Equality Act 2010 exist to stop any unfair treatment that may happen to you in the justice system or in society.
Understanding the rights you as a young person has helps see far society has developed and why fairness is crucial in justice. If both Magwitch and Pip lived in Wales today, both of them would be given protection and equal opportunities; rights that every young person deserves.
The story reminds us that justice should never depend upon someone’s wealth or status, and everyone should be treated fairly and equally under the law. For more information, see https://childrenslegalcentre.wales
About the Author
I’m Carys, currently studying law in my 2nd year at Swansea University. After university, I hope to become a practicing solicitor, although I’m unsure which area I’d like to practice in yet.
Many thanks to Belinda Moseley from Geldards for checking the legal content of this blog.