Justice Accused: Antislavery and the Judicial Process
What should a judge do when he must hand down a ruling based on a law that he considers unjust or oppressive? This question is examined through a series of problems concerning unjust law that arose with respect to slavery in nineteenth-century America.
"Cover’s book is splendid in many ways. His legal history and legal philosophy are both first class. . . . This is, for a change, an interdisciplinary work that is a credit to both disciplines.”--Ronald Dworkin, Times Literary Supplement
"Scholars should be grateful to Cover for his often brilliant illumination of tensions created in judges by changing eighteenth- and nineteenth-century jurisprudential attitudes and legal standards. . . An exciting adventure in interdisciplinary history.”--Harold M. Hyman, American Historical Review
"A most articulate, sophisticated, and learned defense of legal formalism. . . Deserves and needs to be widely read.”--Don Roper, Journal of American History
"An excellent illustration of the way in which a burning moral issue relates to the American judicial process. The book thus has both historical value and a very immediate importance.”--Edwards A. Stettner, Annals of the American Academy of Political and Social Science
"A really fine book, an important contribution to law and to history.”--Louis H. Pollak
What people are saying - Write a review
We haven't found any reviews in the usual places.
Of Creon and Captain Vere
Slavery Natural Law
In Favorem Libertatis?
Conflict of Laws
Perspectives from International Law
NATURES PLACE DISPUTED
Formal Assumptions of the Judiciary
Formal Assumptions of the Antislavery Forces
abolitionism abolitionist American Amistad antislavery judge appeal application argued argument Article asserted authority Billy Budd Blackstone Booth Boston C. C. Little Chapter choice cognitive common law conflict Constitution construction Dana decision dissonance doctrinal explicit favor federal fidelity formal free and equal freedom Fugitive Slave Act Garrisonians George Tucker gradual emancipation habeas corpus Ibid ideological important institution interpretation issue John McLean Joseph Story judicial judiciary jurisprudence jury Justice justified Latimer lawmaking legislative Lemuel Shaw Liberator limits manumission Massachusetts McQuerry ment moral moral-formal Moreover natural law natural right Negro North Carolina noted obligation Ohio opinion Pennsylvania Phillips political positive law precedent preference for liberty Prigg principles Quakers Quock Walker rejected rendition responsibility revolution rhetoric role rules sense Shaw's Sims slave law slave trade slavery Society Somerset's statute Story's supra Supreme Court theory Tilghman tion tislavery treatise Tucker University Press Virginia William writ York Zandt