Justice Accused: Antislavery and the Judicial Process

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Yale University Press, 1975 - Law - 322 pages
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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
 

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Contents

Of Creon and Captain Vere
1
Slavery Natural Law
8
NATURE TAMED
31
In Favorem Libertatis?
62
Conflict of Laws
83
Perspectives from International Law
100
NATURES PLACE DISPUTED
117
Formal Assumptions of the Judiciary
131
The Fugitive Slave Law to 1850
159
Postscript to Part II
192
Context for Conscience
201
Judicial Responses
226
Postscript to Part III
257
Notes
268
Index
313
Copyright

Formal Assumptions of the Antislavery Forces
149

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