Justice accused : antislavery and the judicial process (Book, 1975) [WorldCat.org]
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Justice accused : antislavery and the judicial process

Author: Robert M Cover
Publisher: New Haven : Yale University Press, 1975.
Edition/Format:   Print book : EnglishView all editions and formats
Summary:
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.
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Genre/Form: History
Document Type: Book
All Authors / Contributors: Robert M Cover
ISBN: 0300017898 9780300017892 9780300032529 0300032528
OCLC Number: 1322135
Description: xii, 322 pages ; 24 cm
Contents: Prelude : of creon and Captain Vere --
1. The intellectual tradition : slavery, natural law, and judicial positivism in the eighteenth century --
Pt. 1: Nature tamed --
2. Natural right in legislation --
3. Judicial construction of a natural law text : the "free and equal" clauses --
4. Statutory interpretation : In favorem libertatis? --
Conflict of laws --
Perspectives from international law --
Pt. 2: Rules, roles, and rebels : nature's place disputed --
7. Some paradigms of judicial rhetoric --
8. Formal assumptions of the judiciary --
9. Formal assumptions of the antislavery forces --
10. Positivism established : the Fugitive Slave Law to 1850 --
11. Positivism and crisis : the Fugitive Slave Law, 1850-1859 --
Pt. 3: The moral-formal dilemma --
12. Context for conscience --
13. Judicial responses.
Responsibility: Robert M. Cover.

Abstract:

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.

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