Front cover image for Justice accused : antislavery and the judicial process

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
Print Book, English, 1975
Yale University Press, New Haven, 1975
xii, 322 pages ; 24 cm
9780300017892, 9780300032529, 0300017898, 0300032528
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