Justice Accused

Author: Robert M. Cover
Publisher: Yale University Press
ISBN: 9780300032529
Size: 66.83 MB
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"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.

Justice Accused

ISBN: 9780300161953
Size: 77.27 MB
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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?

Persons And Masks Of The Law

Author: John Thomas Noonan
Publisher: Univ of California Press
ISBN: 9780520235236
Size: 32.73 MB
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The stories of the litigations at three different periods of our history provide a powerful analysis of American law.

Double Character

Author: Ariela J. Gross
Publisher: University of Georgia Press
ISBN: 082032860X
Size: 79.13 MB
Format: PDF
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How, asks Ariela J. Gross, did communities reconcile the dilemmas such trials raised concerning the character of slaves and masters?

The Literature Of American Legal History

Author: William E. Nelson, JR.
Publisher: Beard Books
ISBN: 1587982803
Size: 16.30 MB
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Two forms of unconventionality are illustrated by Robert M. Cover's Justice
Accused: Antislavery and the Judicial Process.64 One form of unconventionality
is Cover's interdisciplinary approach: Cover turns to what he calls "the 'theory' of
cognitive dissonance"65 for an understanding of how judges react to pressures
from formal legal rules that are inconsistent with their moral values. The insights
available to American legal history from disciplines other than law and history are

Judges And Unjust Laws

Author: Douglas E Edlin
Publisher: University of Michigan Press
ISBN: 0472034154
Size: 27.96 MB
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As I will explain, I assume the formal validity of unjust laws as legal sources and
argue that the purported conflict between principles of justice and principles of
law misapprehends the nature of common law principles and the common law
judicial process. 8. See, e.g., Steven J. Burton, Judging in Good Faith (
Cambridge University Press, 1992), 207. 9. See Robert M. Cover, Justice
Accused: Antislavery and the Judicial Process (Yale University Press, 1975), 197
–225. 10. Id. at 228. 11.

Natural Law And The Antislavery Constitutional Tradition

Author: Justin Buckley Dyer
Publisher: Cambridge University Press
ISBN: 1107013631
Size: 21.84 MB
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Like the reluctant captain who dutifully executed the sailor, Cover writes,
antislavery judges in antebellum America paraded their “helplessness before the
law; lamented harsh results; intimated that in a more perfect world, or at the end
of days, a better law would emerge, but almost uniformly, marched to the music,
steeled themselves, and hung Billy Budd ... Quoted in Robert Cover, Justice
Accused: Antislavery and the Judicial Process (New Haven, CT: Yale University
Press, 1975), 2.

Fundamental Rights And Democratic Governance

Author: Simeon C. R. McIntosh
Publisher: Ian Randle Publishers
ISBN: 9768167432
Size: 71.68 MB
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See Robert Cover, Justice Accused: Antislavery and the Judicial Process 123- 25
(1975). 97. See Schabas, above n. 25, 158, 159. 98. M.J. Detmold, The Unity of
Law and Morality: A Refutation of Legal Positivism 31 (1984). 99. Dworkin, above
n. 13, 301. 100. Ibid. 101. Ibid. 102. Detmold, above n. 99, 21-22. 103. Robert M.
Cover, 'Violence and the Word,' 95 Yale Law Journal 1601 (1986). Republished
in Narrative, Violence and the Law 203 (Martha Minow, Michael Ryan, and Austin