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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

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Book ID Asin: 0300032528
Book Title: Justice Accused: Antislavery and the Judicial Process
Book Author: Robert M. Cover
Book Format and Price:
Book Format Name: Hardcover
Book Format Price: $75.50
Book Format Name: Paperback
Book Format Price: $34.00
Book Price: $34.00
Book Category: Books, History, Americas and unknown
Book Rating: 3 ratings

Justice Accused: Antislavery and the Judicial Process by Robert M. Cover Book Review

Name: Guitarface
Rating: 4.0 out of 5 stars
Title: The Deeper Question
Date: Reviewed in the United States on November 15, 2005
Review: I studied this book in law school. I think the central question of this book is a little deeper than the way the previous reviewer phrased it. The book explores the conflict that occurs when a judge perceives that the law applying to a case before him is not a just one and will result in injustice if applied in the current case. Does the judge simply apply the law, or find some way around it to allow for a just result? This is an interesting question today, given the debate between "strict construction" of the Constitution and Holmes' popular notion that the Constitution is a "living document" whose interpretation must evolve with the times. The chief example used in this book is the infamous Dred Scott decision, in which a slave who had lived for many years on free soil, sued for his freedom, but was turned down by the Supreme Court on Constitutional grounds -- although presumably the judges knew that this was not a just result.