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Unjust Laws in History: A Legacy of Inequality and Resistance
Throughout history, the concept of "law" has often been wielded as a tool of oppression, serving not to protect and uplift citizens, but to subjugate and control them. This blog post delves into the dark side of legal systems, examining examples of unjust laws that have shaped societies and sparked movements for social justice. We'll explore the lasting impact of these laws and how they continue to inform our understanding of human rights and the fight for equality. Prepare to be challenged and inspired by the stories of defiance against injustice.
The Nature of Unjust Laws
Before examining specific examples, it's crucial to define what constitutes an unjust law. While the definition can be subjective, several key characteristics typically apply:
Characteristics of Unjust Laws:
Discriminatory Intent or Impact: Unjust laws often target specific groups based on race, religion, gender, sexual orientation, or other characteristics, leading to unequal treatment under the law.
Violation of Fundamental Human Rights: These laws infringe upon basic human rights, such as the right to life, liberty, and security of person, as enshrined in international declarations like the Universal Declaration of Human Rights.
Lack of Due Process: Unjust laws often bypass fundamental principles of fairness and due process, denying individuals the right to a fair trial or adequate legal representation.
Enforcement Through Oppression: Their implementation involves systematic abuse of power, often through violence, intimidation, or systemic discrimination.
Landmark Examples of Unjust Laws Throughout History
History is rife with examples of unjust laws. Let's explore some significant instances:
Jim Crow Laws in the United States (Late 19th and 20th Centuries):
These laws enforced racial segregation and discrimination against African Americans in the Southern United States. They denied Black citizens basic rights, from voting and access to education and healthcare to using public facilities. Jim Crow laws serve as a stark reminder of how legislation can be used to perpetuate systemic racism and inequality.
Apartheid Laws in South Africa (1948-1994):
Apartheid was a system of racial segregation and discrimination that enforced the separation of races in South Africa. These laws systematically stripped Black South Africans of their rights, relegating them to second-class citizenship. The international condemnation and subsequent dismantling of apartheid highlight the global pressure that can be brought to bear against unjust legal systems.
The Nuremberg Laws in Nazi Germany (1935-1945):
These laws stripped Jewish people of their citizenship, rights, and ultimately, their lives. They exemplify how legal frameworks can be weaponized to dehumanize and persecute entire populations, leading to horrific consequences. The Nuremberg Trials demonstrated the international accountability for such crimes against humanity.
The Draconian Laws of Ancient Athens:
While less widely known, the Draconian Laws of ancient Athens, established in the 7th century BC, represent an early example of excessively harsh and unjust laws. Many punishments were death sentences for minor offenses, highlighting the lack of proportionality and fairness in the legal system.
The Legacy of Unjust Laws and the Fight for Justice
The enduring impact of unjust laws transcends their historical context. They leave behind legacies of trauma, inequality, and distrust in institutions. The struggle against these laws has often fueled social movements and inspired individuals to fight for justice and equality. From the Civil Rights Movement in the US to the anti-apartheid movement in South Africa, resistance against unjust laws has been a catalyst for significant social and political change.
The Ongoing Struggle for Legal Reform
Even today, many countries grapple with issues of legal inequality. Discrimination based on various factors persists, highlighting the need for ongoing vigilance and reform. The fight for justice requires a continuous evaluation of legal frameworks, ensuring they uphold human rights and promote equality for all.
Conclusion
Unjust laws are a stain on the fabric of human history, demonstrating the potential for legal systems to be manipulated for oppressive purposes. By studying these historical examples, we can better understand the insidious nature of inequality and the importance of fighting for a more just and equitable world. The legacy of these laws compels us to remain vigilant in our pursuit of justice and equality for all.
Frequently Asked Questions (FAQs)
1. Are there any modern-day examples of unjust laws? Yes, many countries still grapple with laws that discriminate against certain groups based on race, religion, gender, or sexual orientation. Examples include laws restricting reproductive rights or those that disproportionately target marginalized communities.
2. How can we identify unjust laws? Look for laws that discriminate, violate human rights, lack due process, and are enforced through oppression. Consider the impact on vulnerable groups and whether they promote equality or exacerbate inequality.
3. What role do international human rights laws play in combating injustice? International human rights laws provide a framework for holding nations accountable for violating fundamental rights. They offer a basis for legal challenges and advocacy efforts against unjust laws.
4. What is the role of civil disobedience in challenging unjust laws? Civil disobedience, the intentional breaking of unjust laws to highlight their injustice, has been a powerful tool for social change throughout history. It often serves as a catalyst for broader societal conversations and reform.
5. How can individuals contribute to the fight against unjust laws? Individuals can contribute by staying informed, supporting organizations working for legal reform, advocating for change through peaceful means, and engaging in civic participation. Educating oneself and others about injustice is also a critical step.
| unjust laws in history: The Color of Law: A Forgotten History of How Our Government Segregated America Richard Rothstein, 2017-05-02 New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past. |
| unjust laws in history: Civil Disobedience Lewis Perry, 2013-10-28 The distinctive American tradition of civil disobedience stretches back to pre-Revolutionary War days and has served the purposes of determined protesters ever since. This stimulating book examines the causes that have inspired civil disobedience, the justifications used to defend it, disagreements among its practitioners, and the controversies it has aroused at every turn. Tracing the origins of the notion of civil disobedience to eighteenth-century evangelicalism and republicanism, Lewis Perry discusses how the tradition took shape in the actions of black and white abolitionists and antiwar protesters in the decades leading to the Civil War, then found new expression in post-Civil War campaigns for women's equality, temperance, and labor reform. Gaining new strength and clarity from explorations of Thoreau's essays and Gandhi's teachings, the tradition persisted through World War II, grew stronger during the decades of civil rights protest and antiwar struggles, and has been adopted more recently by anti-abortion groups, advocates of same-sex marriage, opponents of nuclear power, and many others. Perry clarifies some of the central implications of civil disobedience that have become blurred in recent times--nonviolence, respect for law, commitment to democratic processes--and throughout the book highlights the dilemmas faced by those who choose to violate laws in the name of a higher morality. |
| unjust laws in history: Taming the Past Robert W. Gordon, 2017-06-09 A critical catalogue of how lawyers use history - as authority, as evocation of lost golden ages, as a nightmare to escape and as progress towards enlightenment. |
| unjust laws in history: International Migration Law Vincent Chetail, 2019-03-29 International Migration Law provides a detailed and comprehensive overview of the international legal framework applicable to the movement of persons across borders. The role of international law in this field is complex, and often ambiguous: there is no single source for the international law governing migration. The current framework is scattered throughout a wide array of rules belonging to numerous fields of international law, including refugee law, human rights law, humanitarian law, labour law, trade law, maritime law, criminal law, and consular law. This textbook therefore cuts through this complexity by clearly demonstrating what the current international law is, and assessing how it operates. The book offers a unique and comprehensive mapping of this growing field of international law. It brings together and critically analyses the disparate conventional, customary, and soft law on a broad variety of issues, such as irregular migration, human trafficking, refugee protection, labour migration, non-discrimination, regional free movement schemes, and global migration governance. It also offers a particular focus on important groups of migrants, namely migrant workers, refugees, and smuggled migrants. It maps the current status of the law governing their movement, providing a thorough critical analysis of the various stands of international law which apply to them, suggesting how the law may continue to develop in the future. This book provides the perfect introduction to all aspects of migration and international law. |
| unjust laws in history: Judges and Unjust Laws Douglas E. Edlin, 2010-07-22 With keen insight into the common law mind, Edlin argues that there are rich resources within the law for judges to ground their opposition to morally outrageous laws, and a legal obligation on them to overturn it, consequent on the general common law obligation to develop the law. Thus, seriously unjust laws pose for common law judges a dilemma within the law, not just a moral challenge to the law, a conflict of obligations, not just a crisis of conscience. While rooted firmly in the history of common law jurisprudence, Edlin offers an entirely fresh perspective on an age-old jurisprudential conundrum. Edlin's case for his thesis is compelling. ---Gerald J. Postema, Cary C. Boshamer Professor of Philosophy and Professor of Law, University of North Carolina at Chapel Hill, and author of Bentham and the Common Law Tradition Douglas Edlin builds a powerful historical, conceptual, and moral case for the proposition that judges on common law grounds should refuse to enforce unjust legislation. This is sure to be controversial in an age in which critics already excoriate judges for excessive activism when conducting constitutional judicial review. Edlin's challenge to conventional views is bold and compelling. ---Brian Z. Tamanaha, Chief Judge Benjamin N. Cardozo Professor of Law, St. John's University, and author of Law as a Means to an End: Threat to the Rule of Law Professor Edlin's fascinating and well-researched distinction between constitutional review and common law review should influence substantially both scholarship on the history of judicial power in the United States and contemporary jurisprudential debates on the appropriate use of that power. ---Mark Graber, Professor of Law and Government, University of Maryland, and author of Dred Scott and the Problem of Constitutional Evil Is a judge legally obligated to enforce an unjust law? In Judges and Unjust Laws, Douglas E. Edlin uses case law analysis, legal theory, constitutional history, and political philosophy to examine the power of judicial review in the common law tradition. He finds that common law tradition gives judges a dual mandate: to apply the law and to develop it. There is no conflict between their official duty and their moral responsibility. Consequently, judges have the authority---perhaps even the obligation---to refuse to enforce laws that they determine unjust. As Edlin demonstrates, exploring the problems posed by unjust laws helps to illuminate the institutional role and responsibilities of common law judges. Douglas E. Edlin is Associate Professor of Political Science at Dickinson College. |
| unjust laws in history: New Approaches to International Law José María Beneyto, David Kennedy, 2012-09-26 This volume offers a unique reflection on the historic and contemporary influence of the New Approaches to International Law (NAIL) movement within the context of Europe and America. In particular, the contributions focus on the intellectual product of NAIL's founder, David Kennedy, in relation to three legal streams: human rights, legal history, and the law of war. On the one hand, the volume is valuable reading for a broad audience interested in the current challenges facing global governance, and how critical studies might contribute to innovative intellectual and practice-oriented developments in international law. On the other hand, stemming from a 2010 seminar in Madrid that brought together scholars to discuss David Kennedy's scholarship over the last three decades, the contributions here are a testament to the community and ideas of the NAIL tradition. The volume includes scholars from a wide field of legal interests and backgrounds. |
| unjust laws in history: The History of English Law Before the Time of Edward I Frederick Pollock, Frederic William Maitland, 1898 |
| unjust laws in history: From Plato to NATO David Gress, 1998 The end of the Cold war and the imminent unification of Europe raises urgent questions about the future of the Western Alliance. FROM PLATO TO NATO analyses European civilisation's legacy from its inception and traces the ongoing debate about the West through to the present day. David Gress assesses historical accounts of the West and argues that while often attacked as a cover for exploitation, the legitimacy and unity of the West appears to contain both the rationality of the enlightenment and the mythological visions of fascism. It will be up to the Westerners to choose which 'West' they want to embrace. FROM PLATO TO NATO is the first book to make sense of the enduring value of Western politics and culture at a time when the West is facing its greatest challenge since World War Two - how to include new democracies in a world order that is struggling to preserve the egalitarian values of the Western Tradition. |
| unjust laws in history: Law's History David M. Rabban, 2013 This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education. |
| unjust laws in history: Letter from Birmingham Jail Martin Luther King, 2025-01-14 A beautiful commemorative edition of Dr. Martin Luther King's essay Letter from Birmingham Jail, part of Dr. King's archives published exclusively by HarperCollins. With an afterword by Reginald Dwayne Betts On April 16, 1923, Dr. Martin Luther King Jr., responded to an open letter written and published by eight white clergyman admonishing the civil rights demonstrations happening in Birmingham, Alabama. Dr. King drafted his seminal response on scraps of paper smuggled into jail. King criticizes his detractors for caring more about order than justice, defends nonviolent protests, and argues for the moral responsibility to obey just laws while disobeying unjust ones. Letter from Birmingham Jail proclaims a message - confronting any injustice is an acceptable and righteous reason for civil disobedience. This beautifully designed edition presents Dr. King's speech in its entirety, paying tribute to this extraordinary leader and his immeasurable contribution, and inspiring a new generation of activists dedicated to carrying on the fight for justice and equality. |
| unjust laws in history: Justice Accused Robert M. Cover, 1975-01-01 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 |
| unjust laws in history: A Concise History of the Common Law Theodore Frank Thomas Plucknett, 2001 Originally published: 5th ed. Boston: Little, Brown and Co., 1956. |
| unjust laws in history: The Long Arc of Legality David Dyzenhaus, 2022-01-27 Explores how the central question of philosophy of law is the legal subject's: how can that be law for me? |
| unjust laws in history: Jury Nullification Clay S. Conrad, 2013-12-05 The Founding Fathers guaranteed trial by jury three times in the Constitution—more than any other right—since juries can serve as the final check on government’s power to enforce unjust, immoral, or oppressive laws. But in America today, how independent c |
| unjust laws in history: The Oxford Handbook of Legal History Markus D. Dubber, Christopher Tomlins, 2018-08-02 Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts. |
| unjust laws in history: Birthright Citizens Martha S. Jones, 2018-06-28 Explains the origins of the Fourteenth Amendment's birthright citizenship provision, as a story of black Americans' pre-Civil War claims to belonging. |
| unjust laws in history: Foundations of International Migration Law Brian Opeskin, Richard Perruchoud, Jillyanne Redpath-Cross, 2012-09-27 International migration law is an important field of international law, which has attracted exceptional interest in recent years. This book has been written from a wide variety of perspectives for those wanting to understand the legal framework that regulates migration. It is intended for students new to this field of study who seek an overview of its many components. It will also appeal to those who have focussed on a particular branch of international migration law but require an understanding of how their specialisation fits with other branches of the discipline. Written by migration law specialists and led by respected international experts, this volume draws upon the combined knowledge of international migration law and policy from academia; international, intergovernmental, regional and non-governmental organisations; and national governments. Additional features include case studies, maps, break-out boxes and references to resources which allow for a full understanding of the law in context. |
| unjust laws in history: Slavery by Another Name Douglas A. Blackmon, 2012-10-04 A Pulitzer Prize-winning history of the mistreatment of black Americans. In this 'precise and eloquent work' - as described in its Pulitzer Prize citation - Douglas A. Blackmon brings to light one of the most shameful chapters in American history - an 'Age of Neoslavery' that thrived in the aftermath of the Civil War through the dawn of World War II. Using a vast record of original documents and personal narratives, Blackmon unearths the lost stories of slaves and their descendants who journeyed into freedom after the Emancipation Proclamation and then back into the shadow of involuntary servitude thereafter. By turns moving, sobering and shocking, this unprecedented account reveals these stories, the companies that profited the most from neoslavery, and the insidious legacy of racism that reverberates today. |
| unjust laws in history: Civil Disobedience Henry David Thoreau, 2009-01-01 Thoreau wrote Civil Disobedience in 1849. It argues the superiority of the individual conscience over acquiescence to government. Thoreau was inspired to write in response to slavery and the Mexican-American war. He believed that people could not be made agents of injustice if they were governed by their own consciences. |
| unjust laws in history: Principles of International Investment Law Rudolf Dolzer, Ursula Kriebaum, Christoph Schreuer, 2022-01-13 This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor-State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students, scholars, and practitioners alike. |
| unjust laws in history: Brown v. Board of Education James T. Patterson, 2001-03-01 2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, I was so happy, I was numb. The novelist Ralph Ellison wrote, another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children! Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954? |
| unjust laws in history: Communities in Action National Academies of Sciences, Engineering, and Medicine, Health and Medicine Division, Board on Population Health and Public Health Practice, Committee on Community-Based Solutions to Promote Health Equity in the United States, 2017-04-27 In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome. |
| unjust laws in history: The Code of Hammurabi Hammurabi, 2017-07-20 The Code of Hammurabi (Codex Hammurabi) is a well-preserved ancient law code, created ca. 1790 BC (middle chronology) in ancient Babylon. It was enacted by the sixth Babylonian king, Hammurabi. One nearly complete example of the Code survives today, inscribed on a seven foot, four inch tall basalt stele in the Akkadian language in the cuneiform script. One of the first written codes of law in recorded history. These laws were written on a stone tablet standing over eight feet tall (2.4 meters) that was found in 1901. |
| unjust laws in history: The New Jim Crow Michelle Alexander, 2012-01-16 Once in a great while a book comes along that changes the way we see the world and helps to fuel a nationwide social movement. The New Jim Crow is such a book. Praised by Harvard Law professor Lani Guinier as brave and bold, this book directly challenges the notion that the election of Barack Obama signals a new era of colorblindness. With dazzling candor, legal scholar Michelle Alexander argues that we have not ended racial caste in America; we have merely redesigned it. By targeting black men through the War on Drugs and decimating communities of color, the U.S. criminal justice system functions as a contemporary system of racial control—relegating millions to a permanent second-class status—even as it formally adheres to the principle of colorblindness. In the words of Benjamin Todd Jealous, president and CEO of the NAACP, this book is a call to action. Called stunning by Pulitzer Prize–winning historian David Levering Lewis, invaluable by the Daily Kos, explosive by Kirkus, and profoundly necessary by the Miami Herald, this updated and revised paperback edition of The New Jim Crow, now with a foreword by Cornel West, is a must-read for all people of conscience. |
| unjust laws in history: An Australian Legal History Alex Cuthbert Castles, 1982 Includes cases, concepts and principles affecting status of Aboriginal people under British law; territorium nullius and non-recognition of Aboriginal land rights. |
| unjust laws in history: Philosophy of Law: A Very Short Introduction Raymond Wacks, 2014-02-27 The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable. |
| unjust laws in history: A Historical Introduction to the Law of Obligations David J. Ibbetson, 2001 David Ibbetson exposes the historical layers beneath the modern rules and principles of contract, tort, and unjust enrichment. Small-scale changes caused by lawyers exploiting procedural advantages in their clients' interest are described & analyzed. |
| unjust laws in history: Law in Theory and History Maksymilian Del Mar, Michael Lobban, 2016-11-17 This collection of original essays brings together leading legal historians and theorists to explore the oft-neglected but important relationship between these two disciplines. Legal historians have often been sceptical of theory. The methodology which informs their own work is often said to be an empirical one, of gathering information from the archives and presenting it in a narrative form. The narrative produced by history is often said to be provisional, insofar as further research in the archives might falsify present understandings and demand revisions. On the other side, legal theorists are often dismissive of historical works. History itself seems to many theorists not to offer any jurisprudential insights of use for their projects: at best, history is a repository of data and examples, which may be drawn on by the theorist for her own purposes. The aim of this collection is to invite participants from both sides to ask what lessons legal history can bring to legal theory, and what legal theory can bring to history. What is the theorist to do with the empirical data generated by archival research? What theories should drive the historical enterprise, and what wider lessons can be learned from it? This collection brings together a number of major theorists and legal historians to debate these ideas. |
| unjust laws in history: The Truly Disadvantaged William Julius Wilson, 2012-06-29 An assessment of the relationship between race and poverty in the United States, and potential solutions for the issue. Renowned American sociologist William Julius Wilson takes a look at the social transformation of inner-city ghettos, offering a sharp evaluation of the convergence of race and poverty. Rejecting both conservative and liberal interpretations of life in the inner city, Wilson offers essential information and several solutions to policymakers. The Truly Disadvantaged is a wide-ranging examination, looking at the relationship between race, employment, and education from the 1950s onwards, with surprising and provocative findings. This second edition also includes a new afterword from Wilson himself that brings the book up to date and offers fresh insight into its findings. Praise for The Truly Disadvantaged “The Truly Disadvantaged should spur critical thinking in many quarters about the causes and possible remedies for inner city poverty. As policymakers grapple with the problems of an enlarged underclass they—as well as community leaders and all concerned Americans of all races—would be advised to examine Mr. Wilson’s incisive analysis.” —Robert Greenstein, New York Times Book Review “The Truly Disadvantaged not only assembles a vast array of data gleamed from the works of specialists, it offers much new information and analysis. Wilson has asked the hard questions, he has done his homework, and he has dared to speak unpopular truths.” —Los Angeles Times Book Review “Required reading for anyone, presidential candidate or private citizen, who really wants to address the growing plight of the black urban underclass.” —David J. Garrow, Washington Post Book World |
| unjust laws in history: Handbook of the History of the Philosophy of Law and Social Philosophy Gianfrancesco Zanetti, Mortimer Sellers, Stephan Kirste, 2023-04-03 This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike. |
| unjust laws in history: The Oxford Handbook of European Legal History Heikki Pihlajamäki, Markus D. Dubber, Mark Godfrey, 2018-06-28 European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on heartlands of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical fringes such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas. |
| unjust laws in history: On Fairness Sally McManus, 2020-03-31 Most of us believe in fairness. Why then do we have creeping inequality in the land of the fair go? The answer lies in stagnant wage rises, gender pay inequity, insecure work and the lack of real opportunities for all while corporations are still consuming large profits and executives claim record bonuses. Sally McManus confronts these truths every day. In On Fairness, she explores the true cost of social injustice and argues for advancing Australia fair. |
| unjust laws in history: Trademark and Unfair Competition Conflicts Tim W. Dornis, 2017-02-23 This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access. |
| unjust laws in history: The Federalist Papers Alexander Hamilton, John Jay, James Madison, 2018-08-20 Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States. |
| unjust laws in history: The Age of Austerity Thomas Byrne Edsall, 2012-01-10 One of our most prescient political observers provides a sobering account of how pitched battles over scarce resources will increasingly define American politics in the coming years—and how we might avoid, or at least mitigate, the damage from these ideological and economic battles. In a matter of just three years, a bitter struggle over limited resources has enveloped political discourse at every level in the United States. Fights between haves and have-nots over health care, unemployment benefits, funding for mortgage write-downs, economic stimulus legislation—and, at the local level, over cuts in police protection, garbage collection, and in the number of teachers—have dominated the debate. Elected officials are being forced to make zero-sum choices—or worse, choices with no winners. Resource competition between Democrats and Republicans has left each side determined to protect what it has at the expense of the other. The major issues of the next few years—long-term deficit reduction; entitlement reform, notably of Social Security, Medicare, and Medicaid; major cuts in defense spending; and difficulty in financing a continuation of American international involvement—suggest that your-gain-is-my-loss politics will inevitably intensify. |
| unjust laws in history: The Rule of Law History, Theory and Criticism Pietro Costa, Danilo Zolo, 2007-05-06 Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels. |
| unjust laws in history: Women in Roman Law and Society Jane F. Gardner, 2008-03-07 The legal situation of the women of ancient Rome was extremely complex, and - since there was no sharp distinction between free woman, freedwoman and slave - the definition of their legal position is often heard. Basing her lively analysis on detailed study of literary and epigraphic material, Jane F. Gardner explores the provisions of the Roman laws as they related to women. Dr Gardner describes the ways in which the laws affected women throughout their lives - in families, as daughters, wives and parents; as heiresses and testators; as owners and controllers of property; and as workers. She looks with particular attention at the ways in which the strict letter of the law came to be modified, softened, circumvented, and even changed, pointing out that the laws themselves tell us as much about the economic situation of women and the range of opportunities available to them outside the home. |
| unjust laws in history: The Universal Declaration of Human Rights , 1978 |
| unjust laws in history: The Tolpuddle Martyrs Herbert Vere Evatt, 2009 In his introduction to this new edition of Herbert ('Doc') Evatt's brilliant account of the six rural labourers transported in 1834 for swearing an oath of solidarity, Geoffrey Robertson argues that the case should inspire the Rudd Labor government to legislate for a bill of rights in Australia today. |
| unjust laws in history: Retrospectivity and the Rule of Law Charles J. G. Sampford, Jennie Louise, Sophie Blencowe, Tom Round, 2006 However controversial, retrospective rule-making is not at all uncommon, and has been used by governments of all political persuasions for a number of applications. This text looks at the various ways in which laws may be seen as retrospective, as well as analysing the problems in defining retrospectivity. |
UNJUST LAW AS A JUSTIFICATION FOR CIVIL DISOBEDIENCE
citizens, either by making unjust laws or by omitting their legal duties, citizens should try to change such laws or the entire government (if it becomes necessary) , through the set legal ...
Unjust Laws in a Democratic Society: Some Philosophical and …
As history demonstrates, a democracy without values easily turns into open or thinly disguised totalitarianism' [Centesimus Annus 46]. 6 [See John Finnis, "A Philosophical Case against …
MARTIN LUTHER KING QUOTES
There are two types of laws: just and unjust. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. One who …
Judges and Unjust Laws - ndl.ethernet.edu.et
Unjust laws have troubled lawyers, political scientists, and philosophers since they ‹rst re›ected on the legal standards by which people govern themselves. Unjust laws raise dif‹cult questions …
Fifty Years of Canadian Legal History - University of Toronto
history, women’s history, the history of ethnic, racial, and other minorities, including political dissidents, and the history of the ways in which Canadian law has profoundly affected the laws …
Helping Enact Unjust Laws without Complicity in Injustice
The Objection condemns voting for proposals (bills or laws) that aim to prohibit some but not all seriously unjust acts of a certain kind, and to elimin-ate some but not all unjust elements of the …
Henry David Thoreau: Resistance to Civil Government (1849)
Unjust laws exist: shall we be content to obey them, or shall we endeavor to amend them, and obey them until we have succeeded, or shall we transgress them at once? Men generally, …
H.L.A. Hart on Justice - Cornell University
Hart says that the laws themselves may be unjust either because they do not distribute burdens or benefits fairly or because they do not afford compensation for harm done by others. ... cal …
The principle of unjust enrichment in international law - JSTOR
not only of the formal legal tides but also the history of the politico-economic relations between the parties.6 Although the concept of unjust enrichment has been invoked and applied in many …
ON THE MORAL OBLIGATION TO OBEY UNJUST LAWS
unjustness of unjust laws has to be understood as mere disagreement that a citizen has with the justness of the laws in question. Christiano frequently interchanges the qualifier unjust with a …
GRADE 11 HISTORY FINAL EXAMINATION (IEB-STYLE …
implications of the Suppression of Communism Bill to fight the last fight against the Pass Laws, against low wages, against the Urban Areas Act, the Group Areas Bill, the Riotous Assemblies …
The Role of Disorder in Order: Civil Disobedience and the Rule …
Tiananmen Square in 1989, civil disobedience has played a key role throughout history in creating a sense of discomfort to enact change. Civildisobedience is the purposeful defiance of ... a …
The Friendship Nine Journey from Jail to Justice
rather strange and paradoxical to find us consciously breaking laws. One may well ask, "How can you advocate breaking some laws and obeying others?" The answer is found in the fact that …
Civil Disobedience: The Problem of Selective Obedience to Law
A. Which Laws Are "Unjust" A serious deficiency in the theory seeking to justify civil disobedi-ence is that it provides no principled basis for deciding which are the unjust laws. The definitions of …
Twelve Problems with Substantive Due Process
Oct 16, 2018 · Disproportionate and otherwise deeply unjust laws can therefore be enforced with “due process of law.” Limits on the substantive . content . of law appear elsewhere, such as in …
The Social Ethics of Martin Luther King - us-organization.org
obeying the established order and its unjust laws. He maintained that our “highest loyal-ty is to God and not to the mores, or folk-ways, the state or the nation or any man-made institution.” …
Henry David Thoreau, Martin Luther King Jr., and the …
tice and to disobey unjust laws. The American tradition of protest, strongly influenced by Thoreau's writing on civil disobedience, includes the notion of nonviolent, direct action. Martin …
American Government And Politics Today The Essentials
Discuss the history and current status of Latinos, American Indians, and Asian Americans. Professor Chounlamountry 2. Professor Chounlamountry 3 CIVIL RIGHTS: INTRODUCTION …
An Introduction to the Law of Unjust Enrichment - CORE
unjust enrichment, which is unfortunate given how frequently issues concerning unjust enrichment arise. This article seeks to address the problem by offering an introduction to the subject. The …
Unjust Laws In History (book) - api.sccr.gov.ng
Unjust Laws In History: The Color of Law: A Forgotten History of How Our Government Segregated America Richard Rothstein,2017-05-02 New York Times Bestseller Notable Book …
Shaping the law of unjust enrichment - Faculty of Law
Shaping the law of unjust enrichment No. 6 in the Law Faculty Series (2014) www.law.ox.ac.uk Work by the late Professor Peter Birks and Professor Andrew Burrows QC, Professor of the …
Unjust Enrichment - International Law Students Association
Unjust enrichment — State succession, international agreements — Customary international law — Equity ... 2 A comparative analysis of domestic laws reveals (General Principles of Law; …
Just Laws versus Unjust Laws: Asserting the Morality of Civil ...
he obeys the law, he would be guilty of knowingly aiding to sustain an unjust system. If he follows his moral judgment and violate the law, he would be charged with the penalty stipulated in the …
Lesson 9: Civil Disobedience - Moving Beyond the Page
King was inspired by Thoreau's nonviolent ideas and tactics to resist unjust laws. Review the defnition of civil disobedience — when someone, in an open and public way, refuses to comply …
UNJUST LAW AS A JUSTIFICATION FOR CIVIL DISOBEDIENCE
citizens, either by making unjust laws or by omitting their legal duties, citizens should try to change such laws or the entire government (if it becomes necessary) , through the set legal ...
CHAPTER 11 An Unjust Legal System - Department of Justice
Slaves,” which combined older laws regarding forced la-bor in Virginia. This law prohibited African Americans from engaging in activity that white people were free to do such as resisting a white …
The Death of a Gadfly: Civil Disobedience and the Trial of …
Civil disobedience in the face of morally unjust laws is not only acceptable, but often the best course of action. Socrates practiced a very benign role as a gadfly, stirring the city of Athens to …
Martin Luther King's 'Letter From Birmingham Jail'
rather strange and paradoxical to find us consciously breaking laws. One may well ask, "How can you advocate breaking some laws and obeying others?" The answer is found in the fact that …
JUST LAWS, UNJUST LAWS, AND THEO-MORAL …
that civil rights activists' blatant breaking of some laws while obeying others was the result of two types of laws: just laws and unjust laws. Civil rights activists believed they had a legal …
Letter to the Editor, Unjust to Women, 1908 - Oregon …
Letter to the Editor, Unjust to Women, 1908 By Louisa Dana Haring In this letter to editor Clara Bewick Colby of the Woman’s Tribune, author Louisa Dana Haring of Chicago, Illinois …
HISTORY OF FOOD LAWS IN THE UNITED STATES - Springer
HISTORY OF FOOD LAWS IN THE UNITED STATES COLONIAL FOOD LAWS Despite some beliefs to the contrary, the United States has developed laws regulating food which are not …
Socrates on Justice and Legal Obligation - Seton Hall University
because they are unjust, but in spite of their being unjust). They are to be obeyed simply because they are duly enacted laws. So it would appear that the question whether a law should be …
Unjust Laws In History [PDF] - admin.sccr.gov.ng
Unjust Laws In History: The Color of Law: A Forgotten History of How Our Government Segregated America Richard Rothstein,2017-05-02 New York Times Bestseller Notable Book …
Martin Luther King Jr. Resources from the Kennedy Library …
: “What If Laws Are Unjust?” Though this lesson plan is noted for middle school audiences, it can easily be adapted for high school audiences. In this lesson, students read and analyze …
Dworkin and Unjust Law David Dyzenhaus - upjs.sk
injusta non est lex-- an unjust law is not law—which means he has to face the predicament for his theory created by the sheer facticity of unjust laws and illegitimate legal systems. Indeed, in …
Jefferson and King: Changes for America
have to begin (King 222). Both documents argue that in order to invoke change, some unjust laws must be broken. These authors consider the laws to be unjust for very different reasons. In the …
Introduction: Roman Wars and Roman Laws - Institute for …
accusing the Romans of unjust warfare and culminating in a chapter on ‘‘The Tyranny of the Romans.’’ The second book, titled ‘‘Defense of the ... introduction: roman wars and roman …
THE DEFIANCE CAMPAIGN, 1952: SOCIAL STRUGGLE OR …
The Defiance of Unjust Laws On 26 June 1952, a campaign to secure the repeal of six unjust laws was launched by a Joint Planning Council, composed of leaders of the African National …
Dumb Laws (List) - PGUSD
Dumb Laws (List) Alabama: • Anniston: You may not wear blue jeans down Noble Street. • Bear wrestling matches are prohibited. • Dominoes may not be played on Sunday. • It is illegal for a …
The Rockefeller Drug Laws - NYCLU
integrity of the criminal justice system. The state’s drug sentencing laws are the legacy of a grim racial history. And the nature of the injustice worked by these laws can only be fully …
Aquinas Treatise On Law
Just human laws reflect and further specify the principles of natural law, promoting the common good and ensuring social order. Unjust laws, which violate natural law, are not true laws—they …
Within Each Lawyer's Conscience a Touchstone: Law, Morality, …
disobedience was justified under certain circumstances to protest unjust laws). 3 I will use “civil disobedience,” “conscientious noncompliance,” and other related terms interchangeably to …
Unjust Laws In History - admin.sccr.gov.ng
Unjust Laws In History: The Color of Law: A Forgotten History of How Our Government Segregated America Richard Rothstein,2017-05-02 New York Times Bestseller Notable Book …
Unjust Laws In History - admin.sccr.gov.ng
Unjust Laws In History: The Color of Law: A Forgotten History of How Our Government Segregated America Richard Rothstein,2017-05-02 New York Times Bestseller Notable Book …
Unjust Laws In History (Download Only) - admin.sccr.gov.ng
Unjust Laws In History: The Color of Law: A Forgotten History of How Our Government Segregated America Richard Rothstein,2017-05-02 New York Times Bestseller Notable Book …
Restatement Of The Law Restitution And Unjust Enrichment
Unjust Enrichment Embark on a transformative journey with is captivating work, Restatement Of The Law ... history, and much more. One notable platform where you can explore and …
Natural Right and History - The University of Chicago Press
Natural Right and History by Leo Strauss Six lectures delivered at the University of Chicago, Autumn 1949, under the auspices of ... Now it is obviously meaningful, and sometimes even …
Nonviolent Civic Action - United States Institute of Peace
Unjust laws and governmental policies have been repealed. New laws have been enacted in response to nonviolent campaigns to protect the ... and often very painful, setbacks, we should …
Unjust Laws In History - admin.sccr.gov.ng
Unjust Laws In History: The Color of Law: A Forgotten History of How Our Government Segregated America Richard Rothstein,2017-05-02 New York Times Bestseller Notable Book …
