Confronting Injustice: Moral History and Political Theory

Description

David Lyons challenges us to confront grave injustices committed in the United States, from the colonists' encroachments on Indian lands to slavery and the legacy of racism. He calls upon legal and political theorists to take these social wrongs seriously in their approaches to moral obligation under law and the justification of civil disobedience. Title Pages Dedication Acknowledgments Introduction Abstract and Keywords Notes 1.The Balance of Injustice and the War for Independence (pp.6-13) Abstract and Keywords I Land, Ownership, and Expansion II The Conflict and the Consequences III The Moral Argument Notes 2. Slavery and the Rule of Law in Early Virginia (pp.11-28) Abstract and Keywords I Introduction II Virginia’s Labor Problem III English Law IV Africans in Early Virginia V Colonial Legislation About Slavery VI Customary Law VII The Slave Trade Argument VIII Conclusion Notes 3. The Legal Entrenchment of Illegality (pp.29-46) Abstract and Keywords I Jim Crow6 II The Supreme Court III Legal Theory IV Further Reflections Notes 4. Unfinished Business: Racial Junctures in US History and Their Legacy (pp.47-84) Abstract and Keywords I Introduction II The Creation of Chattel Slavery4 III The Legal Entrenchment of Slavery IV The First Quasi-Reconstruction V The Second Quasi-Reconstruction VI Addressing the Legacy Notes 5. Corrective Justice, Equal Opportunity, and the Legacy of Slavery and Jim Crow (pp.85-111) Abstract and Keywords I Introduction II Compensation, Restitution, and Corrective Justice A. The Moral Debt Model B. The Material Disadvantage Model (p.92) C. The Unjust Enrichment Model D. The Institution Model III The Role of the Federal Government16 (p.96) A. The Eighteenth Century18 B. The Nineteenth Century21 C. The Twentieth Century24 IV What Is To Be Done? A. The Material Component B. The Moral Component Notes 6. Normal Law, Nearly Just Societies, and Other Myths of Legal Theory (pp.112-29) Abstract and Keywords I II III IV V Notes 7. Moral Judgment, Historical Reality, and Civil Disobedience (pp.130-47) Abstract and Keywords I II III IV Notes 8. Political Responsibility and Resistance to Civil Government (pp.148-76) Abstract and Keywords I Political Responsibility II Tax Refusal III Individual Accountability Notes 9. Courage and Political Resistance (pp.177-93) Abstract and Keywords I Political Resistance II Saving Lives in My Lai III Resisting in Warsaw6 IV Organizing in Mississippi V Postscript Notes 10. Epilog: From Politics to Philosophy (pp.194-209) Abstract and Keywords Notes References Cases cited Legislation and other written law cited Other colonial law Post-colonial law Books and articles cited Index