PHIL 2435 Lecture 8: 2.25 Judges and Unjust Laws (Feinberg)
Document Summary
Monetary rewards for judges who return fugitive slaves. Worst case scenario is torture and death. This is the definition of the job. Northern judges are faced with a difficult decision. 4 options: resignation, uphold the law against your conscience - i understand that my conscience opposes doing this, but i have a duty/obligation of role. If you want good laws upheld, you have to uphold the bad ones too: apply your conscience by refusing to uphold the law - ignore habeas corpus. Problem: won"t hold your position very long. Argue that it is not genuine, binding law because it goes against your morals: cheat - claim that the law is other than what you know it to be. Brings up some of the same issues.
