Jump to ContentJump to Main Navigation
Confronting InjusticeMoral History and Political Theory$
Users without a subscription are not able to see the full content.

David Lyons

Print publication date: 2013

Print ISBN-13: 9780199662555

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199662555.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 October 2019

Corrective Justice, Equal Opportunity, and the Legacy of Slavery and Jim Crow 1

Corrective Justice, Equal Opportunity, and the Legacy of Slavery and Jim Crow 1

Chapter:
(p.85) 5 Corrective Justice, Equal Opportunity, and the Legacy of Slavery and Jim Crow1
Source:
Confronting Injustice
Author(s):

David Lyons

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199662555.003.0006

Bentham held that “To make a law is to do evil that good may come.” He did not assume that the good always comes, but he also said that “the motto of a good citizen” is “To obey punctually; to censure freely,” which implies that disobedience to law is morally wrong. That is an extreme version of the more commonplace notion that there is a moral presumption favoring obedience to law. Bentham was not alone in expressing such a view; one finds it also in Hart. This essay reveals that other prominent legal theorists, such as Austin and Dworkin, commit themselves to a respect for law that clashes with their own critical attitudes as well as with demonstrable facts of political history.

Keywords:   slavery, Jim Crow, racism, reparations, compensation, unjust enrichment, equal opportunity

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .