[lbo-talk] biz ethics/slavery/groups/constitutional

[Charles Brown]

From: "Luke Weiger" 

Well, one of his claims (which you don't seem to agree with) is that
sometimes judges ought to enforce immoral laws.  I happen to agree.

^^^^^^
CB: This is the way I would paraphrase what you say here: "Sometimes it is
moral for judges to enforce immoral laws . " To me "ought" is a synonym for
designating what is "moral". 

I'm not really commenting on what the judges "ought" do. Say a judge refused
to enforce the Fugitive Slave Act. The next higher court would have just
overturned the decision. What a particular judge thought doesn't matter does
it ?

I mean if the judge could prevail ( which sometimes they can because the
other party can't appeal for some reason),then I would say the judge ought
to go against the bad law. So, if a trial court judge in the ante-bellum era
had a fugitive slave brought before him (sic) and, the judge refused to
enforce the fugitive slave law, and the agent of the slave's master or the
master himself was unable to appeal the judge's decision, and the slave was
not returned to the master, I would say that would be meet and right,
great,honky dory. 

Do you and Justin disagree ?

Bad laws should not be enforced if the judge can get away with it. You can
quote me on that.