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The Unconstitutionality of Slavery

Written by Lysander Spooner

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"The Unconstitutionality of Slavery" by Lysander Spooner is a philosophical treatise written in the mid-19th century. The work argues against the legal foundation of slavery in the United States, asserting that it contradicts the principles of natural rights as enshrined in the Constitution. Spooner systematically examines historical documents, state constitutions, and legal definitions to elaborate his case, positioning slavery as an inherent injustice that lacks any lawful backing. At the start of the work, Spooner lays the groundwork by defining the concept of law, emphasizing that true law arises from natural justice and the rights of individuals. He sets out to prove that laws permitting slavery are inherently invalid, stating that any government contract or constitution that endorses injustice is legally void. He critiques judicial systems for failing to align with natural law, positing that the legal justification for slavery is a mere construct of power rather than a reflection of justice. Through this introduction, Spooner establishes a framework to challenge the legitimacy of slavery within the broader context of American law.

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