Problem nieposłuszeństwa sędziowskiego: Lemuel Shaw i sprawa Commonwealth v. Aves
Problem of Judges’ Disobedience: Lemuel Shaw and the Case of Commonwealth v. Aves

Summary/Abstract: The article consists of three parts. In the first one, the Author analyzes the concept of judges’ disobedience in two dimensions – individual (judicial conscience) and institutional(separateness and independence of the third power). The particular emphasis is put on the institutional dimension – especially in the context of the case law of American courts on slavery.The other two parts are of exemplification nature as they primarily provide the analysis of the American jurisprudence in the first half of the 19th century. First, the Author presents facts and rulings in the well-known case of Commonwealth v. Aves of 1836, and then, he presents the personality and achievements of judge Leumel Shaw, the President of the Supreme Court of Massachusetts.

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