Boston College Law School Digital Commons @ Boston College Law School Boston College Law School Faculty Papers 12-1-2019 Resistance Lawyering Daniel S. Farbman Boston College Law School,
[email protected] Follow this and additional works at: https://lawdigitalcommons.bc.edu/lsfp Part of the Civil Rights and Discrimination Commons, Law and Politics Commons, Law and Race Commons, and the Legal History Commons Recommended Citation Daniel S. Farbman. "Resistance Lawyering." California Law Review 107, no.6 (2019): 1877-1953. This Article is brought to you for free and open access by Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law School Faculty Papers by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact
[email protected]. Resistance Lawyering Daniel Farbman* This is the story of a group of abolitionist lawyers who devoted themselves to working within a legal system that they considered to be fundamentally unjust and illegitimate. These “resistance lawyers” used the limited and unfriendly procedural tools of the hated Fugitive Slave Law of 1850 to frustrate, oppose, and, if possible, dismantle the operation of that law. Abolitionist resistance lawyers were forthrightly committed both to ensuring that their clients remained free and to using the cases that arose under the Fugitive Slave Law to wage a proxy war against the institution of slavery. Their daily direct service practices were inextricably linked to their movement politics and aspirations for systemic reform. Using new archival research that upends the existing historical consensus, I show that this linked practice was dramatically more effective than previously thought, both in protecting individual clients and as a means of building political opposition to slavery in local and national politics.