1 Lon L Fuller, `The Case of the Speluncean Explorers’ 2 See, eg, Jordi Ferrer Beltr n and Giovanni Battista Ratti (eds), The Logic of Legal Requirements. articles were Henry Hart’s famous dialogue2 and Lon Fuller’s presen- tation of the case of the speluncean explorers.3 They still are. Why is that so? Perhaps one. Tags: legal theory, judicial decisions, Speluncean Explorers . the force of legal theories in action is Lon Fuller’s The Case of the Speluncean
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After the four survivors are rescued, they are charged and found guilty of the murder of the fifth explorer. They decide to engage in cannibalismand select one of their number to be killed and eaten so that the others may survive. Principal purpose of the criminal law — deterrence — would not be served by convicting the defendants.
English Choose a language for shopping. Lycan – – Philosophical Perspectives 15 s The Chief Justice states that the ful,er is unambiguous, with no applicable legal defences, so it must be applied by the court.
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The Case of the Speluncean Explorers
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Two judges affirm the convictions, emphasising the importance of the separation of powers and literal approach to statutory interpretation.
Justice Keen recalls that earlier instances of judicial activism in Newgarth culler ultimately led to civil warwhich established the supremacy of the legislature over the judiciary. The cavers are ultimately convicted of murder.
The fourth opinion begins by excluding executive clemency and the morality of the defendants’ actions as relevant factors to the court’s deliberations. If this Court declares that under our law these men have committed a crime, then our law is itself convicted in the tribunal of common sense, no matter what happens to the individuals involved in this petition of error.
Charlesworth – – The Classical Review 44 The judges voting to uphold the convictions simply differ from Justices Foster and Handy on whose role it is to spare the defendants from the speluncesn penalty. Get to Know Us. Radio contact is eventually established with the cavers on the 20th day of the cave-in, and the cavers learn that another 10 days would be required in order to free them.
I believe something more is on trial in this case than the fate of these unfortunate explorers; that is the law of our Commonwealth. He is subsequently killed and eaten. Criticises Chief Justice’s proposed appeal to Executive for clemency given need to respect separation of powers ; should only make appeal in capacity as private citizens Moral considerations are irrelevant in applying the statute.
No one outside the cave is willing to answer this question. One of the cavers, Roger Whetmore, then asks on the cavers’ behalf if the cavers could survive ths days longer “if they consumed the flesh of one of their number”. This entry has no external links.
Lon L. Fuller, The Case of the Speluncean Explorers – PhilPapers
A Journal of the History of Science Amazon Inspire Digital Educational Resources. In the novel, Valjean is imprisoned after stealing bread to feed his sister’s starving children. Be the first to review this item Amazon Best Sellers Rank: Although the wording of the statute is clear and unambiguous, there is intense public pressure for the men to avoid facing the death penalty.
Largely taking the form of a fictional judgment, it presents a legal philosophy puzzle to the reader and five possible solutions in the form of judicial opinions that are attributed to judges sitting on the fictional spwluncean Court of Newgarth” in the year Marvin Henberg – – Environmental Ethics 6 3: He states that “almost every exploders that bears on the decision of the case is counterbalanced by an opposing consideration leading in the opposite direction.
In contrast to the other judges, Justice Handy prefers to use a “pragmatic, common-sense approach”, rather than abstract legal theories, to resolve the case. AmazonGlobal Ship Orders Internationally. Share your thoughts with other customers. The case involves five explorers who are caved in following a landslide.