The case of the speluncean explorers

I concede for purposes of argument that I am wrong in saying that the situation of these men removed them from the effect of our positive law, and I assume that the Consolidated Statutes have the power to penetrate five hundred feet of rock and to impose themselves upon these starving men huddled in their underground prison.

No superior wants a servant who lacks the capacity to read between the lines. He was confused as to what effect this precedent [19] would have on future cases before the courts. Of course I realize on reflection that I may be concerning myself with a problem that will never arise, since it is unlikely that any group [original page number ] of men will ever again be brought to commit the dread act that was involved here.

The second ground that he takes is that one of the most ancient bits of legal wisdom is the saying that a man may break the letter of the law without breaking the law itself. Collins would have his opportunity to argue the law in front of the expanded bench.

These philosophies presented men with live questions of choice in the days of Plato and Aristotle. Success was finally achieved on the thirty-second day after the men entered the cave. Still, if this is so, why is it that we of this Court so often discuss the question whether we are likely to have later occasion to apply a principle urged for the solution of the case before us?

But an inventory of these borrowed elements only brings into relief the extent of Fuller's creativity. It is to me a matter of regret that the Prosecutor saw fit to ask for an indictment for murder. During this time, starving, they cast lots to see who would sacrifice his own life for the others.

He disagreed with Foster on the state of nature issue, but he agreed with Foster that there is precedential value in his theory of self-defense. If we were forced to be more articulate about the matter, we would probably take refuge in the more sophisticated theories of the criminologists, which, of course, were certainly not in the minds of those who drafted our statute.

This would allow justice to be achieved "without impairing either the letter or spirit of our statutes and without offering any encouragement for the disregard of law". When they are rescued, they are prosecuted for murder, which in Newgarth carries a mandatory death penalty.

It is similar to a situation in which a crime is committed outside the territorial jurisdiction of the State. He rested this conclusion on two independent grounds. Such a revision would have drawn on the assistance of natural philosophers and psychologists, and the resulting regulation of the matter would have had an understandable and rational basis, instead of the hodgepodge of verbalisms and metaphysical distinctions that have emerged from the judicial and professorial treatment.

Early in May of they, in the company of Roger Whetmore, then also a member of the Society, penetrated into the interior of a limestone cavern of the type found in the Central Plateau of this Commonwealth.

It happened when a small yacht being sailed to Australia by an experienced English seafarer, Tom Dudley, and his mates Edwin Stephens, Edmund Brooks and the year old cabin boy, Richard Thomas Parker.The Case of the Speluncean Explorers: Twentieth-Century Statutory Interpretation in a Nutshell William N.

Eskridge, Jr.* Roger Whetmore is cannibalized by his cave-exploring colleagues. Professor Lon L.

The Case of the Speluncean Explorers

Fuller's Case of the Speluncean Explorers is said to be the greatest fictitious legal case of all time. That is saying a lot, for it has some stiff competition.

While its competitors may outdo it in courtroom drama, character development, or investigative suspense, none matches it in legal depth or dialectical agility. The Case of the Speluncean Explorers, written in by Lon Fuller, is the most famous fictitious legal case of all time.

Describing a case of trapped travellers who are forcd to cannibalize one of their team, it is used on courses in philosophy of law and Jurisprudence to show how their trial upon rescue touches on key concepts in philosophy Reviews: 6. the case of the speluncean explorers: a fiftieth anniversary symposium foreword: a cave drawing for the ages david l.

shapiro* i. introduction'. "The Case of the Speluncean Explorers" is an article by legal philosopher Lon L. Fuller first published in the Harvard Law Review in Largely taking the form of a fictional judgment.

Case speluncean explorers Justice Truepenny. Indeed, given the facts of the case, the Executive is likely to provide clemency, and the court should formally encourage the executive to do so. Justice Foster.

The Case of the Speluncean Explorers

Would reverse. The statute is inapplicable for two separate reasons.

The case of the speluncean explorers
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