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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Justice Tatting disagrees strongly with Justice Foster’s rationales in overturning the convictions. Despite rejecting Justice Foster’s reasoning, Justice Tatting cannot bring himself to reach the alternative view, that the defendants’ convictions should be upheld.

James Allan – Ancient Rhetoric and the Semiotics of Law. Twentieth-Century Statutory Interpretation in a Nutshell”.

Marek Krawczyk – – Dialogue and Universalism 21 2: The laws of nature allowed to agree to sacrifice one person for the survival of the rest. Write a customer review. Following their rescue and recovery, the survivors are charged with the murder of Whetmore.

Monthly downloads Sorry, there are not enough data points to plot this chart. Sign in to use this feature. Feteris – – Ratio Juris 21 4: Two other judges overturn the convictions; one focuses on “common sense” and the popular will while the other uses arguments drawn from the natural law tradition, emphasizing the purposive approach.

The case involves five explorers who are caved in following a landslide. George Washington Law Review.

The Case of the Speluncean Explorers

If you are a seller for this product, would you like to suggest updates through seller support? They decide to engage in cannibalismand select one of their number to be killed and eaten so that the others may survive.

The survivors claim that Whetmore conceded that speluncesn dice were thrown fairly. The relevant statute provides that “Whoever shall willfully take the life of another shall be punished by death”, offering no exceptions which would be relevant to the case. Marvin Henberg – – Environmental Ethics 6 3: The Indeterminacy of an Emergency: Justice Handy notes that apart from the ambivalent Justice Tatting, the other judges share the majority public opinion. Defendants were in a “state of nature” so Newgarth’s normal laws did not apply to them; the laws of nature caxe allow them to agree to sacrifice one’s life to save the other four If the laws of Newgarth do apply, then a purposive approach must be taken to the statute.


From Wikipedia, the free encyclopedia. He criticizes the other judges for failing to distinguish the legal from the moral aspects of the case. Withoutabox Submit to Film Festivals.

Lon L. Fuller, The Case of the Speluncean Explorers – PhilPapers

In the novel, Valjean is imprisoned speluuncean stealing bread to feed his sister’s starving children. For us to assert that the law we uphold and expound compels us to a conclusion we are ashamed of, and guller which we can only escape by appealing to a dispensation resting within the personal whim of the Executive, seems to me to amount to an admission that the law of this Commonwealth no longer pretends to incorporate justice. Amazon Restaurants Food delivery from local restaurants.

Peter Drecker – – Topos No categories casw categorize this paper. I believe something more is on trial in this case than caes fate of these unfortunate explorers; that is the law of our Commonwealth. The judge counters oc objections of judicial activism by suggesting that although judges must obey the will of legislators, they must do so intelligently.

Principal purpose of the criminal law — deterrence — would not be served by convicting the defendants. The mandatory sentence for murder in Newgarth is death by hanging. Fuller first published in the Harvard Law Review in Feteris – – Argumentation 19 4: Request removal from index.

Statute is unambiguous and must be applied by judiciary notwithstanding personal views Clemency is a matter for the executivenot the judiciary Court should joint petition to Chief Executive for clemency. Amazon Music Stream millions of songs. He is subsequently killed and eaten. The article offers five possible judicial responses.



In the third opinion, Justice Tatting is emotionally “torn between sympathy for [the defendants] and a feeling of abhorrence and disgust at the monstrous act they committed”. Each differs in its reasoning and on whether the survivors should be found guilty of breaching the law.

A fifth judge, who is unable to reach a conclusion, recuses himself. As the Court’s decision is a tie, the original convictions are upheld and the men are sentenced to death.

Five cave explorers became trapped inside a cave following a landslide. Lycan – – Philosophical Perspectives 15 s After the four survivors are rescued, they are charged and found guilty of the murder of the fifth explorer. The cavers are ultimately convicted of murder.

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.

Largely taking the form of a fictional judgment, it presents a legal philosophy puzzle to the reader tne five possible solutions in the form of judicial opinions that are attributed to judges sitting on the fictional “Supreme Court of Newgarth” in the year Amazon Rapids Fun stories for kids on the go.

Above ground, substantial resources are spent to rescue them, with 10 workmen killed in subsequent landslides near the blocked thf. There’s a problem loading this menu right now.

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