This is a summary of a fictitious case created in Lon L Fuller, ‘The Case of the. Speluncean Explorers’ () 62(4) Harvard Law Review The case takes. 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. Abstract: Lon L. Fuller’s The Case of the Speluncean Explorers is a classic in jurisprudence. The case presents five judicial opinions which clash with each other.
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Peter Suber, The Case of the Speluncean Explorers: Nine New Opinions – PhilPapers
Judges can find an exception to the law by implication, as the Courts had earlier done with self-defense. 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”.
Archived from the original on The fourth opinion begins by excluding executive clemency and the morality of the defendants’ actions as relevant factors to the court’s deliberations. After the four survivors are spwluncean, they are charged and found guilty of the murder of the fifth explorer. The survivors claim that Whetmore conceded that the dice were thrown fairly. 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 of the Speluncean Explorers – Wikipedia
They decide to engage in cannibalismyhe select one of their number to be killed and eaten so that the others may survive. Once the cave-in is cleared, it is discovered that only four cavers have survived; Roger Whetmore had been killed and eaten by the others. Waldron’s Contribution to Political Positivism.
Principal purpose of the criminal law — deterrence — would not be served by convicting the defendants. James Allan – Retrieved from ” https: Fuller’s speuncean has been described as “a classic in jurisprudence ”  and “a microcosm of [the 20th] century’s debates” in legal philosophy.
These combined objections lead Justice Tatting to reject Justice Foster’s reasoning as “intellectually unsound and approaching mere rationalization.
Fuller first published in the Harvard Law Review in 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. Jasperson – – International Journal of Applied Philosophy 23 2: They then consult with medical experts, who inform them that they are unlikely to survive to the rescue given the likelihood of starvation.
Realism about Legal Reasoning in Philosophy of Law. 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.
Statute is unambiguous and must be applied by judiciary notwithstanding personal views Clemency is a matter for the executivenot the judiciary Court speluncewn joint petition to Chief Executive for clemency. Retrieved 15 January The book is an enjoyable and even-handed way to understand what the debate is about. One reason is to get beyond sloganeering about “judicial activism” and “activist judges”. They decide who should be killed by throwing a pair of dice.
The mandatory sentence for murder in Newgarth is death by hanging. One of the cavers, Roger Whetmore, then asks on the cavers’ behalf if the cavers could survive 10 days longer “if they consumed the flesh of one of their number”.
Nature of Law, Misc in Philosophy of Law. The judge counters potential objections of judicial activism by suggesting that although judges must obey the will of legislators, they must do so intelligently. A fifth judge, who is unable to reach a conclusion, recuses himself. Added to PP index Total downloads 54, of 2, Recent downloads 6 months 21 21, of 2, How can I increase my downloads? He criticizes the “state of nature” concept and is not caae with Justice Foster’s formulation placing the law of contract above the law against murder.
Legal Realism in Philosophy of Law. Twentieth-Century Statutory Interpretation in a Nutshell”.
The Case of the Speluncean Explorers
In the novel, Valjean is imprisoned after stealing bread ot feed his sister’s starving children. If their appeal to the Supreme Court of Newgarth fails, they face a mandatory death sentence.
For us to assert that the law we uphold and expound compels us to a conclusion we are ashamed of, and from which we spleuncean 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.
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 spelluncean in this petition of error.
Justice Tatting disagrees strongly with Justice Foster’s rationales in overturning the convictions. He is subsequently killed and eaten.