Lon L. After great monetary expense by attempted rescuers, radio contact with the outside world is established, and the speluncers learn that rescue will occur in 10 days. However, they also discover that it is likely they will starve to death before the 10 days is up. After deliberation, they to cast dice, and that he who rolls the lowest number will be eaten in an act of cannibalism. They roll the dice, with the unwilling explorer having his dice rolled by one of the others. After being rescued, the four survivors are charged and found guilty of the murder of the fifth explorer.
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The Case of the Speluncean Explorers, written in by Lon Fuller, is the first 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 and legal theory such as utilitarianism and naturalism. The Case of the Speluncean Explorers: Nine New opinionsincludes a reprint of Fuller's classic article and a much-needed revision of and addition to the five openings originally expressed in the case by the five Supreme Court Judges.
Peter Suber carefully and clearly introduces students to the main themes of Fuller's article before introducing nine new opinions. These opinions include perspectives from communitarian, feminist, multicultural, postmodern and economic theories of law, updating Fuller's original case and bringing contemporary theories of law to bear on the five original opinions.
Why read this book? One reason is to get beyond sloganeering about "judicial activism" and "activist judges". The book is an enjoyable and even-handed way to understand what the debate is about. It doesn't tell you what to think, but illustrates the contending positions and lets you think for yourself. It will show you how judges with different moral and political beliefs interpret written law, how they use precedents, how they conceive the proper role of judges, how they conceive the relationship between law and morality, and how they defend their judicial practices against criticism.
It anchors all of this in a Supreme Court hearing of a gripping, concrete case on which real people disagree. Challenge: Take any view of how judges should interpret law, especially any view that makes it sound easy, and try it out on this case. How well can it respect the facts and law? How well can it answer the objections from judges who take other views?
How well does it deliver justice? The book uses no jargon and assumes no prior knowledge of law or legal philosophy. Peter Suber.
The Case of the Speluncean Explorers
Within these overarching schools of thoughts, law students will find strong arguments in support of both theories, whilst recognising points relevant to current theories on textualism, judicial activism and the purposive approach to statutory interpretation. In , the Harvard Law Review published an article consisting of a fictitious judgment of a fictitious case, set in a fictitious jurisdiction in the year By combining the most extreme of punishments, extenuating circumstances, and a prima facie absolute law, readers must reconcile what they want from the law through their own personal worldview; that is, what they feel would be just from the courts and society. This article contributes a possible fifth judgment, which supports a legal philosophy of judicial activism tempered by a modern approach to statutory interpretation. Having only planned for a short expedition, the spelunceans have finite resources to sustain themselves, but fortunately, they have a radio they can use to communicate with the outside world. The rescue mission is of such a scale that funding was provided by public donation and government grant. However, the rescue journey proved to be perilous, with ten rescuers dying in the process.
Western Australian Student Law Review
Fuller first published in the Harvard Law Review in 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 "Supreme Court of Newgarth" in the year The case involves five explorers who are caved in following a landslide. They learn via intermittent radio contact that, without food, they are likely to starve to death before they can be rescued. They decide to engage in cannibalism , and select one of their number to be killed and eaten so that the others may survive. They decide who should be killed by throwing a pair of dice.
The Case of the Speluncean Explorers
Sign in Create an account. Syntax Advanced Search. About us. Editorial team. Lon L.