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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Sign in to use this feature. Simon Butt – unknown. Peter Suber Earlham College.

Justice Keen objects vehemently to Justice Foster’s purposive approach allowing the plain words of the law to be ignored. Archived from the original on 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. Justice Keen recalls that earlier instances of judicial activism in Newgarth had ultimately led to civil warwhich established the supremacy of the legislature over the judiciary.

He criticizes the “state speluuncean nature” concept and is not satisfied with Justice Foster’s formulation placing the law of contract above the law against murder. Speluncwan judges voting to uphold the convictions simply differ from Justices Foster spelunceam Handy on whose role it is to spare the defendants from the death penalty.

History of Western Philosophy. Twentieth-Century Statutory Interpretation in a Nutshell”. Spepuncean can find an exception to the law by implication, as the Courts had earlier done with self-defense. The book is an enjoyable and even-handed way to understand what the debate is about.

Peter Suber, The Case of the Speluncean Explorers: Nine New Opinions – PhilPapers

The book uses no jargon and assumes no prior knowledge of law or legal philosophy. The Right to Life: Retrieved from ” https: One reason is to get beyond sloganeering about “judicial activism” and “activist judges”. 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.

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. Whetmore then asks if they should draw lots to select a person to be killed and eaten. Defendants were in a “state of nature” so Newgarth’s normal laws explorere not apply to xeplorers the laws of nature would 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.

They decide to engage in cannibalismand select one of their number to be killed and eaten so that the others may survive. 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” ghe the year 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.

The fourth opinion begins by excluding executive clemency and the morality of the defendants’ actions as relevant factors to the court’s deliberations.

Strategies of Judicial Review. Legal Realism in Philosophy of Law. 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. In determining that the convictions should be overturned, Justice Foster makes two main points.

A fifth judge, speluncena is unable to reach a conclusion, recuses himself. Justice Handy notes that apart speluncen the ambivalent Justice Tatting, the other judges exporers the majority public opinion.

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 speluncsan on the five original opinions.

The Chief Justice states that the statute is unambiguous, with no applicable legal defences, so it must be applied by the court. Fuller’s account has been described as “a classic in jurisprudence ” [2] and “a microcosm of [the 20th] century’s debates” in legal philosophy.

James Allan – If lf appeal to the Supreme Court of Newgarth fails, they face a mandatory death sentence.

The Case of the Speluncean Explorers – Wikipedia

Principal purpose of the criminal law — deterrence — would not be served by convicting the defendants. In the 50 years following the article’s publication, a further 25 hypothetical judgments were written by various authors whose perspectives include natural law theory, consequentialismplain meaning positivism or textualismpurposivism, historical contextualism, realism, pragmatism, critical legal studiesfeminismcritical race theoryprocess theory and minimalism.

The mandatory sentence for expoorers in Newgarth is death by hanging. Indeterminacy of Legal Reasoning in Philosophy of Law. George Washington Law Review.

The Case of the Speluncean Explorers

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. The laws of nature allowed to agree to sacrifice one person for the survival of the rest. 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”.

Added to PP index Total downloads 54, of 2, Recent downloads 6 months 21 21, of 2, How can I increase my downloads? The judge counters potential objections of judicial activism by suggesting that although judges must obey the will of legislators, they must do so intelligently.

Peter Suber carefully and clearly introduces students to the main themes of Fuller’s article before introducing nine new opinions. He states that “almost every consideration that bears on the decision of the case is counterbalanced by an opposing consideration leading in the opposite direction. He is subsequently killed and eaten. I believe something more is on trial in this case than the fate of these unfortunate explorers; that is the law of our Commonwealth.

Radio contact is subsequently lost. Michal Bobek – unknown. Sign in Create an account. The others refuse to accept his change of mind, and cast the dice on his behalf.