Francis B Palmer Case Summary

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Francis B. Palmer made his will naming his daughters, the plaintiffs, Mrs. Riggs and Mrs. Preston heirs to a small portion of his estate. Majority of the estate was named under Elmer Palmer, his grandson and the defendant in the case. Elmer was fully aware of this will and when he sensed his grandfather’s intention to make changes to the will, he murdered his grandfather by poisoning him. The majority and dissenting judges agree to the statute which states that “The statute stipulates that anyone named in a will should inherit, except in cases of fraud, duress or incapacity at the time the will was made” (Module 1). The criminal aspect of the case is very clear and Elmer has been sentenced to life imprisonment for the criminal act of murder. …show more content…

Palmer, the law would be promoting injustice. This would encourage criminals who want possession of an estate immediately to murder their loved ones which is unjust to the victims. The legislature would not intend for this injustice to happen. Everything can not be predetermined by lawmakers and as situations arise to which there is no written or stated law, the court should modify the law to favor justice. The controversies present in this case are similar to that of equality vs. equity. Although society claims to have equality amongst people, sometimes equity is needed instead. All situations are different and the outcomes should depend on the circumstances. The Riggs V Palmer case has been revolutionary in history. and if the majority judges were not favored, …show more content…

The legal positivists have completely different perspectives compared to interpretivism. Hart would view the case as the dissent judges did, if Elmer is being punished for the murder, why increase the punishment. Since Hart’s separation thesis states that morals are connected to laws, he would not agree to the fact that Elmer was given additional punishment for the doing the moral wrong of murder for an estate. Hart states that “the legal system is a ‘closed logical system’ in which correct decisions can be deduced from predetermined legal rules by logical means alone” (Module of hart). In the case of Riggs V Palmer, the predetermined rules were going against society’s sensibility of right and wrong. However legal positivists claimed that the ‘law is blind’ and no additional amendments should take place to accommodate this case. Moreover, Hart states that moral judgements can not be used as statements of fact to defend or to be used as evidence or proof. The conventionality thesis does not allow society’s instincts to make decisions of the

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