The Case Of The Shipwreck Sailors Essay

The Case Of The Shipwreck Sailors Essay

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The Case Of The Shipwreck Sailors
Case:1
In the first case the judge would like to show the 3 men sympathy but he believes he isn’t above the law, he sentences the death penalty. The philosophical label of this judge is legal positivism. One thing that the judge says to back this up is “As much as I would personally wish that these men could return to their families and put this tragic event behind them, I cannot permit them to do so. I am not free to make the law”. This quote showed that this judge was a legal positivist because he says that he wants to show them sympathy and let them return to their families, but he is not free to make the law and he is not above the law. Another quote to back this up is “I have sworn an oath to apply the law that authorized legislators have enacted”. Similar to the last quote, the judge is showing that whether he wants to be sympathetic or not he cannot because he has sworn an oath to the law that he cannot break. One weakness of this theoretical approach is that it is very ruthless. These men did not have a choice, killing Ozzie was the only way for the men to survive. Another weakness to this theoretical approach is that if a survival circumstance like this occurs again and someone needs to be sacrificed for more people to survive because they will be sentenced to death. Therefore, this theoretical approach is not effective in any way.

Case 2
In the second case the judge believes that there is no greater power than the power of the people. The philosophical label of this judge is the Marxist legal theory. One quote that the judge says to show that he is a marxist legal theorist is “In a democracy, that is for the people to decide, and we have amped evidence, based on public reactions...


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... they had to do to survive. He also believes that because of how unusual the situation is, law should not be a factor in deciding the verdict. One quote that shows that this judge is a legal realist and a legal anarchist is “The law is not a valid factor in this case because a circumstance like this was not even thought of when the rules were being made”. This quote shows that the judge is not relying on the rules to make his verdict because they are irrelevant in unusual situations like these. A strength of this theoretical approach is that the three men can be judged fairly because the laws obviously aren’t meant for situations as uncommon as this one. Another strength is that other people who are put through a dilemma like this will not hesitate to do what is best for the majority of the people. Therefore, this theoretical approach is very beneficial and effective

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