20141287
LM- BA LLB 2014-C
Question No. 2
The Case of the Speluncean Explorers, revolving around the concept of Cannibalism, questions the faith in Law and creates a dilemma to choose between moral principles and legal statutes. Lon L. Fuller, through his fictional case, raised valuable questions which criticizes the legal statues established for the public service; Is Law superior over Morality? Does law have any scope for moral judgements? Does the public opinion have the capacity to overturn judgements? Does law have the capacity to accept moral view points?
The Case of the Speluncean Explorers, a fictional situation, has its influence in the "Breathtaking" Life of Pi. The climax of the movie has been altered to inculcate the thoughts
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People, who are helpless, get merciless when it's a question of life and death for them."
In case of the Speluncean Explorers, the explorers resorted to killing one of his fellow companion in order to prevent death due to starvation. They chose to kill a fellow companion after coming to an agreement between all the explorers and therefore, after a game of luck, they chose to kill Roger Whetmore. The major difference in the two unfortunate circumstances is the availability of means of survival. The Speluncean Explorers made the decision to kill one of their fellow companions' since they had no means of survival i.e. no food, water, etc., whereas Pi, along with the other victims of the shipwreck, had the capacity to extract their food and water from the vast ocean. Even though, I say that there was no need for a cannibalistic act by Pi, the French Cook had killed the sailor and mother to survive on their flesh. The Cook, had an insane mind, and his act of violence, eventually, triggered the brutal act of killing the Cook by
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law acts like a guide and stands as a source to look into for the actions to be undertaken in case of any crime committed. The law is absolute. The fact is, if laws were absolute; not open to interpretation and not considered capable of inaccuracy or miscalculation, then there would be no need for lawyers, jurors or any legal system whatsoever. Computers could decide if a statute had been violated simply by examining the facts. In the Case of the Speluncean Explorers, a computer would undeniably equate the facts with a guilty sentence, and an automatic execution. However to think that our justice system has been reduced to such cold and clerical decision making, as Judge Keen suggests, then the legal profession, and perhaps the entire human race is bound for an inevitable and rapid demise. The Law should consider the moral viewpoints of the society at large. In unfortunate circumstances such as that of the Case of the Speluncean Explorers, which even though is fictional, raises the question whether the law has capacity to adjust to the public opinions and also consider the plea on moral implications
“They attacked the towns and spared neither the children nor the aged nor pregnant women nor childbed, not only stabbing them and dismembering them but cutting them into pieces…” (40) Continuous killings became a game to the Spanish, as if they would see who could kill the most natives with the slice of one sword. These men showed no grace or mercy. Yes, the natives had already been exposed to cold hearted killing, because of their own chiefs, but never had these happenings occurred to their supreme authorities as well. This behavior was only used for subjects that deserved it, such as prisoners, but never the innocent or potentially harmless. Without factual evidence or motive, the Christian men would do these radical acts of terror. If the natives were not put to death by inhumane torture, they were put to work countless hours of hard labor, until their demise, searching for pearls. Pearl fishing was one of the hardest labors because these individuals had to be submerged into the water for an extended period of time, with no breathing breaks. To demonstrate, “…if the pearl diver show[ed] of wanting to rest, he is showered with blows, his hair pulled, and he is thrown back into the water, obligated to continue the hard work…” (42) Most men that dived into the water would not reach the opportunity of one last breath; the waters were inhabited by sharks that could swallow a man in one gulp. No matter what these people were put through, death would always be the final
The third reason the cause of death is their relations with Native Americans. The settlers offered to trade for the native American food, but they didn't want to so they attacked Native Americans. Because of this they lost valuable trading partner with them.British built 7 military forts in the Native American territory. This shows that they expected trouble. In 1609, Francis West and his crew went to get grain for the settlers from natives that haven’t seen the colonists (Doc D). He beheaded native American to force trade and he or his crew killed two natives to get what he want. This led to poor
They would kill people for seemingly no reason; they would even make games and bets from it, making their own games. “They even laid wagers on whether they could manage to slice a man in two at a stroke, or cut an individual's head from his body, or disembowel him with a single blow of their axes.”- An account from “A Short Account of the Destruction of the Indies”. This was not even the worst of it. “They forced their way into native settlements, slaughtering everyone they found there, including small children, old men, pregnant women, and even women who had just given birth. They hacked them to pieces, slicing open their bellies with their swords as though they were so many sheep herded into a pen.”. Yet, these are still not perhaps even the greatest atrocities committed by the European invaders of
The governance of our present day public and social order co-exist within the present day individual. Attempts to recognize the essentiality of equality in hopes of achieving an imaginable notion of structure and order, has led evidence based practitioners such as Herbert Packer to approach crime and the criminal justice system through due process and crime control. A system where packer believed in which ones rights are not to be infringed defrauded or abused was to be considered to be the ideal for procedural fairness. “I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.” Thomas Jefferson pg 9 cjt To convict an individual because proper consideration was not taken will stir up social unrest rather then it’s initial intent, when he or she who has committed the crime is not punished for their doings can cause for a repetition and even collaboration with other’s for a similar or greater crime.
In the article, “Columbus’s Legacy: Genocide in the America’s,” by David E. Stannard, the theme can be identified as contrary to popular belief that the millions of native peoples of the Americas that perished in the sixteenth century died not only from disease brought over by the Europeans, but also as a result of mass murder, as well as death due to working them to death.
(7) H. L., Hart, The Concept of Law, ch. VIII, and D., Lyons, Ethics and the rule of law, Cambridge University Press, 1989, p. 78 ff,
This particular case delves into both criminal and moral decisions regarding the relationship between natural law’ of which often derives from inherent human nature and statute law which is passed down through parliament. The judges interpreting this particular case are at a stale mate as to determination” of this particular judgment involving 5 speluncean explorers who tragically killed the 5th member as there was no other means to survive’ all supply’s food etc. had run out” one of the explorers i.e. Whetmore spoke on behalf of the group and asked if he’d survive by eating one of their companions i.e. cannibalism ( the doctor replied yes ) oral consent !! although it was found on the 20th day that’s the explorers realised about a portable wireless machine which was capable of receiving and sending messages. subsequently upon their release on the thirty second day, they were arrested and charged with the murder of wetmore and sentenced to death by the supreme court.
Introduction This submission will discuss the problems created by the Doctrine of Judicial Precedent and will attempt to find solutions to them. Whereas, English Law has formed over some 900 years it was not until the middle of the 19th Century that the modern Doctrine was ‘reaffirmed’. London Tramways Co. Ltd V London County Council (1898). Law is open to interpretation, all decisions made since the birth of the English Legal System, have had some form of impact whether it is beneficial or not The term ‘Judicial Precedent’ has at least two meanings, one of which is the process where Judges will follow the decisions of previously decided cases, the other is what is known as an ‘Original Precedent’ that is a case that creates and applies a new rule. Precedents are to be found in Law Reports and are divided up into ‘Binding’ and ‘Persuasive’.
Ronald Dworkin has become one of the most influential legal philosophers over the last century providing a ‘sophisticated alternative to legal positivism’. Dworkin is a non-orthodox natural law theorist, his account of law centres on his theory of adjudication. A key aspect of adjudication is the concept of Law as Integrity. However, some commentators suggest that Dworkin’s ideal does not reflect the reality of judicial interpretation. In this paper I will outline Dworkin’s ‘law as integrity’ and then highlight some of the criticisms that appear to generate doubt over his writings as a convincing model. I will conclude that whilst his main opponents offer some substantial critiques of Dworkin’s theory of ‘law as integrity’, Dworkin does establish a convincing theory that tries to bridge the gap on judicial discretion that other notable theorists, including H.L.A. Hart, fail to achieve.
We must consider whether they are “authoritarian law-makers, or if their profession makes them mere declarers of the law”. In this essay, I will argue the ways that judges do make law, as well as discussing the contrary. The English legal system is ostensibly embedded on the foundation of a ‘high degree of certainty with adaptability’ based on a steady ‘mode’ of legal reasoning. This rests on four propositions. 1.
...creates the character of Richard Parker to justify his actions that he considers to be savage. He even separates parts of the boat to use as a boundary between his idea of humanity and savagery. “It was time to impose myself and carve out my territory” (Martel 202). This part of the text implies to me that Pi is making the boundary between his humanity and his actions that he sees as savage. Richard Parker’s territory in the story is the bottom of the boat and under the tarpaulin. I see Richard Parker’s territory metaphorically as Pi’s savage side. Pi’s territory in his story is on top of the tarpaulin and on the raft, which I see metaphorically as the humane side of his personality. By making this separation, Pi is addressing the issue of what is savage and what is not within himself.
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.
William O. Douglas said, "Common sense often makes good law." Well that is what laws essentially are, rules and regulations that make sure common sense is followed. One could even say that laws are enforced ethics. Laws serve several roles and functions in business and society, and this paper will discuss those roles and functions.
The relationship between law and morality has been argued over by legal theorists for centuries. The debate is constantly be readdressed with new cases raising important moral and legal questions. This essay will explain the nature of law and morality and how they are linked.
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...