What determines whether an action undertaken by any agent is right or wrong? Lon L. Fuller's 1949 article, The Case of the Speluncean Explorers, provides a situation whereby the ethical definitions of right action are evaluated. The ethical study of right action consists of two major moral theories being de-ontological (backward looking/origin) and teleological (forward looking/ends). Both also have religious and non-religious strands. The de-ontological theory consists of the divine-command theory
It has been said that there is no greater way to understand the law than to analyze different cases pertaining to legal philosophy and there is no better way to understand legal philosophy than to see how these different theories contradict one another. A famous legal case “the case of the Speluncean Explorers,” Harvard Law Review, 62 (4) (1948- 1949) pp.616-645, written by Lon L. Fuller describes an allegory of a group of spelunkers in the Commonwealth of Newgarth. Fuller uses various opinions
THE CASE OF THE SPELUNCEAN EXPLORERS. 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
The hypothetical case of Speluncean explorers, written by Lon Fuller, is the first famous fictional legal case of all times. It describes the story of five explorers trapped underground after the tunnel collapsed. After learning through a radio contact that the rescuers would need at least ten days to arrive, and with no food, the only way to survive is to cannibalize one of their team. Roger Whetmore suggested that they throw a dice fairly to determine who should be sacrificed. But, the dice was
to answer, we are furthermore glimpsing changes in their doctrine. The very delineation of "life" for the reason of our regulations against killing thus reflects a differential societal insight of the hazard to human survival. What of the more usual case of "murder"? Why does our statute supply that a human being who kills another will forfeit his own life? If capital penalty is befitting in our up to date age of an overpopulated world, how could it ever have been befitting ... ... middle of paper
Cited Fuller, Lon L. Positivism and Fidelity to Law: A Reply to Professor Hart. Cambridge, MA: Harvard Law Review Association, 1958. Print. Hart, H. L. A. The Concept of Law. New York: Oxford UP, 1997. Print. Fuller, Lon L. The Case of the Speluncean Explorers. Cambridge, MA: Harvard Law Review, 1949. Print. Finnis, John. Natural Law and Natural Rights. Oxford: Clarendon, 1980. Print.
societies, unwritten rules of social control were ineffective in a rapidly developing society. So, an effort was made to clarify them so that all the people would know their definitions, limits, and applications. After reading Fuller’s Speluncean Explorers fictional case and seeing the conflict... ... middle of paper ... ...een the poor and rich, the weak and the strong. To fight poverty the state should spend more money on education, employment, and child welfare. The state must give the individual