This case is a hypothetical legal case, which revolves around the four surviving speluncean explorers who were charged with the murder of their fifth team member, roger whetmore these explorers set themselves for the exploration of a remotely located limestone cave. The case of the speluncean explorers the purpose of this essay is to critically analyse one of the five judgments in the case of the speluncean explorers there will be three main parts to this essay first, five key aspects that were evident in the judge’s decision making process will be summarised.
The case of the speluncean explorers student no: 2753833 course: law, government and policy due date: 22 september, 2011 date submitted: 22 september, 2011 word count: 1,925 words the case of the speluncean explorers the purpose of this essay is to critically analyse one of the five judgments in the case of the speluncean explorers there will be three main parts to this essay. Although the case of the speluncean explorers is tragic and very devastating, the law should not fold its hands and allow murder to be committed due to the existence of the arms of natural law as positive law remains sound asleep. (www nullapoena de/de/stud/explorers html) (245 words ) question 2 decide which judges’ arguments convince you more: decide whether you would uphold the convictions or overturn them write a short essay, in which you explain your position.
The case of the speluncean explorers the most important element to consider in the case of the speluncean explorers is that of common sense we must not allow this to get lost among the complexities of argument the letter of the law was written based on human morals and ideals and should not cease to be so today or ever. Question 1 write a short summary of the facts of the case- i e , what happened to the spelunkers the facts of the case from judge truepenny,c j. The case of the speluncean explorers by lon l fuller in the s upreme court of newgarth , 4300 the defendants, having been indicted for the crime of murder, were convicted and sentenced to be hanged by the court of general instances of the county of stowfield.
He took on the case from a morality point of view he was in favour of the defendants not being given a death sentence he criticized the other judges for failing to differentiate between the moral and legal aspects of the case.
The case of the speluncean explorers is an article by legal philosopher lon l fuller first published in the harvard law review in 1949 largely taking the form of a fictional judgment,.
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. This essay has been submitted by a law student this is not an example of the work written by our professional essay writers case speluncean explorers justice truepenny would affirm the conviction and sentence the murder statute obviously applies to the defendants' conduct, and it is not within the courts province to ignore the statute.