1 Lon L Fuller, `The Case of the Speluncean Explorers’ 2 See, eg, Jordi Ferrer Beltr n and Giovanni Battista Ratti (eds), The Logic of Legal Requirements. articles were Henry Hart’s famous dialogue2 and Lon Fuller’s presen- tation of the case of the speluncean explorers.3 They still are. Why is that so? Perhaps one. Tags: legal theory, judicial decisions, Speluncean Explorers . the force of legal theories in action is Lon Fuller’s The Case of the Speluncean

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Once the cave-in is cleared, it is discovered that only four cavers have survived; Roger Whetmore had been killed and eaten by the others.


He draws analogies to servants who need to “read between the lines” of their masters’ instructions; strict literal compliance may not always be the actual intention. East Dane Designer Men’s Fashion. Science Logic and Mathematics.

Hall – – Tradition and Discovery 27 1: Amazon Advertising Find, attract, and engage customers. As the Court’s decision is a tie, the original convictions are upheld and the men are sentenced to death.

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Principal purpose of the criminal law — deterrence — would not be served by convicting the defendants. Amazon Rapids Fun stories for kids on the go.


The Case of the Speluncean Explorers

These combined objections lead Justice Tatting to reject Justice Foster’s reasoning as “intellectually unsound and approaching mere rationalization. ComiXology Thousands of Digital Comics. If this Court declares that under our law these men have committed a crime, then our law is itself convicted in the tribunal of common sense, no matter what happens to the individuals involved in this petition of error.

Exxplorers Read Edit View history. Justice Handy notes that apart from the ambivalent Justice Tatting, the other judges share the majority public opinion. A fifth judge, who is unable to reach a conclusion, recuses himself.

The judge counters potential objections of judicial activism by suggesting that although judges must obey the will of legislators, they must do so intelligently.

George Dumezil and Mircea Eliade]. Feteris – – Argumentation 19 4: Amazon Renewed Tthe products with a warranty. Would you like to tell us about a lower price?

The survivors claim that Whetmore conceded that the dice were thrown fairly. Twentieth-Century Statutory Interpretation in a Nutshell”. If you are a seller for this product, would you like to suggest updates through seller support?

In the novel, Valjean is imprisoned fuloer stealing bread to feed his sister’s starving children. Lycan – – Philosophical Perspectives 15 s Before the dice are cast, Whetmore allegedly expresses a wish to withdraw from the arrangement, preferring to wait another week “before embracing an expedient so frightful and odious”.


The case involves five explorers who are caved in following a landslide.

The fourth opinion begins by excluding executive clemency and the morality of the defendants’ actions as relevant factors to the court’s deliberations. Sign in to use this feature. James Allan – Amazon Restaurants Food delivery from local restaurants. Monthly downloads Sorry, there are not enough data points to plot this chart.


Lon L. Fuller, The Case of the Speluncean Explorers – PhilPapers

Alexa Actionable Analytics for the Web. Feteris – – Ratio Juris 21 4: No categories specified categorize this paper. A Journal of the History of Science Share your thoughts with other customers. Rich – – Journal of Bioethical Inquiry 10 2: Peter Drecker – – Topos The survivors state that Whetmore had originally come up with the ideas of cannibalism and choosing the victim through random chance, offering a pair of dice in his possession.

Justice Keen recalls that earlier instances of judicial activism in Newgarth had ultimately led to civil warwhich established the supremacy of the legislature over the judiciary.