The Case of the Speluncean Explorers: Revisited
Article Abstract:
Six 'opinions' written by legal scholars revisit 'The Case of the Speluncean Explorers' as mock appeals court judges. Three scholars vote to affirm the conviction of the group of fictional explorers for killing one of their own to avoid starvation. Two of the affirming opinions stress the 'plain meaning' of the statute, while third focuses on the issue of self-defense. One of the opinions favoring reversal finds justification by necessity, a second opinion finds that no law was violated, and the final opinion challenges the concept of mid-20th Century legal reasoning.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
The Case of the Speluncean Explorers
Article Abstract:
In the year 4300, the members of a cave-exploring society appeal their death sentences for killing one of their party to prevent then entire group from starving to death during an exploration. A panel of supreme court judges discuss the ethical dilemmas faced by the explorers in separate written opinions which reflect different legal outlooks. The court is evenly divided and the society members are sent off to be hanged.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
The rhetoric of difference and the legitimacy of capital punishment
Article Abstract:
The author questions claims that capital punishment differs philosophically from other forms of punishment under the law, and discusses the impact of the doctrine of difference on capital sentencing decision-making.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2001
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: The SEC acts to slam the door or Regulation S abuses. The SEC acts to slam the door on Regulation S abuses. The SEC attacks abuses in the use of Form S-8 registration statement
- Abstracts: The other side of the Anne Frank story: the Dutch role in the persecution of the Jews in World War II. Wanted: mafia boss- essay on the personology of organized crime
- Abstracts: The opinions of the International Court of Justice on the threat or use of nuclear weapons. United Nations governance of postconflict societies
- Abstracts: The power of Congress to limit the jurisdiction of federal courts and the text of Article III. Mental decrepitude on the U.S. Supreme Court: the historical case for the 28th Amendment
- Abstracts: Litigation management in the next millenium: surviving the casualty insurance crisis. Corporate relationships, successor liabilty and insurance coverage