Case of speluncean explorers

That awareness and debate has been so great as to put the weight of public opinion on par with any election we have ever held. I do not seek to restate his reasoning, other than to say his views on public opinion might be bolstered through the critique I shall provide.

the case of the speluncean explorers nine new opinions pdf

Firstly, the defendants were in a " state of nature " at the time of the killing, so the laws of nature applied to them. Arguably, in such cases, the judiciary can deal with these unique situations quicker than the legislature, as they arise, without requiring a law to be rewritten from scratch.

the case of the speluncean explorers contemporary proceedings

Say this threat never materialised but the statute was left, not to prevent judges from withdrawing for valid reasons, but as a safeguard against organised revolt. Arguably, once that decision is made, in the affirmative or negative, the availability of only one prescribed punishment means my job is done.

When it is acknowledged that the validity of law is based on its service to society, and not to itself, it can be seen that laws are no longer valid when their application is contrary to the interests of society.

The case of the speluncean explorers legal issues

It is principally the role of the legislature to create the laws which serve society, and therefore it is not the place of the judiciary to usurp that role. Say this threat never materialised but the statute was left, not to prevent judges from withdrawing for valid reasons, but as a safeguard against organised revolt. I invite my brothers on this bench to reconsider their staunch application of this law, and have the case dismissed on the grounds that applying this law would not serve society in any way. Statute is unambiguous and must be applied by judiciary notwithstanding personal views Clemency is a matter for the executive , not the judiciary Court should joint petition to Chief Executive for clemency Affirms convictions but recommends clemency Justice Foster Defendants were in a "state of nature" so Newgarth's normal laws did not apply to them; the laws of nature would allow them to agree to sacrifice one's life to save the other four If the laws of Newgarth do apply, then a purposive approach must be taken to the statute. Even with revisions of the law, no amount of human effort can guarantee against further unforeseen circumstances. That awareness and debate has been so great as to put the weight of public opinion on par with any election we have ever held. It is somewhat surprising to see some of my learned colleagues have chosen to uphold a law blind to the society for whom those laws were made. 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.

On these grounds alone, I would set aside the conviction and sentence. 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.

Such a threat, if carried out, would create a state of lawlessness and inevitably lead the Commonwealth to anarchy and collapse.

Speluncean explorers youtube

He criticizes the "state of nature" concept and is not satisfied with Justice Foster's formulation placing the law of contract above the law against murder. The cave-in, rescue, and subsequent court proceedings have been on the minds of the entire Commonwealth for a considerable time. In determining that the convictions should be overturned, Justice Foster makes two main points. Statute is unambiguous and must be applied by judiciary notwithstanding personal views Clemency is a matter for the executive , not the judiciary Court should joint petition to Chief Executive for clemency Affirms convictions but recommends clemency Justice Foster Defendants were in a "state of nature" so Newgarth's normal laws did not apply to them; the laws of nature would allow them to agree to sacrifice one's life to save the other four If the laws of Newgarth do apply, then a purposive approach must be taken to the statute. Say this threat never materialised but the statute was left, not to prevent judges from withdrawing for valid reasons, but as a safeguard against organised revolt. Principal purpose of the criminal law — deterrence — would not be served by convicting the defendants. The William Brown was a ship whose sinking led to several passengers being forced out of an overcrowded lifeboat to save the remaining passengers. Firstly, the defendants were in a " state of nature " at the time of the killing, so the laws of nature applied to them.
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The Case of the Speluncean Explorers