The Case of the Speluncean Explorers 01/21/2007 03:58 PM « zurück © 1949 by Harvard Law Review Vol. 62, No. 4, February 1949 The Harvard Law Review Association Cambridge, Mass., U.S.A. 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. They bring a petition of error before
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Life of Pi & Speluncean Explorers: A Reaction Paper In the light of this most recent event of cannibalism, the question of right and wrong has arisen once again. A young boy by the name of Piscine Molitor Patel experienced a shipwreck, where he was later stranded on a lifeboat with his mother, a French cook and a Taiwanese sailor. They drift for several weeks before the cook butchers Pi’s mother and the sailor and eats parts of their flesh. Left alone with the cook, Pi stabs him to death and
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The case of the Speluncean Explorers is one of the first famous factious legal cases of all time. It involved men trapped in a cave who are forced to cannibalize one of their own men. The Chief Justice of the Supreme Court argued that the men are guilty of murder because they took on the risk of any possible harm that could come their way when they decided to pursue their hobby of cave exploring. He argues that they cannot claim to have acted from necessity when the situation they found themselves
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with all their various physical conditions. Whetmore even confirmed with one of the physicians that they would survive if they ate one of the other explorers. So, the spelunkers knowing that if nothing was done, all of them would die, made a completely rational and justified choice by killing Roger Whetmore. They also made sure that by
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In the case of Lochner v. New York, the state of New York had enacted a law restraining the hours a baker can work to 60 hours a week, or 10 hours a day. The legislative of New York proclaims this law to be within the state police powers, which are meant to protect the safety, health, welfare, and morals of its citizenry. However, this labor law infringes upon the equal protection clause of the 14th Amendment, granting individuals the freedom to create contracts. By restricting the number of hours
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complexities of law and how consistency and continuity of verdicts will be ensured over time. This being said, I believe that the case involving the unfortunate explorers is one of greater importance than most. The verdict we reach will decide if this court is truly one of fairness and law. The facts of the case are such: the four indicted men murdered one of their co-explorers, they did so knowing that there may be legal consequences, and they were not unstable enough to rule that they were acting completely
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