The case of the speluncean explorers Video
Justice: What's The Right Thing To Do? Episode 12: \ the case of the speluncean explorersIt takes the form of a fictional judgment. The case involves five explorers who enter a cave.
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Soon after, a part of the cave collapses, thereby sealing the cave entrance that is the only way out. The explorers are trapped spelunncean. A few days later, they find out through an intermittent radio device that they are most likely to starve to death before they can be rescued. To avoid this, they decide to participate in cannibalism and choose one amongst the five to be killed and eaten by the rest to survive.
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The selection is to be made by throwing a dice. In case of a failure to appeal to the Supreme Court of Newgarth, they are bound to be sentenced with the death penalty. The article offers five judicial the case of the speluncean explorers. Each differs in their rationale and on whether the four rescued explorers should be found guilty of violating the law. Two judges affirm the convictions by stressing the importance of the separation of powers and a literal approach towards a statute or legislation. Two other judges reversed the convictions. The fifth judge, unable to conclude, decides to recluse, and as a result, the decision is a tie. The original convictions are upheld, and the accused are tye to death. Facts of the Case Early in Maythe four defendants who are members of the Speluncean Society, an amateur explorer organization, went into a limestone cavern.
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A fifth explorer, Roger Whetmore accompanied them. A landslide rendered the only known opening to the cave to block completely.
The Secretary of the Society promptly dispatched a rescue party. Once the trapped explorers communicated with the rescue camp, they asked how long it would take the rescue party to reach them.
Whitmore, speaking on behalf of himself and the defendants, asked the chairman whether there were here for them to survive if they ate the flesh of one of their numbers. The chairman answered in affirmative, albeit with reluctance. Whetmore had proposed to roll a pair of dice to decide who amongst them shall be killed. However, at the last moment, Whetmore withdrew from the arrangement and suggested waiting for another week before indulging in such an odious deal. His companions were outraged and charged him with a breach of faith and rolled the dices on his behalf. The outcome did dxplorers favor Whetmore, and thus he was killed and eaten by his fellow explorers or the defendants.
The defendants were admitted into a hospital for their treatment for shock and malnutrition, after which they were indicted for the murder of Roger Whetmore. The petitioners then brought a petition of the error to the Supreme Court. He acknowledges that no exception can be made or applied to the statutory provision, regardless of any sympathy. The only reliance made by the Chief Justice is in executive clemency, which is a pardon granted by the President. He proposes that the Supreme Court joins in the communication to the Chief Executive if they expect clemency to be granted.
Truepenny CJ sustains the conviction. He states that the case of the speluncean explorers law is based upon the possibility of human social coexistence. The cessation of this possibility leads to the cessation of the law itself. He believes that the coexistence principle is self-evident. All law is directed towards facilitating and improving human coexistence. According to Foster J, the explorers, when they made this decision, were not a part of the civil society but a part of nature and miles beyond the boundary of a legal order. He also reiterates that the basic principle underlying law or governance can be the case of the speluncean explorers in the notion of contract and considers that the explorers agreed to cast votes, a new charter of the government that was suitable to the situation.
Foster J further argues that nothing in the wording of the statute suggests an exception of self-defense.]
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