SPELUNCEAN EXPLORERS: VALUE POINTS
FOSTER: they were innocent
a) LAW OF NATURE:
He says the legislature is based on men’s coexistence in society which is a truth that we seldom think about till we are deprived of it. Its like the air that we breathe but we don’t value it till we don’t get it. All laws are aimed at improving relations and once living beomes possible only this way, statutes lose their meaning which means that when it was IMPORTANT to kill the other person and one couldn’t survive without doing it. The maxim used here is cessant ratione legis, cessat est ipsa lex. b) TERRITORIAL BASIS:
Says that nobody would have bothered about applying the law had it been outside the area of their jurisdiction. Plus technically they were underground. They made use of the law that was appropriate to their condition. c) SOCIAL CONTRACT THEORY:
We have given the power to the govt to rule us. Even if there’s no scientific evidence of the social contract theory,If they are governing us today its because we allowed them to and we had surrendered our rights to them.They cant use their rights unreasonably against us. Secondly, cases are precedents that we use in the future and this case doesn’t have. Thirdly, there was no higher authority to tell them wat to do in that situation inside the cave. Since there was no govt over there with them to tell them how to tackle the situation, they had to decide themselves. d) Says whenever we decide to do something like build a dam or bridge, there is always risk of somebody dying. But the result we obtain is much more than the loss that was suffered. A million ppl benefit from a dam. In the same way, 10 people died rescuing the speluncean which wasn’t wrong. So why is it wrong to kill one person to save the life of the rest 4 members? e) He brings in the element of self defense and says probably what they did was to save themselves. And as self defense is an exception to the law of murder, this case should also...
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