OPINION OF JUSTICE FOSTER Judge Foster it is said represents the alter-ego of Fuller. He represents the natural school of jurisprudence. His opinion is the best written one of the five. Justice Foster expressed shock at hearing of Chief Justice Truepenny’s opinion. He argued that the Law of the Commonwealth is at stake if we try to textually apply the law in this case. According to him, the defendants when trapped in the cave were outside the jurisdiction of Commonwealth of Newgarth. VERDICT: In his verdict, he set aside the verdict of the Trial court and held that purposive
construction should be given to the statutes. ANALYSIS
Justice Foster did not believe that the law compels the monstrous conclusion that the defendants were murderers. On the contrary, he said it declares them to be innocent of any crime. He rested this conclusion on two independent grounds. He said the defendants are not guilty on both of these grounds independently of each other. The first of these grounds is that the enacted or positive law of this Commonwealth, including all of its statutes and precedents, is governed instead by what ancient writers in Europe and America called "the law of nature." When a situation arises in which the coexistence of men becomes impossible, then a condition that underlies all of judicial precedents and statutes has ceased to exist. He says, when that condition disappears, then the force of our positive law disappears with it. It is similar to a situation in which a crime is committed outside the territorial jurisdiction of the State. This has the consequences that the law applicable to them is not the enacted and established law of this commonwealth, but the law derived from those principles that were appropriate to their condition. He therefore said applying this principle the defendants were not guilty of any crime. He says that positive law is inherently territorial. Therefore, when a person is outside its scope, the rules of law would not apply...
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