Preview

What is Law? feat. The Case of the Speluncean Explorers

Better Essays
Open Document
Open Document
1008 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
What is Law? feat. The Case of the Speluncean Explorers
Christopher Atwell
BLS 342- Legal Environment of Business
Paper for Thursday January 29

What is law; The Case Of The Speluncean Explorers

To define law is no simple task for any one person. To fully understand law and be able to define it, one must understand the foundational theories of law first before being able to accurately do so. Theories such as natural law, positive law, classical formalism, and legal realism all apply to the definition of law and “The Case Of The Speluncean Explorers” serves as a great study when analyzing each theory and its origin. To give a brief summary of the case, The fictional case Speluncean Explorers v. Court of General is about five cave explorers. The five men were trapped in a cave after being barricaded in by a landslide that blocked the men’s exit. After nearly twenty days of being trapped in the cave, the men were able to send out a distress message to a rescue team. The spelunkers brought minimal rations with them, with not enough to support them over the period of time it would take to be rescued. One of these spelunkers, Roger Whetmore, sent a message to doctors and asked them if they would be able to survive if they were to eat one of their own. Reluctantly, the doctors said it was possible. To decide who would be the one to be eaten, Whetmore suggested they should roll a dice; Upon approval of the idea, Whetmore proceeded to lose the dice throw and was consumed by the remaining explorers. Finally, on the thirty-second day, the survivors were rescued. However, the surviving cave explorers were then indicted for the murder of Whetmore upon being recused. After trials had concluded, the Supreme Court deemed the cave explorers guilty in the murder of Roger Whetmore. We learn of natural law when J. Foster expresses his opinion on the case about the charges brought against the speluncean explorers. Foster starts by saying that there is more importance than just the final decision of four men on trial, but also “the

You May Also Find These Documents Helpful

  • Good Essays

    Torture and Ethics

    • 1450 Words
    • 6 Pages

    Himma Kenneth (2009) Internet Encyclopedia of Philosophy, Philosophy of Law Retrieved on 4-14-2013 from http://www.iep.utm.edu/law-phil/…

    • 1450 Words
    • 6 Pages
    Good Essays
  • Good Essays

    The New York Court of Appeals decision should be upheld in regards to Riggs et al v. Palmer case because one should not be granted inheritance by murdering one’s ancestor. For this reason, the New York Court of Appeals has decided on a naturalistic approach, which has deemed Elmer Palmer guilty for murdering his grandfather, thereby prohibiting Palmer from getting anything from his grandfather’s will. This essentially means that the court argues that judges use their morals in order to determine the outcome of cases. Therefore, rejecting the idea that it is morally acceptable to murder someone in order to personally benefit from their death. As a result, there has been a heated debate between naturalists like Judge Earl who argue that Elmer…

    • 392 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The law is an intricate system of principles that regulate the activity of citizens and enforce sanctions through imposition. This order was developed through a legal evolution that many individuals fail to recognize due to disinterest in history. In order to comprehend the current state of law, one must refer to the past as it enables individuals to appropriately analyze the future. The Magna Carta and The Quebec Act are key developments that played a vital role in the just formation of law in modern society.…

    • 435 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Trayvon Martin Case Study

    • 1244 Words
    • 5 Pages

    cast the case in such a light, however, the basis for law itself – which we have already…

    • 1244 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    , describe how law is made and examine the purpose behind criminal law and civil law.…

    • 994 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In the context of Jurisprudence, the Separation Thesis ideology, the view of Legal positivists, asserts that while legal and moral obligation are separate and there is no necessary connection between law and morals, legal and moral obligation sometimes overlap and it may be necessary to examine the standard of rules as it relates to our obligation to obey them, although, there is no rule to obey laws. 1 Contrary to the view of Legal positivists, the natural law theory denotes that rules of law are derived from principles protecting an individual’s rights and principles of morality.2 In other words, the fundamental criteria for validity of the law is based on principles of justice and morality.3 This essay will briefly examine the origin of the Separation Thesis (the “Thesis’), analyse the Thesis with reference to H. L. A Hart’s views, present opposing views and argue that the claim of the Separation Thesis, that there is no necessary relationship between legal and moral obligation is flawed. Finally, it will provide a conclusion for the arguments set forth.…

    • 576 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The origins of criminal law are explored with a brief history of law in England and the law of early America. The history of the common law in England is examined with its influence on American law. The issue of constitutional law is discussed. Other law such as administrative and regulatory law is presented.…

    • 1286 Words
    • 6 Pages
    Good Essays
  • Good Essays

    The group is expected to look at the case and find answers for the points raised herein.…

    • 931 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    The task of rescue proved one of overwhelming difficulty. It was necessary to supplement the forces of the original party by repeated increments of men and machines, which had to be conveyed at great expense…

    • 13410 Words
    • 54 Pages
    Powerful Essays
  • Good Essays

    Explain Natural Law Theory

    • 1143 Words
    • 5 Pages

    In this essay, I will discuss the theories behind Natural Law, as well as the qualities it is seen to possess. I will explain Aquinas’ concepts and theory on Natural Law, discussing eudaimonia and the doctrine of the double effect. Finally, I will reflect on some of the positive and negative aspects, in summarising Natural Law theory.…

    • 1143 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Natural Rights

    • 4743 Words
    • 19 Pages

    The theory of natural law[->4] is closely related to the theory of natural rights. During the Age of Enlightenment[->5], natural law theory challenged the divine right of kings[->6], and became an alternative justification for the establishment of a social contract[->7], positive law[->8], and government[->9] — and thus legal rights — in the form of classical republicanism[->10]. Conversely, the concept of natural rights is used by some anarchists[->11] to challenge the legitimacy of all such establishments.[1]HYPERLINK \l "cite_note-2"[2]…

    • 4743 Words
    • 19 Pages
    Powerful Essays
  • Powerful Essays

    The theory of “Natural Law” first originated in Ancient Greece. Many philosophers discussed their own views on natural law, as it played an important part in Greek government. Some of these philosophers included St. Thomas Aquinas and Thomas Hobbes. For Aquinas, natural law exists in the individual’s conscience, opposing to Hobbes belief that individuals had limited access to virtue, and therefore needed to be coerced into doing good by the state. Throughout their views of natural law, each is vital to show an idea of how human beings and the government should function in the world.…

    • 1236 Words
    • 5 Pages
    Powerful Essays
  • Powerful Essays

    PHL 612: Philosophy of Law

    • 5890 Words
    • 24 Pages

    (18) Dworkin, Ronald. 1985. “Law 's Ambitions for Itself”. Virginia Law Review, Volume 71, Number 2 (March 1985), pages 173-187.…

    • 5890 Words
    • 24 Pages
    Powerful Essays
  • Good Essays

    Mikula, Mark F., L. Mabunda Mpho, and Allison Marion McClintic. Great American Court Cases. Detroit: Gale Group, 1999. Print.…

    • 966 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    * Montesquieu, The Sprit of Laws , Translated and edited by Anne Cohler, Basia Miller, Harold Stone. (New York: Cambridge University Press, 1989)…

    • 2239 Words
    • 9 Pages
    Powerful Essays