Preview

Case of Speluncean Explorers

Good Essays
Open Document
Open Document
468 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Case of Speluncean Explorers
After reading the opinions of various judges in the case of The Speluncean Explorers, I found the arguments of Justice Foster well justified. Hence, I agree with him the most. He believes that the four explorers are innocent of any crime and rests his conclusion on two grounds.

Firstly, Justice Foster takes the view that positive law cannot be applied to the case. Instead, he states that law of nature should govern the case. Men’s co existence in a society is essential for the application of positive law. I agree with him because in this situation where the co existence of the men is not possible without the taking of life, positive law is not applicable. He believes “maxim cessante ratione legis, cessat et ipsa lex” which means when the reason for law ceases, the law itself ceases, should be applied to thiscase.I agree with him that the men were not guilty of crime because Roger Whetmore’s life was ended in a “state of nature” and not in a “state of civil society”. This is a case where natural law supersedes positive law. He also raised a point regarding the jurisdiction that the state had over these explorers at the time of the murder given that they were miles below the territorial jurisdiction.Also, what the men did was according to the agreement accepted by all of them.I agree with Justice Foster’s question that when the state can sacrifice the lives of ten workers trying to rescue the five explorers in the cave , then why isn’t it justified that one life be sacrificed to save the lives of four.

Secondly, he emphasizes and talks about the relevance of the golden rule. The case had been decided without violating the statute “he who shall willfully take the life of another is a murderer”. However, literal rule cannot always be applied. Justice Foster illustrates cases such as Commonwealth v.Staymore and Fehler v. Neegas to support his argument that applying golden rule often gives a more just result. He raises a point that the above-mentioned statute has

You May Also Find These Documents Helpful

  • Satisfactory Essays

    The European Age of Exploration was caused by the want for Asian goods, a fear of the Ottoman Empire, and to convert more people to Christianity. Accomplishments by the Europeans include gaining wealth, power, land, and knowledge, leading to the European Golden Age. The events that followed Vasco da Gama reaching India, and Christopher Columbus landing in the Americas, would not only change Europe, but would also lead to globalization.…

    • 731 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    In this case, William Furman committed a robbery of a private home. The resident of the home awoke to find Furman in his house. Furman tried to escape and while doing so, he tripped and fired his gun accidently, which killed the victim. He was taken to trial and found guilty of murder. Because the shooting occurred during the commission of a felony, Furman was eligible for the death penalty according to the felony murder rule. The rule of felony murder states that if an offender kills, with or without intention, during a dangerous crime, they are guilty of murder. Furman was sentenced to death but the case was taken to the Supreme Court before his punishment was carried out. The issue of the case was whether the death penalty should be considered cruel and unusual punishment. If it was considered cruel and unusual punishment, then it would also be in violation of the 8th and 14th Amendments.…

    • 447 Words
    • 2 Pages
    Good Essays
  • Good Essays

    European Exploration Dbq

    • 547 Words
    • 3 Pages

    he result if European exploration in the early modern time period between 1450 and 1750 negatively impacted the foreign nations that it came in contact with by exhibiting various failed labor systems, countries restricting foreign interaction as well as trade and the rise of the Portuguese in the Atlantic Slave Trade.…

    • 547 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Castle Doctrine Thesis

    • 1142 Words
    • 5 Pages

    This paper will discuss the stand your ground laws and also the castle doctrine. These laws play a big role in today’s society and also, at times create a blurry line in terms of self defense. This can be seen in the case of Trayvon martin and George Zimmerman. This was when an unarmed black teen by the name of Trayvon Martin, was shot and killed by George Zimmerman, the unofficial neighborhood watch man. Zimmerman stated that the death occurred due to self defense and that the case fell under the stand your ground law. The Jury’s verdict then acquitted Zimmerman of the charge of second degree murder. This high profile case caused much controversy and reawakened the question of what is self-defense and what is murder. Furthermore this paper will discuss whether or not these laws just and fair or are a license to kill.…

    • 1142 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    European Explorers Quiz

    • 262 Words
    • 2 Pages

    EUROPEAN EXPLORERS QUIZ (23 Points) 1.) _____ Balboa 2.) _____S. Cabot 3.) _____ Coronado 4.)…

    • 262 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    American history is accompanied by a long list of explorers who first discovered and who explored the massive continent. All of the explorers had an impact on the development of America. The Lewis and Clark expedition, also known as the Corps of Discovery, stands prominently at the top part of this list. The Lewis and Clark Expedition has had a significant political, social, and economic effect on America. They were the first to map out the west and set off westward expansion. Without the success of the expedition growth of America would have taken five times as long, as predicted by Thomas Jefferson.…

    • 679 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    2. European nations sent explorers across the oceans because they wanted to benefit the mother country. Since the population increased after the plague finished in Europe, their demands for trade goods grew even more. The Europeans needed an easy access to get resources and raw materials that were not available in their country from the new world to enrich the mother country by serving as a market for its manufacturing goods. The mother country made strict laws with their colonies that you can only provide us with free resources and raw goods, but you have to buy and pay us when the finished product is done. The colonies shipped the raw materials from the new world into the Atlantic Ocean to the mother country. This was called the Atlantic trade. The raw materials and resources were used to make manufacturing goods. Once the manufacturing goods were made they were exported back into the “new world” (known as North and South America) for them to buy their goods.…

    • 420 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    European Exploration Dbq

    • 410 Words
    • 2 Pages

    No, the benefits of European exploration of the new world did not outweigh the consequences. Was the benefits of European exploration of the new world was worth it. There was good things happen during the European exploration too. But was it worth it and the consequences lead to them. I have three reasons why the benefits did not outweigh the consequences.…

    • 410 Words
    • 2 Pages
    Good Essays
  • Good Essays

    “ ‘Gentlemen of the jury, be merciful. For God’s sake, be merciful. He is innocent of all charges brought against him’” (Gains 8).…

    • 1912 Words
    • 8 Pages
    Good Essays
  • Satisfactory Essays

    European Exploration Dbq

    • 475 Words
    • 2 Pages

    A great period "European in 15th and 16th century" is known as "the Age of Exploration." However what caused this improvement? During this period, European increasing their knowledges and techniques, expanded their land, also led their country to become rich. The main cause for European exploration in 15th and 16th century was spirit of adventure follow by economic motives to a lesser extend religious motives.…

    • 475 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    explorers

    • 938 Words
    • 4 Pages

    INSTRUCTIONS: To post, click on the Topic title to access the topic, and then click the "Post New Thread" button. Each part of this forum post should be approximately 300 words in length. Both Part 1 and Part 2 should be posted in the same response.…

    • 938 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The European Age of Exploration was very beneficial to not only Europe but also the Americas, Africa, and Asia. Although the European Age of Exploration was said to have come about for the purpose of finding or discovering new spices, that was not the only reason. The Europeans also set out to find new trade routes that went around the Ottoman’s territory and this exploration lead to the European Golden Age because it brought Europe out of the “Dark Ages.”…

    • 463 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Christopher Columbus was one of the greatest sailors and explores of all time. In 1492 he discovered a “new world” and linked Europe to the Americas. His discoveries enlarged the world and began a new age of exploration, therefore changing the history of the world. His Columbian Exchange was the foundation of the future world economy.…

    • 593 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Acts of Parliament

    • 1103 Words
    • 5 Pages

    d) The golden rule of statutory interpretation exists to ensure that when making a decision on how the law was intended a judge can ensure that when taking into account that intention he does not allow there to be a ridiculous outcome. The golden rule of statutory interpretation was use in the case of Adler v George (1964), when otherwise The Official Secrets Act 1920 would have produced an outcome that did not make sense…

    • 1103 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Columbus Research Essay

    • 575 Words
    • 3 Pages

    Through out the time there has been many famous explorers and one of them was Christopher Columbus. Columbus has been known as one of the greatest villain among the explorers. He was a trader to his own crew members and a liar. Also, he brought a lot of pain to the Native Americans. Thirdly, he was a selfish person and only cared about money and power . Christopher Columbus was a cruel, self-centered, delusional man who does not deserve to be recognize for discovering of America. Finally ,Christopher was a mean selfish human being.…

    • 575 Words
    • 3 Pages
    Satisfactory Essays