Speluncean explorers' case

Speluncean explorers' case
a fictitious case written by a Harvard law professor to illustrate various arguments current in jurisprudence in a practical context. The facts of the case are that four men are trapped underground and in order to survive they have to eat one of their number. The original plan was to draw lots. The man whose idea it was ultimately changed his mind, rejecting chance. However, he became the ultimate meal. The fictitious case is the appeal on the conviction and death sentence of the three survivors. The judgments illustrate positivism, natural law and legal realism as well as illustrating the operation of the judicial process. See also necessity.

Collins dictionary of law. . 2001.

Игры ⚽ Поможем сделать НИР

Look at other dictionaries:

  • The Case of the Speluncean Explorers — is a famous hypothetical legal case used in the study of law, which was written by Lon Fuller in 1949 for the Harvard Law Review.In the hypothetical case, a trapped team of five spelunkers determine via radio contact with physicians that they… …   Wikipedia

  • R v Dudley and Stephens — Sketch of the Mignonette by Tom Dudley Court High Court of Justice (Queen s Bench Division) Full case name Her Majesty The Queen v. Tom Dudley and Edwin Stephens …   Wikipedia

  • Necessity — This article is about the definition of necessity according to domestic law. For the concept of necessity in international law, see Military necessity. For logical meanings, see Necessary (disambiguation) and Modal logic …   Wikipedia

  • Caso de los exploradores de cavernas — Saltar a navegación, búsqueda El caso de los exploradores de cavernas (inglés: The Case of the Speluncean Explorers) es un famoso caso hipotético escrito en el año 1949 por el estadounidense Lon Fuller para la Harvard Law Review. Contenido 1… …   Wikipedia Español

  • R. v. Dudley and Stephens — Infobox Court Case name = R. v. Dudley and Stephens court = Queen s Bench Division date filed = date decided = 1884 full name = Her Majesty The Queen v. Tom Dudley and Edwin Stephens citations = [1884] 14 QBD 273 DC judges = Lord Coleridge, Lord… …   Wikipedia

  • Jurisprudence — For the jurisprudence of courts, see Case law. Philosophers of law ask what is law? and what should it be? Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists (including legal philosophers and social… …   Wikipedia

  • Peter Suber — (born November 8, 1951) is the creator of the game Nomic and a leading voice in the open access movement. He is the senior research professor of philosophy at Earlham College, the open access project director at Public Knowledge, and a senior… …   Wikipedia

  • Lon L. Fuller — Infobox Philosopher region = Western Philosophy era = 20th century philosophy color = lightsteelblue image size = 200px image caption = name = Lon L. Fuller birth = 1902 death = 1978 school tradition = main interests = Legal philosophy notable… …   Wikipedia

  • Harvard Law Review — Infobox Journal title = Harvard Law Review editor = discipline = Law review language = English abbreviation = HLR publisher = The Harvard Law Review Association country = United States frequency = Monthly (Eight times a year, November through… …   Wikipedia

  • List of topics in social and political philosophy — * And theory of conservatism * A Conflict of Visions * A Few Words on Non Intervention * A Vindication of the Rights of Men * Accountability * Action theory * Actual Idealism * Adam Müller * Adamites * Agency (philosophy) * Aggravation of class… …   Wikipedia

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”