Business Law Journal - Spasov 1 Boris Spasov ID 100041278...

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Spasov 1 Boris Spasov ID 100041278 Business Law Journal Entry 1, 22/01/2009 Even though “ The Case of the Speluncean Explorers ” is fictional, it presents very useful information on the fundamental schools of jurisprudential thought. The five judges are faced a case that has no precedent in the history of their state. Each of them is trying to solve the case through his moral, philosophical and professional view about the jurisprudence and the law of the Commonwealth. The first judge, Chief Justice Truepenny, clearly has a positivist view. He states that the language of the state is well known and it does not permit any exception applicable to the case. Chief Justice affirms the verdict but suggests that the Chief Executive should apply the principle of executive clemency. The second judge, Justice Foster most likely favors the natural view of jurisprudential thought. His main argument is that the explorers were in extraordinary situation and they were not in a “state of civil society” but rather than in a “state of nature”. Therefore no law of the Commonwealth is applicable to the case and the explorers are guiltless of any crime. The view of the third judge, Justice Tatting, for me is not very clear. He denies the arguments that Justice Foster made but denies to state his conclusion and resigns from the case. The fourth judge, Justice Keen, has a positivist view. He states that as a private citizen he would pardon those men, but in the position of a judge he thinks that the law is clear and must be obeyed. Justice Keen concludes that the conviction should be affirmed. Justice Handy, the fifth judge, has a legal realism view. Justice Handy states that the circumstances in which the case took place should be taken into consideration. He adds that the case is a question of practical wisdom to be exercised in a context of human realities. Justice Handy, bearing in mind also the public opinion, concludes that the explorers are innocent of the crime charged and the conviction and sentence should be dropped. As for the discussion in class, we briefly discuss the matter of the case. Our discussion leader went over the opinion of the five judges and every group member suggested his or hers opinion. I can classify my participation on that case as average. Entry 2, 27/01/2009
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Spasov 2 The lecture was extremely useful and really helped me gain some basic knowledge about the differences between the Common Law and the Civil Law tradition. As I person who is living in a state based on the Civil law I did not know much about the basic differences between the two legal systems. As far as I understood, the fundamental differences between the Common law and the Civil law arise from the fact that Common law was developed in the Anglo-Saxon countries by custom before there were any written laws, whereas Civil law was developed on the basis of the Roman law of Justinian. Civil law is the major system in the world and it sets out a comprehensive system of rules, most
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This note was uploaded on 12/10/2009 for the course BUS 311 taught by Professor Fas during the Spring '09 term at American University in Bulgaria.

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Business Law Journal - Spasov 1 Boris Spasov ID 100041278...

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