Speluncean Explorers

Speluncean Explorers - Connor Billing August 29, 2011 Dr....

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Connor Billing August 29, 2011 Dr. Herron Law Variations: The Speluncean Explorers The futuristic case of the Speluncean explorers is interesting because it shows multiple ways a case can be interpreted based on how one views law. Of the five justices that share their point of view on the case should be handled, four of them have very strong points of view on how the law should be interpreted. These different justices choose to interpret the law from either the natural law objective theory, the positive law subjective theory, classical formalism, or legal realism. Justice Foster chooses to interpret the law from the natural law objective theory point of view. Justice Foster specifically dictates that he believes the “positive law of this Commonwealth…is inapplicable to this case, and that the case is governed instead by what ancient writers in Europe and America called the ‘law of nature’.” His point is that positive law only needs to be in effect if it is possible for “men’s coexistence in society.” He believes that because the explorers were no longer able to coexist because of their dire predicament, natural law should no longer be in effect, and the explorer
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This note was uploaded on 09/20/2011 for the course BLS 342C taught by Professor Dr.herron during the Spring '11 term at Miami University.

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Speluncean Explorers - Connor Billing August 29, 2011 Dr....

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