Final Study Sheet

Final Study Sheet - Fuller – “The Case of the...

Info iconThis preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: Fuller – “The Case of the Speluncean Explorers” p. 142- Truepenny o Guilty but should have lesser punishment (clemency) o “Mitigate the rigors of the law,” wants flexibility o Putting pressure on chief executive o Problem with legislature but legislature is too slow- Foster o Acquit, law is unfair to the action o Law is not applicable, they are outside of the law, “state of nature” o They are innocent o Focus on meaning/purpose instead of wording of law o Jurisdictional problem and purpose of the law o Can’t tell people what they ought to do if they can’t do it o Law is on trial o Law is appropriate and applies where humans can coexist They could not coexist law does not apply o Already cost 10 lives, why more? o Similar to self-defense o Purpose of law is to deter, but if it falls through, law does not apply o Disproving Isn’t every person who breaks the law proof that deterring didn’t work? No certainty that they would all die if they did nothing Asking for advice mean that they realized it was not right and that there may be alternatives, they acknowledge responsibility and membership to commonwealth Cannot just withdrawal from society- Tatting o When did they enter the state of nature? o Purpose of law is more than just deterance o Self-defense is not in the scope of the law of murder, it’s not willful o Hunger does not justify theft (Robin Hood Syndrome) Just because someone is starving, does that mean no laws? o How far away can we move from the situation? o Commonwealth saved them because they had a responsibility to their citizens o Killing was willful, much deliberation ( not s elf-d efens e) o Cannot reconcile his p erson al feelings on th e cas e with what h e s e e s a s th e outco m e of th e law; argu m e nts on both sides o Cannot find a principle/m ake a judg m e nt th at could hold for later prec ed e nt o Withdraws from d ecision- Keen o Can’t know what the purpose of the law is; not for them to decide or change the legislation Legislative supremacy o Law requires that these people should be put to death, even though he would let them be free if he had the power As a judge, they should be punished As a person, they should be pardoned o Have to set apart personal, moral, and legal; personal and moral have no place in legal for judges o Took an oath to uphold the law o Foster is an activist judge, making the law rather than enforcing it o Foster is wrong and Tatting is mistaken o Ready to put aside morals and have no discretion; immediate follower of the law o Affirms conviction o Disproving Judges do h av e discretion- Handy o Acquit because we should follow common sense/public opinion o Judgment should be what the public believes is fair/just/right o Legal system has run away from common sense o Chief executive will not pardon/commute o Instrumentalism – laws/procedures are only tools to justice o Disproving What is the “proper result”?...
View Full Document

This note was uploaded on 04/07/2008 for the course PHIL 229 taught by Professor Balmuth during the Fall '07 term at Colgate.

Page1 / 18

Final Study Sheet - Fuller – “The Case of the...

This preview shows document pages 1 - 4. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online