The Case of the Speluncean Explorers: Nine New Opinions - Softcover

Suber, Peter

Softcover

ISBN 10: 0415185467 ISBN 13: 9780415185462

Publisher: Routledge, 1998

Synopsis

The Case of the Speluncean Explorers, written in 1949 by Lon Fuller, is the first famous fictitious legal case of all time. Describing a case of trapped travellers who are forcd to cannibalize one of their team, it is used on courses in philosophy of law and Jurisprudence to show how their trial upon rescue touches on key concepts in philosophy and legal theory such as utilitarianism and naturalism. The Case of the Speluncean Explorers: Nine New opinions includes a reprint of Fuller's classic article and a much-needed revision of and addition to the five openings originally expressed in the case by the five Supreme Court Judges., Peter Suber carefully and clearly introduces students to the main themes of Fuller's article before introducing nine new opinions. These opinions include perspectives from communitarian, feminist, multicultural, postmodern and economic theories of law, updating Fuller's original case and bringing contemporary theories of law to bear on the five original opinions. Why read this book? One reason is to get beyond sloganeering about "judicial activism" and "activist judges"., The book is an enjoyable and even-handed way to understand what the debate is about. It doesn't tell you what to think, but illustrates the contending positions and lets you think for yourself. It will show you how judges with different moral and political beliefs interpret written law, how they use precedents, how they conceive the proper role of judges, how they conceive the relationship between law and morality, and how they defend their judicial practices against criticism., It anchors all of this in a Supreme Court hearing of a gripping, concrete case on which real people disagree. (Challenge: Take any view of how judges should interpret law, especially any view that makes it sound easy, and try it out on this case. How well can it respect the facts and law? How well can it answer the objections from judges who take other views? How well does it deliver justice?) Th

About this title

Review:

"Suber's additions to this classic case are timely and substantially broaden the treatment of Fuller's original piece. The style is clean, direct and succinct. Suber does a fine job in identifying many of the issues Fuller could not have included
."
-Craig Ducat, Northern Illinois University
"There is a real use for this book for courses on legal theory, and it will prove very useful in teaching."
-Sandra E. Marshall, University of Sterling

Synopsis:

This volume revisits and updates Lon Fuller's classic article, first published in 1949. The story describes the fate of explorers who become trapped in a cave and are forced to cannibalize one of their team. The subsequent trial of the defendants upon rescue is used to introduce students to the key theories of law, such as utilitarianism and naturalism, as five Supreme Court judges offer differing opinions on what should be done with the defendants.

About this edition

• Publisher: Routledge
• Publication date: 1998
• ISBN 10: 0415185467
• ISBN 13: 9780415185462
• Binding: Paperback
• Edition number: 1
• Number of pages: 128