The Environment To fully understand law and be able to define it, one must understand the foundational theories of law first before being able to accurately do so. To give a brief summary of the case, The fictional case Speluncean Explorers v.
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How does it affect the decision-making? This case is a hypothetical legal case, which revolves around the four surviving Speluncean explorers who were charged with the murder of their fifth team member, Roger Whetmore.
These explorers set themselves for the exploration of a remotely located limestone cave. The explorers had been trapped in the cave since 32 days due to an occurrence of a landslide.
During the course, after 10 days, the team gets in touch with the medical team through wireless communication. They explain the team about their medical condition and whether they could survive the situation without any food for the remaining days. On receiving a negative response, Whetmore on behalf of his team further confirms with the physician if they could survive 10 days longer if they consumed the flesh of one of their members.
The physician reluctantly agrees to this. Taking this further, in order to survive the circumstance, the team decides to select and eat the flesh of one of the members by using a method involving a pair of dice.
On the 23rd day, the dice throw went against Whetmore and he was put to death and eaten by the rest of the party. After the rescue, the four survivors were indicted for the murder of Whetmore.
In the case, the prosecutor asked the jury for a special verdict i. In the decision making situation, how can a balance be brought about between the necessity for a decision and the rights of some people on whose behalf such decisions are being taken?
Can a decision be made for another? As seen in the case according to the demands of the situation a decision had to be taken or else it would have led to the death of everyone present there after ten days.
It was also Whetmore who first proposed the use of some method of casting lots, calling the attention of the defendants to a pair of dice he happened to have with him.
Before the dice were cast, however, Whetmore declared that he withdrew from the arrangement, as he had decided on reflection to wait for another week.
The others charged him with a breach of faith and proceeded to cast the dice. He stated that he had no such objections.
The throw went against him, and he was then put to death and eaten by his companions. Hence from the above situation we come to know that in a situation where the decision has to be taken on an urgent basis as it is a case of life and death, then definitely the decision can be taken on the behalf of others.
In case of any differences in opinion of the group members, they should continue to discuss and reach on a common consensus.
Can a killing in self-defense be excused? By the same logic does one have the right to suicide-singly or collectively? Yes, killing in self defense can be excused. At such times life seems more important than the law. No, the plea of self defense can not be applied to the given situation.
But one has no right to suicide collectively. Because, each and everyone has his or her right to lead and live the life the way he or she wants. In such cases, taking others life will be termed as murder.
|The Case of the Speluncean Explorers Essay Example | Graduateway||In responding to an appealed petition of error, the Supreme Court of Newgarth has issued a lengthy series of opinions, the result of which is a deadlocked conclusion to the primary issues at hand. As a latecomer to these deliberations, it has fallen to me to make the tie-breaking vote upon the matter before the court.|
Decision-making is affected by the following factors: Absence of a substantial evidence of the entire decision making process of killing Whetmore. Whether done for Self defense or not 3.
Whether decision to kill Whetmore was consensual 4.Although the case of the Speluncean Explorers is tragic, the law should not fold its hands and allow murders to be committed on the basis of natural law while positive law remains sound asleep.
Nevertheless, the defendants in this case are innocent of murder. The case of the Speluncean explorers. The purpose of this essay is to critically analyse one of the five judgments in the case of the Speluncean explorers.
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Get the knowledge you need in order to pass your classes and more. Only at ashio-midori.com". The case of the Speluncean explorers. The purpose of this essay is to critically analyse one of the five judgments in the case of the Speluncean explorers.
There will be three main parts to this essay. First, five key aspects that were evident in the Judge’s decision making process will be summarised. The case of the Speluncean Explorers came about after five members of the Speluncean Society became trapped in a cave they were exploring after a landslide.
this event occurred in May, in the Central Plateau of this Commonwealth.