PLS: Judges of the Case of the Speluncean explorers

Chief Truepenny

• Argument: Killing = murder, judges must apply the law as written. Mercy should be given from executives, not courts.

• Value: Legal certainty (justice but not applied by judges)

• Theory: Legal positivism

• Key point: Separate law from morality.

Foster

• Argument:
  1. Men were in state of nature, positive law does not apply.
  2. The purpose of criminal law (deterrence) does not apply in survival situations.

• Value: Justice and purposiveness

• Theory: Natural law

• Key point: Law exists to create a good social order. Literal application without justice defeats the purpose of law.

Tatting

• Argument: Foster is inconsistent, conflict between natural law and positive law. → Withdrawals

• Value: Conflict between justice and legal certainty

• Theory: No theory, internal conflict

• Key point: Separate law from morality.

Keen

• Argument: Judges must apply the law as written. Killing was intentional and morality is irrelevant.

• Value: Legal certainty

• Theory: Legal positivism

• Key point: Follow the law regardless of morality

Handy

• Argument: Law should reflect reality and public opinion. Courts should reflect clarity and practicality aka the real world.

• Value: Purposiveness/Expediency

• Theory: Legal realism

• Key point: Law is the real world, not just paper.