LAWS101: Term 1, Lesson 1

Previous Class Recap

• Discussion of Tragedy at Sea:

  • Students engaged in group discussions about dilemmas faced by Captain Dudley and his crew in a survival scenario.

  • Two scenarios presented:

    • Killing and eating the cabin boy (Dudley’s act).

    • Eating the cabin boy after his death (Brooks’ choice).

• Student Feedback:

  • Mixed responses about their willingness to eat the cabin boy based on whether he was alive or dead.

  • Major moral consideration: the act of killing versus consuming a body that is already deceased.

Moral and Legal Implications

• Core Moral Questions:

  • The implications of taking another's life can create intense moral conflict.

  • Ideas of what constitutes moral integrity and the inherent objection to murder.

• Guilt vs. Innocence:

  • Most students agreed that Dudley and Stevens would be guilty of murder.

  • Key legal consideration: Elements of murder include malice aforethought and sound mind state as defined by English law in 1884.

Legal Burdens in Trials

• Prosecution's Role:

  • Must prove every element beyond a reasonable doubt.

• Defense's Role:

  • Can introduce evidence to show a defense or challenge the prosecution’s proof.

  • Discussion of possible defenses: self-defense vs. necessity.

Judicial Decision in the Case

• Judge Lord Coleridge:

  • Ruled against the self-defense claim due to lack of threat posed by the deceased cabin boy.

  • Rejected the necessity defense, establishing that necessity is not a valid defense to murder.

• Outcome of the Case:

  • Dudley and Stevens were initially sentenced to death but were later commuted to six months due to public sympathy.

  • Historical note on the aftermath of the crew:

    • Dudley died in Sydney from the plague.

    • Stevens suffered from alcoholism.

    • Brooks became a witness against them and later joined a traveling circus.

Reflections on Law and Morality

• Interrelation of Law and Morality:

  • Coleridge’s perspective that law and morality must not be completely divorced; separation may lead to chaos.

  • Exploration of personal morality vs. legal definitions influencing students' choices in hypothetical scenarios.

Understanding Law and Its Contexts

• What is Law?:

  • Various definitions articulated – social control, regulation of relationships, normative standards.

  • The essence of law as a reflection of societal values and human relationships.

• Jurisprudence: Understanding law through the lens of legal philosophy and its implications for society.

Future Discussions

• Purpose of Law & Classifications:

  • Next lecture will focus on the purposes and classifications of law.

• Essay Assignment:

  • Students encouraged to reflect on the relationship between law and morality in their upcoming assignments.