Title
The Case of the Speluncean Explorers: Nine New Opinions,New
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The Case of the Speluncean Explorers, written in 1949 by Lon Fuller, is the most 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 muchneeded 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 evenhanded 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?) The book uses no jargon and assumes no prior knowledge of law or legal philosophy.
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- Q: What is 'The Case of the Speluncean Explorers' about? A: 'The Case of the Speluncean Explorers' explores a fictitious legal case where trapped travelers resort to cannibalism. It is used in legal education to discuss concepts in jurisprudence, such as utilitarianism and naturalism.
- Q: Who is the author of this book? A: The book is authored by Peter Suber, who provides insights into the main themes of Lon Fuller's original article and presents nine new opinions.
- Q: What are the main themes discussed in the book? A: The book discusses key themes in legal philosophy including judicial interpretation, moral and political beliefs of judges, and the relationship between law and morality.
- Q: What is the publication date of this edition? A: This edition of 'The Case of the Speluncean Explorers' was published on November 5, 1998.
- Q: How many pages does the book have? A: The book contains 128 pages.
- Q: Is this book suitable for someone with no background in law? A: Yes, the book uses no jargon and assumes no prior knowledge of law or legal philosophy, making it accessible to all readers.
- Q: What type of binding does this book have? A: This book is available in paperback binding.
- Q: What is the condition of the book? A: The book is listed as 'New', indicating it has not been previously owned or read.
- Q: Are there any specific legal theories discussed in the book? A: Yes, the book includes perspectives from various legal theories, including communitarian, feminist, multicultural, postmodern, and economic theories.
- Q: Can this book help in understanding judicial activism? A: Yes, the book provides a balanced view of judicial activism and helps readers understand the debates surrounding it through the lens of a concrete legal case.