This is a summary of a fictitious case created in Lon L Fuller, ‘The Case of the. Speluncean Explorers’ () 62(4) Harvard Law Review The case takes. 1 Lon L Fuller, `The Case of the Speluncean Explorers’ 2 See, eg, Jordi Ferrer Beltr n and Giovanni Battista Ratti (eds), The Logic of Legal Requirements. Abstract: Lon L. Fuller’s The Case of the Speluncean Explorers is a classic in jurisprudence. The case presents five judicial opinions which clash with each other.
|Genre:||Health and Food|
|Published (Last):||16 March 2010|
|PDF File Size:||15.12 Mb|
|ePub File Size:||15.23 Mb|
|Price:||Free* [*Free Regsitration Required]|
Sign in Create an account. Peter Suber Earlham College. 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 caee upon rescue touches on key concepts in philosophy and legal theory such ccase utilitarianism and naturalism. 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 oof what the debate is about.
The Case of the Speluncean Explorers
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 expplorers 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.
The book uses no jargon and assumes no prior explorerd of law or legal philosophy. Indeterminacy of Legal Reasoning in Philosophy of Law. Interpretivist Theories of Law in Philosophy of Law.
Peter Suber, The Case of the Speluncean Explorers: Nine New Opinions – PhilPapers
Legal Positivism in Philosophy of Law. Legal Realism in Philosophy of Law. Natural Law Theory in Philosophy of Law. Nature of Law, Misc in Philosophy of Law.
Realism about Legal Reasoning in Philosophy of Law. Find it on Scholar. Request removal from index. Google Books no proxy legacy. The Case of the Speluncean Explorers. Fuller – – Harvard Law Review. Strategies of Judicial Review. Progress Toward the Rule of Law in China.
Jasperson – – International Journal of Applied Philosophy 23 2: James Allan – Michal Bobek – unknown. Simon Butt – unknown. Democratic Jurisprudence and Judicial Review: Waldron’s Contribution to Political Positivism. The Right to Life: Douwe Korff – unknown. Karl Olivecrona on Judicial Law-Making.
Torben Spaak – – Ratio Juris 22 4: Added to PP index Total downloads 54, of 2, Recent downloads 6 months 21 21, of 2, How can I increase my downloads? Sign in to use this feature. History of Western Philosophy. Science Logic and Mathematics.