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The case of the Speluncean Explorers

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The judges deciding the case of the Speluncean Explorers use a variety of perspectives in order to decide whether the defendants were guilty of homicide. Review each of the perspectives provided by the judges. What theories of the law and the judicial process seem to drive each of their perspectives? Which one do you think is most appropriate for deciding the case? Why?

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The case of the Speluncean Explorers

The judges deciding the case of the Speluncean Explorers use a variety of perspectives in order to decide whether the defendants were guilty of homicide. Review each of the perspectives provided by the judges. What theories of the law and the judicial process seem to drive each of their perspectives? Which one do you think is most appropriate for deciding the case? Why?

STEP 1

The perspective of Foster J. is that the law is based on the assumption that there is a co-existence of men. Since, this has become impossible these persons are not murderers. The second reason he gave was that the situation removed these people from the effect of our positive laws or in ...

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