John Locke Self Conserving

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dentitfy with Aquinas’ understanding of the law but also with John Locke in terms of the state of nature. Locke emphasized “Self preservation” as the most practical and most effective way of living your life. (Locke, p.141) When life or death is concerned, Locke would say that your life is priority over all. This line of reasoning seems suited for men starving to death in a cave fighting for their lives. “One of the most ancient bits of legal wisdom is the saying that a man may break the letter of the law without breaking the law itself.(Fuller, p.8) This is where the actual purpose of the law is differentiated with the written law itself. Just because one thing is said, it doesn’t mean that other things can’t be insinuated or gathered from …show more content…

Tatting also urges against the wording of the statue to begin with. “No statute, whatever its language, should be applied in a way that contradicts its purpose” (Fuller, p.11). Since there are so many possibilities relating to the negotiations of the settlement to eat one of the group, it is almost impossible to rule based on those particulars. “What would we have to decide if Whetmore had refused from the beginning to participate in the plan” (Fuller, p.13)? Tatting reaches a conclusion that some in the honorable position would regrettably make. “Since I have been wholly unable to resolve the doubts that beset me about the law of this case, I am with regret announcing a step that is, I believe, unprecedented in the history of this tribunal. I declare my withdrawal from the decision of this case”(Fuller, p.14). This component of the courtroom leaves room for human error in the judiciary. Aquinas understood there to be different elements of law, falling under specific categories and urgencies. This truth left Justice Tatting with an unsettling feeling, deciding on a withdrawal from the decision on the

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