The Case Of The Speluncean Explorers

1544 WordsApr 1, 20177 Pages
I. INTRODUCTION The hypothetical case of the Speluncean Explorers, written by Lon Luvious Fuller, comprises of a robust statutory interpretation discussion between natural law and legal positivism. In the context of natural law, naturalist follows that there is an obligatory connection between morality and the law. To put it simply, there is a moral obligation to ascertain the legal cogency of the law. In this case, Foster J follows a natural law approach as he believes that the conviction of each of the defendants should be set aside on the premise that purposive interpretation should be applied to the statue and the defendants acted out of compulsion. Further, he contends that the defendants were in a “state of nature,” 1 thus they were…show more content…
2 M Davies, Asking the law question (LawbookCo, Pyrmont, 3rd ed, 2008) 100. life of Whetmore. Justice Keen censures the assessments of both Tatting J and Foster J expressing that they had neglected to recognise the legal and moral characteristics of the case and they viewed the law as of lesser significance than the origination of ethical quality.3 III. PLAIN MEANING OF STATUTE It explicitly shows that Justice Keen, “follows the plain meaning of the statute and refuses to consider the equitable defence of necessity”. 4 To put it simply, he interprets the law by doing ‘nothing more than implementing the positive law enacted by the legislature’. 5 Throughout it shows Justice Foster challenging Justice Keen’s view, which asserts the isolation of law and morals, by belligerence that law is related to profound quality. In settling on his verdict, Justice Keen contemplates the detachment of ethical quality and law. He puts aside his own ethical view from his obligation as a judge by voicing: A question that I wish to put to one side is that of deciding whether what these men did was ‘right’ or ‘wrong’, … that is irrelevant to the discharge of my office as a judge sworn to apply, not my

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