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Case of the Speluncean Explorers Nine New Opinions

ISBN-10: 0415185467
ISBN-13: 9780415185462
Edition: 1998 (Reprint)
Authors: Peter Suber
List price: $43.95 Buy it from $11.40
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Description: The Case of the Speluncean Explorers,written in 1949 by Lon Fuller, is the first 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  More...

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Book details

List price: $43.95
Copyright year: 1998
Publisher: Routledge
Publication date: 12/8/1998
Binding: Paperback
Pages: 128
Size: 6.25" wide x 9.25" long x 0.50" tall
Weight: 0.880
Language: English

The Case of the Speluncean Explorers,written in 1949 by Lon Fuller, is the first 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 much-needed 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 even-handed 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.

Peter Suber is Director of the Office for Scholarly Communication Office at Harvard, Director of the Harvard Open Access Project, a Faculty Fellow at the Berkman Center for Internet & Society, and Senior Researcher at SPARC (Scholarly Publishing and Academic Resources Coalition). He is widely considered the de facto leader of the worldwide open access movement.

Preface
Introduction
Opinion of Chief Justice Truepenny
Opinion of Justice Foster
Opinion of Justice Tatting
Opinion of Justice Keen
Opinion of Justice Handy
Opinion of Justice Tatting
Postscript
Opinion of Chief Justice Burnham
Opinion of Justice Springham
Opinion of Justice Tally
Opinion of Justice Hellen
Opinion of Justice Trumpet
Opinion of Justice Goad
Opinion of Justice Frank
Opinion of Justice Reckon
Opinion of Justice Bond
Index

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