The Case of the Speluncean Explorers
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Questions and Answers

What organization were the defendants part of?

Speluncean Society

How did the defendants communicate with the rescue camp?

  • Portable wireless machine (correct)
  • Oral messages
  • Smoke signals
  • Written letters

    • The explorers brought enough food with them into the cave for a long duration.

    False

    Whetmore was killed and eaten by his companions on the _____ day after their entrance into the cave.

    <p>twenty-third</p> Signup and view all the answers

    What method did the explorers consider to determine who should be eaten?

    <p>casting lots</p> Signup and view all the answers

    According to Justice Foster, what is he shocked about regarding the Chief Justice's approach?

    <p>expedient at once so sordid and so obvious</p> Signup and view all the answers

    What is Justice Foster's belief regarding the Speluncean Explorers' guilt?

    <p>They are innocent.</p> Signup and view all the answers

    Justice Foster argues that the situation of the Speluncean Explorers falls under the enacted law of the Commonwealth.

    <p>False</p> Signup and view all the answers

    What is the main point being made about the value of human life in the passage?

    <p>The value of human life depends on the circumstances.</p> Signup and view all the answers

    What was the rationale presented for the exception of self-defense in criminal legislation?

    <p>Deterrence from crime.</p> Signup and view all the answers

    The passage suggests that interpreting laws reasonably, based on their purpose, is more important than a literal interpretation.

    <p>True</p> Signup and view all the answers

    Why were the men not subject to the law of the Commonwealth of Newgarth?

    <p>They were in a 'state of nature'</p> Signup and view all the answers

    Why were uncertainties raised about the transition of men from the jurisdiction of the Commonwealth of Newgarth to 'the law of nature'?

    <p>All of the above</p> Signup and view all the answers

    True or False: The judge in the text questions the authority to apply the 'law of nature' as the basis for judgment.

    <p>True</p> Signup and view all the answers

    One of the principles of criminal statutes is to provide an orderly outlet for the ____ human demand for retribution.

    <p>instinctive</p> Signup and view all the answers

    What principle is now clear-cut following the civil war mentioned in the passage?

    <p>supremacy of the legislative branch</p> Signup and view all the answers

    What is the obligation of the judiciary according to the passage?

    <p>Enforce the written law</p> Signup and view all the answers

    Judicial revision of statutes is permitted according to the principle discussed in the passage.

    <p>False</p> Signup and view all the answers

    What does the author relate My brother Foster's penchant for finding in statutes?

    <p>holes</p> Signup and view all the answers

    What is the moral value of the hard cases?

    <p>Bringing home to the people their own responsibilities toward the law that is ultimately their creation, and reminding them that there is no principle of personal grace that can relieve the mistakes of their representatives.</p> Signup and view all the answers

    What would have been the result if our courts had stood steadfast on the language of the statute?

    <p>A legislative revision of it</p> Signup and view all the answers

    The judiciary is the branch of the government that is most likely to stay in contact with the common man.

    <p>False</p> Signup and view all the answers

    What is the primary goal of government, according to the author?

    <p>To preserve the flexibility essential to keep their actions in reasonable accord with the sentiments of those subject to their rule.</p> Signup and view all the answers

    The case of the Speluncean Explorers has aroused an enormous ______________ interest, both here and abroad.

    <p>public</p> Signup and view all the answers

    What percentage of the public believed that the defendants should be pardoned or let off with a kind of token punishment?

    <p>90%</p> Signup and view all the answers

    What stigma is associated with the word 'murderer'?

    <p>the stigma of the word 'murderer' is such that it is quite likely, I believe, that if these men had known that their act was deemed by the law to be murder they would have waited for a few days at least before carrying out their plan.</p> Signup and view all the answers

    What difficulty does the speaker find in his brother Foster's proposal regarding the statute?

    <p>All of the above</p> Signup and view all the answers

    The speaker is able to find a formula capable of resolving the equivocations in the case.

    <p>False</p> Signup and view all the answers

    According to the excerpt, the speaker declares his withdrawal from the decision of this case due to being unable to resolve the doubts that ____ him about the law of this case.

    <p>beset</p> Signup and view all the answers

    What is the primary aspect that causes the difficulties discussed in the text?

    <p>distinguishing the legal from the moral aspects of the case</p> Signup and view all the answers

    What did the narrator realize was the key to examining the case?

    <p>Common sense</p> Signup and view all the answers

    The melee in which the plaintiff was injured had been a very ______________________ affair.

    <p>confused</p> Signup and view all the answers

    The plaintiff's injuries had left him with permanent disfigurement.

    <p>False</p> Signup and view all the answers

    Why did the narrator feel the plaintiff was responsible for the situation?

    <p>The plaintiff had knowingly expressed his views in an inflamed environment.</p> Signup and view all the answers

    What was the outcome of the narrator's decision in the original case?

    <p>The public and press widely approved the decision.</p> Signup and view all the answers

    How many ways are mentioned for a man to escape punishment when accused of a crime?

    <p>Four ways</p> Signup and view all the answers

    Who was able to devise a form of words that allowed the jury to dodge its usual responsibilities?

    <p>foreman of the jury</p> Signup and view all the answers

    The Chief Justice in the text wants the application of common sense to be postponed until the end.

    <p>False</p> Signup and view all the answers

    The 10 per cent of the people who did not want the men off entirely constituted a very oddly assorted group, with the most curious and divergent __________.

    <p>opinions</p> Signup and view all the answers

    Study Notes

    The Case of the Speluncean Explorers

    • The case involves four defendants, members of the Speluncean Society, who were convicted of murder and sentenced to be hanged.
    • The defendants, along with Roger Whetmore, were trapped in a limestone cave due to a landslide, and they had to resort to cannibalism to survive.

    The Rescue Efforts

    • A rescue party was dispatched to the cave, but the task proved to be overwhelmingly difficult.
    • The rescue effort was hampered by fresh landslides, resulting in the deaths of ten workmen.
    • A huge temporary camp was established, and a sum of 800,000 frelars was spent on the rescue effort.

    Communication with the Rescue Party

    • On the 20th day of their imprisonment, the explorers established communication with the rescue party using a portable wireless machine.
    • They asked how long it would take to rescue them and were informed that it would take at least 10 days.
    • They asked for a medical opinion on whether they would survive without food for 10 days, and the physicians told them that there was little possibility of survival.

    The Decision to Cast Lots

    • Whetmore suggested that they might find the necessary nutriment in the flesh of one of their own number.
    • He proposed casting lots to determine who would be eaten.
    • The defendants initially refused but eventually agreed to the plan.
    • Whetmore later withdrew from the arrangement, but the defendants proceeded to cast the dice, and Whetmore was killed and eaten.

    The Trial

    • The defendants were indicted for the murder of Roger Whetmore.
    • The jury found the defendants guilty, and the trial judge sentenced them to be hanged.
    • The jury and the trial judge asked for clemency, and the Chief Justice proposed to join in the communication to the Chief Executive.

    Justice Foster's Dissenting Opinion

    • Foster disagreed with the Chief Justice's proposal, arguing that the law of the Commonwealth should be upheld.
    • He believed that the law declares the defendants to be innocent of any crime.
    • Foster argued that the enacted law is inapplicable to this case and that the case is governed by the "law of nature."
    • He believed that the law of the Commonwealth is based on the possibility of men's coexistence, and when that possibility disappears, the law loses its force.

    Justice Foster's Theory

    • Foster argued that the law of the Commonwealth is predicated on the possibility of men's coexistence in society.
    • When a situation arises in which coexistence becomes impossible, the law loses its force.
    • He believed that the case is governed by the "law of nature" rather than the enacted law of the Commonwealth.
    • Foster's theory is based on the idea that the law is applicable only when men live together in a group within a given area of the earth's surface.### The Case of the Speluncean Explorers

    The Principle of Contract and Government

    • The concept of contract or agreement is the basis of government and law
    • In emergency situations, people may create a new charter of government, as in the case of the Speluncean Explorers
    • The powers of government can only be justified morally on the grounds that reasonable men would agree upon and accept them if they were constructing a new order to make life in common possible

    The Morality of Sacrificing Human Life

    • In ordinary society, human life is considered an absolute value, not to be sacrificed under any circumstances
    • However, in reality, human life is often sacrificed for the benefit of others, such as in construction projects or medical procedures
    • The defendants in the case of the Speluncean Explorers sacrificed one life to save four, a rational decision in a desperate situation

    The Interpretation of Statutes

    • Statutes must be interpreted reasonably, in light of their evident purpose
    • A literal interpretation of a statute may not always be applicable, as in the case of Commonwealth v. Staymore and Fehler v. Neegas
    • The statute making it a crime to kill another does not apply to cases of self-defense, as it was not intended to deter men from defending themselves

    The Rationale of Self-Defense

    • Self-defense is an exception to the rule that killing is a crime
    • The excuse of self-defense cannot be reconciled with the words of the statute, but only with its purpose
    • The purpose of criminal legislation is to deter men from crime, and a rule that declares self-defense to be murder would not operate in a deterrent manner

    The Application of the Statute to the Case

    • The defendants' situation is not subject to the statute making it a crime to kill another, as it was not intended to apply to such desperate circumstances
    • The withdrawal of this situation from the effect of the statute is justified by precisely the same considerations that were applied to the case of self-defense

    Critique of the Argument

    • The argument that the defendants were not subject to the law because they were in a "state of nature" is fraught with contradictions and fallacies
    • The doctrine proposed is capable of producing real difficulties and absurdities, such as determining when a person attains majority in a state of nature
    • A court of law has no authority to resolve itself into a Court of Nature and expound and apply the law of nature.### The Case of the Speluncean Explorers
    • The case revolves around a group of explorers who, while trapped in a cave, decide to kill and eat one of their members, Roger Whetmore, to survive.
    • The defendants, who are on trial for murder, argue that they acted in self-defense and that the law should not apply to their situation.

    Debate among Justices

    • Justice Foster argues that the defendants should not be convicted of murder, as the law should be interpreted in light of its purpose, which is to deter.
    • He believes that the application of the law in this case would contradict its purpose, as it would not deter others in similar situations.
    • Justice Tatting disagrees with Justice Foster, citing the difficulties of applying the law in this case and the need to distinguish between legal and moral aspects.

    Key Points of Justice Tatting's Argument

    • Justice Tatting argues that the defendants did "willfully take the life" of Roger Whetmore, as stated in the statute.
    • He believes that the difficulties of the case arise from a failure to distinguish between legal and moral aspects.
    • Justice Tatting argues that the court should not disregard the express language of a statute to justify a particular result.

    Context of Judicial Interpretation

    • The case highlights the ongoing debate between justices about the role of judicial interpretation in applying the law.
    • Justice Tatting alludes to a historical period in the Commonwealth where judges legislated freely, leading to a conflict between the judiciary and other branches of government.
    • The case raises questions about the limits of judicial power and the role of the judiciary in interpreting the law.

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    The Case of the Speluncean Explorers PDF

    Description

    This quiz is based on a famous Harvard Law Review case study about four explorers who are trapped in a cave and must make a difficult decision to survive.

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