Intro to the Law #1: Theory of the Law, The Case of the Speluncean Explorers Thursday, Aug 11 2005
1L and Intro to the Law and Neil Wehneman and University of Cincinnati College of Law 4:34 am
This is the first episode of my Introduction to the Law class. I quickly look at general theories of the law, and spend the balance of the time examining The Case of the Speluncean Explorers. Topics touched on include the role and influences of the judiciary, a question of self-defense, the death penalty, and assumptions implicit in law.
The Case of the Speluncean Explorers
Olmstead v. U.S.
Katz v. United States
Reading the Constitution in Cyberspace
Prof. Lawrence Lessig
Information on the death penalty
CrimProf Blog (which carries stories of exonerations and similar)
2 Responses to “Intro to the Law #1: Theory of the Law, The Case of the Speluncean Explorers”
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I was only able to get through the first part the explorers…I would say they are guilty and execute them. They had the option to commit a lesser crime (assault) and did not. They could have amputated a limb and dined on that. They could have decided to go with the other 3 people and rolled and made the decision on that basis leaving the 4th man to starve to death (since he refused to participate).
Adam,
Interesting thoughts. However, with non-sterile amputation you will almost certainly end up with a dead companion, which leaves you in the same situation (assault with intent to inflict great bodily harm = 2nd degree murder).
Also, rolling based upon the other three has two problems. First, it’s unfair to the other three people who have already put their life on the line, and were not selected. After all, if the man who wanted to back out had NOT been selected, he would have breathed a sigh of relief and eaten the unlucky companion who was selected. Second, even if they re-roll and try to keep the quitter away from the food, they would likely have to resort to murder to keep him from it as the situation gets more desparate.
- Neil