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The Case of the Speluncean Explorers
"The Case of the Speluncean Explorers" is an article by legal philosopher Lon L. Fuller first published in the ''Harvard Law Review'' in 1949. Largely taking the form of a fictional judgment, it presents a legal philosophy puzzle to the reader and five possible solutions in the form of judicial opinions that are attributed to judges sitting on the fictional "Supreme Court of Newgarth" in the year 4300.
The case involves five explorers who are caved in following a landslide. They learn via intermittent radio contact that, without food, they are likely to starve to death before they can be rescued. They decide that someone should be killed and eaten so that the others may survive. They decide who should be killed by throwing a pair of dice. After the four survivors are rescued, they are charged and found guilty of the murder of the fifth explorer. If their appeal to the Supreme Court of Newgarth fails, they face a mandatory death sentence. Although the wording of the statute is clear and unambiguous, there is intense public pressure for the men to avoid facing the death penalty.
The article offers five possible judicial responses. Each differs in its reasoning and on whether the survivors should be found guilty of breaching the law. Two judges affirm the convictions, emphasising the importance of the separation of powers and literal approach to statutory interpretation. Two other judges overturn the convictions; one focusses on "common sense" and the popular will while the other uses arguments drawn from the natural law tradition, emphasizing the purposive approach. A fifth judge, who is unable to reach a conclusion, recuses himself. As the Court's decision is a tie, the original convictions are upheld and the men are sentenced to death.
Fuller's account has been described as "a classic in jurisprudence" and "a microcosm of (20th ) century's debates" in legal philosophy. It allows for contrasts to be drawn between different legal philosophies, with the main two being natural law and legal positivism. In the 50 years following the article's publication, a further 25 hypothetical judgments were written by various authors whose perspectives include natural law theory, consequentialism, plain meaning positivism or textualism, purposivism, historical contextualism, realism, pragmatism, critical legal studies, feminism, critical race theory, process theory and minimalism.
==Synopsis==
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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