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The Case of the Speluncean Explorers
Nine New Opinions
Taschenbuch von Peter Suber
Sprache: Englisch

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Beschreibung
"The Case of the Speluncean Explorers" by Lon Fuller first appeared in the "Harvard Law Review" in 1949. It has since become the most famous fictitious legal case in the US and is used widely by law schools. The case revolves around an episode in the year 4,300. A band of explorers become trapped in a cave and are forced to cannibalize a member of their team. When they are rescued, five Supreme Court judges provide opinions on what should be done with them. Peter Suber has added nine new opinions along feminist, communitarian, economic, constructionist, postmodern theories of law. The complete Fuller article is included in the beginning of the book.
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 oflaw or legal philosophy.
"The Case of the Speluncean Explorers" by Lon Fuller first appeared in the "Harvard Law Review" in 1949. It has since become the most famous fictitious legal case in the US and is used widely by law schools. The case revolves around an episode in the year 4,300. A band of explorers become trapped in a cave and are forced to cannibalize a member of their team. When they are rescued, five Supreme Court judges provide opinions on what should be done with them. Peter Suber has added nine new opinions along feminist, communitarian, economic, constructionist, postmodern theories of law. The complete Fuller article is included in the beginning of the book.
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 oflaw or legal philosophy.
Über den Autor
Peter Suber, who holds a Ph.D. in philosophy and a J.D. (in law), is Professor of Philosophy at Earlham College. He is the author of The Paradox of Self-Amendment, the first book-length study of self-reference problems in law.
Inhaltsverzeichnis
Introduction; Part 1 Lon Fuller's Case of the Speluncean Explorers; Chapter 1 Opinion of Chief Justice Truepenny; Chapter 2 Opinion of Justice Foster; Chapter 3 Opinion of Justice Tatting; Chapter 4 Opinion of Justice Keen; Chapter 5 Opinion of Justice Handy; Chapter 6 Opinion of Justice Tatting; Chapter 7 Postscript; Part 2 Nine New Opinions; Chapter 8 Opinion of Chief Justice Burnham; Chapter 9 Opinion of Justice Springham; Chapter 10 Opinion of Justice Tally; Chapter 11 Opinion of Justice Hellen; Chapter 12 Opinion of Justice Trumpet; Chapter 13 Opinion of Justice Goad; Chapter 14 Opinion of Justice Frank; Chapter 15 Opinion of Justice Reckon; Chapter 16 Opinion of Justice Bond;
Details
Empfohlen (bis): 18
Empfohlen (von): 18
Erscheinungsjahr: 1998
Genre: Philosophie
Rubrik: Geisteswissenschaften
Medium: Taschenbuch
Seiten: 128
Inhalt: Einband - flex.(Paperback)
ISBN-13: 9780415185462
ISBN-10: 0415185467
Sprache: Englisch
Einband: Kartoniert / Broschiert
Autor: Suber, Peter
Hersteller: Taylor & Francis Ltd
Maße: 232 x 155 x 11 mm
Von/Mit: Peter Suber
Erscheinungsdatum: 05.11.1998
Gewicht: 0,213 kg
preigu-id: 121947665
Über den Autor
Peter Suber, who holds a Ph.D. in philosophy and a J.D. (in law), is Professor of Philosophy at Earlham College. He is the author of The Paradox of Self-Amendment, the first book-length study of self-reference problems in law.
Inhaltsverzeichnis
Introduction; Part 1 Lon Fuller's Case of the Speluncean Explorers; Chapter 1 Opinion of Chief Justice Truepenny; Chapter 2 Opinion of Justice Foster; Chapter 3 Opinion of Justice Tatting; Chapter 4 Opinion of Justice Keen; Chapter 5 Opinion of Justice Handy; Chapter 6 Opinion of Justice Tatting; Chapter 7 Postscript; Part 2 Nine New Opinions; Chapter 8 Opinion of Chief Justice Burnham; Chapter 9 Opinion of Justice Springham; Chapter 10 Opinion of Justice Tally; Chapter 11 Opinion of Justice Hellen; Chapter 12 Opinion of Justice Trumpet; Chapter 13 Opinion of Justice Goad; Chapter 14 Opinion of Justice Frank; Chapter 15 Opinion of Justice Reckon; Chapter 16 Opinion of Justice Bond;
Details
Empfohlen (bis): 18
Empfohlen (von): 18
Erscheinungsjahr: 1998
Genre: Philosophie
Rubrik: Geisteswissenschaften
Medium: Taschenbuch
Seiten: 128
Inhalt: Einband - flex.(Paperback)
ISBN-13: 9780415185462
ISBN-10: 0415185467
Sprache: Englisch
Einband: Kartoniert / Broschiert
Autor: Suber, Peter
Hersteller: Taylor & Francis Ltd
Maße: 232 x 155 x 11 mm
Von/Mit: Peter Suber
Erscheinungsdatum: 05.11.1998
Gewicht: 0,213 kg
preigu-id: 121947665
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