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Peter Suber - The Case of the Speluncean Explorers: Nine New Opinions - 9780415185462 - V9780415185462
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The Case of the Speluncean Explorers: Nine New Opinions

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Description for The Case of the Speluncean Explorers: Nine New Opinions Paperback. .

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 ... Read more

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.

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Product Details

Publisher
Taylor & Francis Ltd United Kingdom
Number of pages
111
Format
Paperback
Publication date
1998
Condition
New
Weight
208g
Number of Pages
128
Place of Publication
London, United Kingdom
ISBN
9780415185462
SKU
V9780415185462
Shipping Time
Usually ships in 4 to 8 working days
Ref
99-11

About Peter Suber
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.

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