The Case of R.V Machekequonabe

The Case of R.V Machekequonabe

Machekequonabe is charged with shooting and killing his foster father.

The difficulty of this case revolves around the fact that his

particular pagan Indian tribe believed in the existence of evil spirit

wendigos which assume human form and pose a threat to their community.

On one hand, there are rules against killing other humans, and on the

other, Indian common law says that it is acceptable to kill wendigos

(which the defendant believed he was doing).

This essay will show how this conflict and ruling can be explained

completely by Dworkin's theory of law and judicial reasoning. To

provide the necessary background information, I will first explain the

facts surround the R.V. Machekequonabe case, followed by an

explanation of the questions that arise from the facts and how they

are used to decide the outcome. In order to show why Dworkin's theory

is better at explaining this case, I will also provide a series of

other legal theories and show where they are satisfactory and where

they fall short. At the end, I am confident that Dworkin's theory, in

contrast to the others makes a much better account of judicial

reasoning.

The facts concerning R.V.Machekequonabe are quite simple and straight

forward. The first fact I wish to discuss is the fact that

Machekequonabe was a member of a pagan Indian tribe. As a member of a

pagan Indian tribe, it gives reasons for why he shot his foster

father. Machekequonabe believed that what he was shooting at was a

wendigo. For the purpose of this case and this briefing I will quickly

explain what a wendigo is commonly believed to be. A wen...

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...d by agreement in the court of appeals. By

applying principles to the conflicting laws, the judge is able to make

the greatest social advancements by both punishing for actions causing

harm and also giving hint that his honest intentions did not go

unnoticed and such intentions should be upheld in society.

Looking at the case R.V.Machekequonabe, it is a prime example of

conflicting rules. It is always difficult to decide which rule should

be followed and which should be rejected, especially in cases where

cultural upbringing plays such a major role. However, after looking at

the facts, and the ruling, Dworkin's theory of law and judicial

reasoning provides us with the most satisfactory explanation, and also

shows that rulings, when applying social principles are meant to

enhance society and bring about social growth.