Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Law and morality relationship
Law and morality relationship
The relationship between law and morality
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Law and morality relationship
THE CASE OF THE SPELUNCEAN EXPLORERS.
This particular case delves into both criminal and moral decisions regarding the relationship between natural law’ of which often derives from inherent human nature and statute law which is passed down through parliament. The judges interpreting this particular case are at a stale mate as to determination” of this particular judgment involving 5 speluncean explorers who tragically killed the 5th member as there was no other means to survive’ all supply’s food etc. had run out” one of the explorers i.e. Whetmore spoke on behalf of the group and asked if he’d survive by eating one of their companions i.e. cannibalism ( the doctor replied yes ) oral consent !! although it was found on the 20th day that’s the explorers realised about a portable wireless machine which was capable of receiving and sending messages. subsequently upon their release on the thirty second day, they were arrested and charged with the murder of wetmore and sentenced to death by the supreme court.
Legal Theory and jurisprudence considered in this case
I notice” Truepenny c.j. is disheartened with the judge and jury’ as in his opinion they followed the letter of statute law. without due consideration to the heinous situation they became entangled in truepenny c.j. appears to have a lot of sympathy with the defendants. i.e.
…show more content…
that the lives of four” have been saved to the detriment of one. The life of whitmore was taken for survival rather than merely a criminal act as seen in the case of commonwealth v. staymore, in which a political argument took place resulting in overstaying the 2 hours parking in a controlled zone to which the court subsequently released him after clearly imploding the statute. Justice foster explains further isn’t the natural phenomenon to save as many lives as possible even if one man is at
It is the 1940's, in a small Cajun community, there is a trial for the murder of a white liquor store attendant. The defense is Jefferson, a poorly educated black man. His appointed attorney is closing his argument in an attempt to spare his client the death penalty. His attorney states, "Gentlemen of the jury, be merciful. For God's sake, be merciful. He is innocent of all charges brought against him. But let us say he was not. Let us for a moment say he was not. What justice would there be to take this life? Justice, gentlemen? Why, I would just as soon put a hog in the electric chair as this." (p. 8)
Syme, D. (1997). Martin Bryant's Sentence- What the judge said, Retrieved 5 July, 2003, from http://www.geniac.net/portarthur/sentence.htm. 7. The Australian Encyclopaedia.
“ ….Judgments, right or wrong. This concern with concepts such as finality, jurisdiction, and the balance of powers may sound technical, lawyerly, and highly abstract. But so is the criminal justice system….Law must provide simple answers: innocence or guilt, freedom or imprisonment, life or death.” (Baude, 21).
New York: Library of America, 1998. 63-84. The 'Secondary' of the 'S “Trial by Jury.” Time 3 Oct. 1955: 18-19. “The Place, the Acquittal.”
“The trial was brought to a speedy conclusion. Not only did Judge Evans find the twelve guilty, fine them $100 each, and committed them to jail, but five people in the courtroom who had served as witnesses for the defense arrested. […] The police were then instructed to transfer the seventeen prisoners that night to the county jail”(30).
After being issued by President Thomas Jefferson to map, explore, and compile information on the land just bought through the Louisiana Purchase, Captain Meriwether Lewis and 2nd Lieutenant William Clark set off on one of the greatest expeditions of all time. This paper will explore what adversities were faced on the Corp of Discoveries. From militant Indians to diseases like dysentery, they faced it all. And as Captain Lewis documented, “We went as close to hell as you can go in this lifetime.” (11.Perry)
Exploration has always been a central theme in the development of the United States. The Louisiana Purchase, in 1803, made the government more eager to expand west. The newly acquired lands were in need of exploration. A team needed to be established to survey and document the new territory. The Lewis and Clark expedition would answer the unknown questions of the west. The expedition would not have been successful without the leadership, determination, discipline of the Corps of Discovery, and the cooperation of the Native Americans. President Jefferson wanted the leader to have the same passion and intensity toward the discovery of the west as he possessed. Jefferson hand- picked the leader of the team to be Meriwether Lewis. President Jefferson had high expectations for the mission to find an all water route to the Pacific. These expectations drove Jefferson and Lewis to coordinate a mission to assess the west.
European explorers first landed on the shores of what would later become North America more than 500 years ago. Not long after the first explorers had entered the "New World" they found out that they were not alone on this new frontier. Their neighbors in this new land were the Native Americans who had been there for centuries, virtually unaware of life outside the continent. Thus began an inconsistent and often times unstable relationship between the European settlers and the North American Indians. Two nations who had particularly interesting relationships with the Native Americans were the British and the French, both of whom took different approaches to their relations with the Indians economically as well as culturally. Neither nation had complete trust for the Indians, nor did the Indians ever completely trust the men who arrived on "floating islands with many tall trees". Nonetheless, they did interact with one another in their daily lives. Both economically and culturally the French and British went about their interactions with the Native Americans differently. Through first hand writings and documents as well as observations by historians, it is evident that the British and French interacted with the Indians of North America in different ways.
Thank you for your consideration, gentlemen of the jury, on this exceedingly significant matter. Gentlemen, why should you, with the responsibility of this man’s fate lying in your hands, imprison and execute him when the law itself from the “knowledge of understanding,” the exact law that you have vowed upon, states that it is a hazardous thing to do? Why should you convict a human being upon misleading evidence which the law itself states is a precarious deed to act upon? Gentlemen of the jury, please reflect upon this, “How do people come up with a date and time to take life from another man?” (Gaines 157). In particular, for a crime that is evident to every individual in this courtroom that the defendant did not commit. How could an individual
This theory looks at how the sovereign and its officials created the law based on social norms and the institutions (Hart, 1958). However, hard cases such as this makes for bad law, which test the validity of the law at hand based on what the objective of the law was in the first place. The law should not be so easily dismissed just because it does not achieve justice in the most morally sound manner (Hart, 1958). Bentham and Austin understood that there are two errors in the way law is understood, what the law is and what the law should be (Hart, 1958). He knew that if law was to become what humans perceived the law ought to be, the law itself would be lost, but he also recognized that if the opposite was to occur where the law replaced morality, than any man would escape liability and there would be no retribution (Hart, 1958). This theory looks at the point of view of the dissenting judge, Justice Gray, which is that the law is what it is, even if it may conflict with morals. Austin stated that “The existence of law is one thing; its merit and demerit another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is a different enquiry (Hart, 1958).” This case presents the same conflict that Bentham and Austin addressed, that the law based on the statute of the
In late 12th century, Europeans were not satisfied the territory and treasury from their homeland, so they were looking for “the New World” which can set more colonies around world. Desiring the goodness of sailing, more and more voyagers explore the ocean. European colonies have four main motivations for “the New Word”, which are gaining treasury or slaves, expanding the territory, developing the trade, and missionizing the religion. To achieve their goal, some countries like Spain, French, Dutch, and English send voyages to “ the New World”.
What determines whether an action undertaken by any agent is right or wrong? Lon L. Fuller's 1949 article, The Case of the Speluncean Explorers, provides a situation whereby the ethical definitions of right action are evaluated. The ethical study of right action consists of two major moral theories being de-ontological (backward looking/origin) and teleological (forward looking/ends). Both also have religious and non-religious strands. The de-ontological theory consists of the divine-command theory (religious) and Kantianism (non-religious), while the teleological theory is composed of natural-law theory (religious) and utilitarianism (non-religious). In this paper, all four strands of moral theory will be used to evaluate the Fuller article and decipher which moral theory best serves the argument whether the actions of the four defendants were ethically permissible given the situation. At the end of this paper, sufficient proof will be given to prove that the application of Kantian ethical theory regarding right action—the categorical imperative—with Christine Korsgaard's double-level theories is pertinent in bringing about a moral conclusion to the case involved.
The English legal system is ostensibly embedded on a foundation of a ‘high degree of certainty with adaptability’ based on a steady ‘mode’ of legal reasoning. This rests on four propositions
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...
The relationship between law and morality has been argued over by legal theorists for centuries. The debate is constantly be readdressed with new cases raising important moral and legal questions. This essay will explain the nature of law and morality and how they are linked.