In the case of the Speluncean explorers I would argue that they should have received a guilty sentence, however the terms of their punishment should be light given the circumstances. I say this because the law should be upheld regardless but it must also consider the moral and even logical aspects of the situation. It is important to bear in mind that these people were disconnected from society for weeks and with no real help from the outside world and as a result, they were forced to make a decision. I would not say that I believe removing individuals from society should remove them from the consequences of the law, but in their predicament, over time law is not the reason for behavior rather it is nature or basic instinct. Any judge should realize that in a depleted physical state people are not always capable of following something as abstract as law when their very survival lies in the balance. Even though what they did was wrong it lead to a greater good. By killing these men it would nullify the deaths of everyone else that died to save them… If I were the wife of a man that died in the rescue party I would be more upset at the ultimate verdict which would mean that my husband’s death was in vain.
Overall, if I had to side with any of the five judges it would be with Chief Justice Truepenny. This statement best describes his opinion:
"I think we may therefore assume that some form of clemency will be extended to the defendants. If this is done then justice will be accomplished without impairing either the letter or spirit of the statues and without offering any encouragement for the disregard of the law."
I agree with this and I think a fair verdict will be one that sustains the positive law without disregarding natural law. By doing both the statue won’t be compromised and anarchy will be less likely to develop.
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I agree with your stance personally, but I have to say that under positive law the men should have been executed. This is not to say that the law the judges were following was a good law, but more that since it was law it should be followed. I think you're idea of a lighter sentence, since people did die rescuing them and their deaths are in vain since the men were actually executed. I'm not saying positive law is the right idea, but using positive law they were rightly put to death, though the law they were condemned with was a bad law.
ReplyDeleteI actually agree with Ryan. I feel as though by following positive law, the four men needed to be executed. Whether this is right or not who knows, just that under positive law their execution was required, it's as though it's an obligation by the court system and by positive law. By not following through with what the law states explicitly the law and it's preservation may be at stake.
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