How about make it original? Cite this Essay To export a reference to this article please select a referencing style below: The principle of executive clemency is where the President in criminal cases and the Governor in state convictions have the power to excuse a person of a convicted crime, alter or reduce a sentence from death to a smaller punishment. With their meager food supply failing to last them until they could be rescued, they resolve that the only method of survival would be to kill and eat one of their party. Further, I will provide more reasons why the court must always decide the dispute before it. Firstly, Justice Foster takes the view that positive law cannot be applied to the case.

This thesis suggests that the sovereign, being a governmental body or official who holds the most power in the society, is a distinguishing feature of the legal system. If you need this or any other sample, we can send it to you via email. I agree with him because in this situation where the co existence of the men is not possible without the taking of life, positive law is not applicable. It is the purpose of the judges to answer — to the extent of their abilities — the dubious questions. Case of Speluncean Explorers. How can Diane Blood, who sold her house to pay off legal fees be told in the end that there was no decision, a stalemate to her situation with nothing resolved?

Another valuable trait of legal positivism is that judges are in no way, shape or form allowed to let personal predilections affect their decision-making. These are monarchs, sovereign bodies and supreme political superiors, who are men and women in a state of subjection with political powers.

Positivism originated from the Latin word positus, which means to posit, hypothesise or firmly affix the existence of something Kramer, By only looking at the law itself, positivists are able to not judge law by the question of justice or humanity. Case of Speluncean Explorers.


In legal positivism it is critical that moral judgements are never involved in the decision of a case. Hypothetical situations can put a totally different slant on the facts of a case, which could make the situation even more dubious than before.

The Case of the Speluncean Explorers Essay Example for Free – Sample words

The last point was that a sovereign is one who is obeyed by the majority, the sovereign being one who is a superior to an inferior Austin, Click to learn more https: Although Trupenny believed that we should have had sympathy for the explorers due to the circumstances that they rhesis themselves in our statute allowed no exception applicable to this case.

Leave your email and we will send you an example after 24 hours Arguably, the thessis is refusing its job in some way as it fails its constitutional role of upholding the rule of law.

These mechanisms would be redundant if the courts were allowed to refuse the dispute before them. Professional writers and researchers.

The Case of the Speluncean Explorers Essay

Cite this Essay To export a reference to this article please select a referencing style below: After reading the opinions of various judges in the case of The Speluncean Explorers, I found the explorefs of Justice Foster well justified. When removed from principles of morality, fairness and justice, written law ceases to be lawful.

speluncean explorers thesis

Positivists are given the ability to secure the rights of individuals and also govern with integrity Hart, Accessed May 23, spelunccean In none of these scholarly writings, however, do they allude that it is an option for the courts not to decide a dispute.


The Case of the Speluncean Explorers Category: Sorry, but copying text is forbidden on this website. Retrived May 22,from https: The judge believed that the principle of executive clemency was necessary in this case and should be considered. Blood is such an example of a judicial review. I agree with him that statutes must be read spelunceaj the lines to close the loopholes and give a fair judgment.

The Case of the Speluncean Explorers

Furthermore, there are mechanisms put in place to keep judges, for instance, protected from the public and political opinion in exercising their constitutional role. Toward a Sustainable Future Essay The growth of electricity through the ages Essay How does the brain naturally control pain?

speluncean explorers thesis

Sorry, but copying text is not allowed on this site. This thesis was then thesus in the 20th century by legal positivists and modified by placing emphasis on social rules Marmour, Your time is important. How to cite this page Choose cite format: Hi, I am Sara from Studymoose Hi there, would you like to get such a paper?

Also, there was no malicious intention in committing the murder and it was solely for the purpose of explorerss. How about receiving a customized one? An important point to be noticed is the lack of intention to murder and the role of survival. Pssst… we can write an original essay just for you.

speluncean explorers thesis

Author: admin