The Case of the Speluncean Explorers

Discuss which of the opinions presented in the Speluncean Explorers case offers the best justification for how the court should rule on the appeal. Explain your position and why it’s preferable to the others offered by the judges in the case. Consider the diverse ways that judges and courts respond to legal, ethical and philosophical questions. As you think about the hypothetical and real cases in this assignment keep in mind the old legal maxim that “hard cases make bad law”. The Case of the Speluncean Explorers is a hypothetical case decided by the Supreme Court of “Newgarth”.  It was written by a Harvard Law professor, Lon Fuller, and published originally (1949) in the Harvard Law to examine the kinds of ethical, legal and philosophical problems that courts, and judges sometimes encounter. It’s a good example of the old legal maxim that “hard cases make bad law”. As you read the five opinions written by the judges on this hypothetical supreme court consider the debate among the judges about whether the task of the judge should be to only apply the law that has been written by a legislature or whether judges should also take into account whether justice is being done through the strict application of a statute.  The case presents, among other things, the different approaches that judges take to the problem of applying statutes written by legislatures to the particular issues raised in the cases before them.   As you read the various opinions notice that some of the judges feel that it’s best to apply the law strictly as written while others think that the task of the judge should be to interpret a statute in order to allow the law to be applicable to circumstances that the legislators who wrote the statute couldn’t possibly have envisioned.

Struggling to find relevant content? Order a custom essay on
The Case of the Speluncean Explorers
Let our experts save you the hassle
Order Now
Calculate the price
Make an order in advance and get the best price
Pages (550 words)
$0.00
*Price with a welcome 15% discount applied.
Pro tip: If you want to save more money and pay the lowest price, you need to set a more extended deadline.
We know how difficult it is to be a student these days. That's why our prices are one of the most affordable on the market, and there are no hidden fees.

Instead, we offer bonuses, discounts, and free services to make your experience outstanding.
Sign up, place your order, and leave the rest to our professional paper writers in less than 2 minutes.
step 1
Upload assignment instructions
Fill out the order form and provide paper details. You can even attach screenshots or add additional instructions later. If something is not clear or missing, the writer will contact you for clarification.
s
Get personalized services with GPA Fix
One writer for all your papers
You can select one writer for all your papers. This option enhances the consistency in the quality of your assignments. Select your preferred writer from the list of writers who have handledf your previous assignments
Same paper from different writers
Are you ordering the same assignment for a friend? You can get the same paper from different writers. The goal is to produce 100% unique and original papers
Copy of sources used
Our homework writers will provide you with copies of sources used on your request. Just add the option when plaing your order
What our partners say about us
We appreciate every review and are always looking for ways to grow. See what other students think about our do my paper service.
Human Resources Management (HRM)
Thank you so much.
Customer 452701, August 31st, 2023
Social Work and Human Services
Excellent!
Customer 452587, August 3rd, 2021
Human Resources Management (HRM)
You are greatly appreciated.
Customer 452701, October 17th, 2023
Other
Thanks for the help, appreciate it
Customer 452821, August 27th, 2022
Social Work and Human Services
Awesome, Work! Didn't have to add much to it. Thank You!
Customer 452587, September 7th, 2021
Other
Amazing work
Customer 452909, September 4th, 2024
Nursing
Everything was done thoroughly and with care. Awesome job!!!
Customer 452453, April 10th, 2021
Eng 099
I recveived a B on this paper but I'm not sure why.
Customer 452775, June 18th, 2022
Nursing
Great paper!
Customer 452707, January 14th, 2024
Nursing
Great! Thanks again!
Customer 452707, July 4th, 2022
Philosophy
i got the paper a bit late but it is good quality will for sure come back and use this website.
Customer 452611, September 9th, 2021
Social Work and Human Services
Excellent Work!
Customer 452587, August 24th, 2021
OUR GIFT TO YOU
15% OFF your first order
Use a coupon FIRST15 and enjoy expert help with any task at the most affordable price.
Claim my 15% OFF Order in Chat

Good News ! We now help with PROCTORED EXAM. Chat with a support agent for more information