The Case of the

Speluncean
Explorers (1949)
LON L. FULLER

Whoever

shall willfully
take the life of another
shall be punished to
death. N.C. S. A. (N.S.) S
12 - A

The Case of the Speluncean

Explorers
C.

J.
Truepenny
J. Foster
J. Tatting

J.

Keen
J. Handy

C. J. Truepenny

C. J. Truepenny
Language

of the statute is
clear and unambiguous

VERDIC:
Propose

Affirm Conviction

clemency to Chief Executive

J. Foster

J. Foster
1.

Law of Nature

2.

Case removed from Geographical and

Moral Legal Order

3.

Most basic Principle of law based on

contracts

Assuming

Law of Nature did not

operate
Purposive

VERDIC:

Approach to Law

SET ASIDE CONVICTION

J. Tatting

J. Tatting
Criticizes
Questions

J. Foster
operation of Law of

Nature
Questions

purposive approach with

multiplicity of purposes

But

cant accept killing of 4

Defendants with the lives lost to
rescue them!
VERDICT: NO VERDICT. HE

J. Keen

J. Keen
Criticizes

C.J. Truepennys proposed

appeal to the Chief Executive
Separation

of powers

Morality

as irrelevant in case
Judges just apply law
Judicial

legislation as repugnant

Purpose

is unknown

VERDICT:

SUSTAIN CONVICTION

J. Handy

J. Handy
Practical

wisdom more weight than

abstract theories
Abstraction

only instruments for COMMON

SENSE
Court

action within reasonable accord to

mass sentiment

90%

of public wish Defendants face lesser

punishment or release

Gossips

of Chief Executive inclined to sustain

punishment

VERDICT:

CONVICTION SET ASIDE

The Case of the Speluncean

Explorers
C.

J.
Truepenny
J. Foster
J. Tatting

J.

Keen
J. Handy

Convictio
n