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The Case of the Speluncean Explorers: Nine New Opinions, by Peter Suber
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The Case of the Speluncean Explorers, written in 1949 by Lon Fuller, is the most famous fictitious legal case of all time. Describing a case of trapped travellers who are forcd to cannibalize one of their team, it is used on courses in philosophy of law and Jurisprudence to show how their trial upon rescue touches on key concepts in philosophy and legal theory such as utilitarianism and naturalism. The Case of the Speluncean Explorers: Nine New opinions includes a reprint of Fuller's classic article and a much-needed revision of and addition to the five openings originally expressed in the case by the five Supreme Court Judges. Peter Suber carefully and clearly introduces students to the main themes of Fuller's article before introducing nine new opinions. These opinions include perspectives from communitarian, feminist, multicultural, postmodern and economic theories of law, updating Fuller's original case and bringing contemporary theories of law to bear on the five original opinions.
Why read this book? One reason is to get beyond sloganeering about "judicial activism" and "activist judges". The book is an enjoyable and even-handed way to understand what the debate is about. It doesn't tell you what to think, but illustrates the contending positions and lets you think for yourself. It will show you how judges with different moral and political beliefs interpret written law, how they use precedents, how they conceive the proper role of judges, how they conceive the relationship between law and morality, and how they defend their judicial practices against criticism. It anchors all of this in a Supreme Court hearing of a gripping, concrete case on which real people disagree. (Challenge: Take any view of how judges should interpret law, especially any view that makes it sound easy, and try it out on this case. How well can it respect the facts and law? How well can it answer the objections from judges who take other views? How well does it deliver justice?) The book uses no jargon and assumes no prior knowledge of law or legal philosophy.
- Sales Rank: #444362 in Books
- Published on: 1998-12-10
- Released on: 1998-11-05
- Original language: English
- Number of items: 1
- Dimensions: 9.21" h x .29" w x 6.14" l, .47 pounds
- Binding: Paperback
- 128 pages
Review
"Suber's additions to this classic case are timely and substantially broaden the treatment of Fuller's original piece. The style is clean, direct and succinct. Suber does a fine job in identifying many of the issues Fuller could not have included
."
-Craig Ducat, Northern Illinois University
"There is a real use for this book for courses on legal theory, and it will prove very useful in teaching."
-Sandra E. Marshall, University of Sterling
About the Author
Peter Suber, widely considered to be the de facto leader of the worldwide open-access movement, is Director of the Harvard Office for Scholarly Communication, Director of the Harvard Open Access Project, Faculty Fellow at the Berkman Center, Senior Researcher at SPARC, and Research Professor of Philosophy at Earlham College. He is the author of "Open Access "(MIT Press), named by "Choice" as an Outstanding Academic Title for 2013.
Most helpful customer reviews
13 of 16 people found the following review helpful.
Reflections on the nature of law
By Noel Struchiner
On a very superficial reading of the book, I guess it is possible to classify it as a powerful and frightening thriller. However this is certainly not the purpose of the book. "The Case of the Speluncean Explorers" is a powerful inquiry into the nature of law. These nine new opinions added by Peter Suber compose a rich increment to the original book, keeping the original work of Lon Fuller up to date with the contemporary debates in the philosophy of law.
1 of 1 people found the following review helpful.
Excellent
By M. Carbajal De Leon
The best way to have a solid approach to the difficult world of the law
0 of 0 people found the following review helpful.
The Case of the Speluncean Explorers
By Shan Han
It's a fantastic account of legal thoughts in fictional form. But I am not sure whether people who are not interested in legal philosopy would like it.
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