PHILOSOPHY OF LAW
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HAND-OUTS
SPRING 2003





The Case of the Speluncean Explorers:
Potential Arguments, Considerations, Concerns
In Defense Against the Charge of Murder


(1) The Self-Defense Argument ("What is self-defense?")

(2) The State of Nature Argument ("What is a 'State of Nature'?")

(3) The Self-Preservation Argument ("What is a 'self-preservation' argument?")

(4) The Neccesity Defense Itself ("What is the 'necessity' defense?")

(5) The Argument from Duress ("What is duress?")

(6) The "Temporary Insanity" Argument ("What is 'insanity'?")

(7) The Courting Disaster Argument

(8) The "Not Even Neccessary" Argument and the Reasonable Belief Response

(9) The Violation of a Such a Basic Principle as the Rule Prohibiting Murder is too serious to be excused by the doctrine of necessity: Is there no rule of human jettison?

(10) The Arguments against Casting Lots. What other criiteria Might the Spelunkers have used for Deciding Who Should Live and Who should Die?
a.) the most valuable to society,
b.) the weakest,
c.) the one with the largest family to support,
d.) the one who might pay the most.

(11) Euthanasia: Would Whetmore's consent to die have changed matters?

(12) Should Numbers Count?

(13) The Clemency Escape Clause

(14) The weighting Process: How Is it to be Done?

(15) Perhaps a more general principle: Obey the law except in those circumstances where obeying the law is outweighed by the terrible consequences that would follow. So disobey if more good than evil will come? Is this the Principle of Necessity?






Prepared: February 4, 2003 - 5:02:29 PM
Edited and Updated, February 5, 2003


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