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The Speluncean Explorers case: How would you decide?

By Paul Mark Sandler BridgeTower Media Newswires The year is 4300. Defendants on appeal are convicted of murder, sentenced to hang. They seek reversal from the Supreme Court of Newgarth. (“The Case of the Speluncean Explorers,” Lon Fuller, Vol. 62, Harvard Law Review 616 (1949).) Consider yourself the sixth judge deciding the case. Let’s review .

The Speluncean Explorers case: how would you decide?

The year is 4300. Defendants on appeal are convicted of murder, sentenced to hang. They seek reversal from the Supreme Court of Newgarth. Your colleagues weigh in, expressing views reflecting mid-20th-century legal philosophy. One of the five justices withdraws, with the vote to affirm or reverse even at 2-2. You are now the deciding vote.

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