Chapter 12, page 262
The full judgment of the case of the Speluncean  Explorers can be found at www.jstor.org/stable/1336025?origin=crossref.
  
Reread the judgments of each of the other Justices  in the case of the Speluncean Explorers carefully. For each of the Justices,  consider the following questions:
- What were the facts or issues that concerned them most in reaching their decision?
- What theoretical position do they most closely seem to represent?
- What do they think their role as a judge demands?
- What do they consider to be the correct outcome? Once you have analysed each opinion:
- Which of the Justices do you agree with most closely, and why?
- Which of the Justices (whose opinion you ultimately disagree with) do you find most persuasive, and why?
Commentary
Truepenny CJ: positivist
Affirmed the decision of the trial court but requested clemency. Felt the statute was against the conspirators. Did not reflect the statute itself. The appeal for clemency is an abandonment of the judicial role: acknowledging that the legal system was not really able to handle the complexities of the issue.
Foster: natural 
Considers that if the case took place a mile beyond  the territorial limits of a state, no-one would pretend that the law of the  state would be applicable to the case. Law is not absolute, and that when the  normal rules of society break down, then the force of positive law disappears  with it, and the law of nature takes over. Even though there is nothing in the  wording of the statute that suggests self-defence, the exception of  self-defence is accepted.
Tatting: positivist 
Disagreed with Foster on the state of nature issue,  but he agreed with Foster that there is value in the self-defence theory of  self-defence. However, the conspirators acted ‘wilfully’. Considers that both  perspectives (acquittal and conviction) have equally strong arguments and he  cannot decide.
Keen: positivist 
A harsh decision will force the legislature to  reconsider the statute. The scope of the exception in favour of self-defence  clearly applies to cases of resisting an aggressive threat to the party’s own  life. This case does not fall within the scope of the exception, since Whetmore  made no such threat. Law can be enforced whether it is good or bad: Judges  should apply the law and not their personal morals. It is not the judiciary’s  role to influence the legislature; that is for the people.
Handy: realist 
  Conscious of public opinion: the legitimacy of the  judiciary derives from it reflecting the will of the people.
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