Opinion of Justice Foster The Case of the Speluncean Explorers

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the second opinion takes different approach chief justice s. in determining convictions should overturned, justice foster makes 2 main points. firstly, defendants in state of nature @ time of killing, laws of nature applied them. laws of nature allowed agree sacrifice 1 person survival of rest. secondly, assuming laws of newgarth did apply, functional approach should used in applying statute. main purpose deterrence, judge concluded that, case of self-defence, purpose of statute not served upholding convictions.


the judge counters potential objections of judicial activism suggesting although judges must obey of legislators, must intelligently. draws analogies servants need read between lines of masters instructions; strict literal compliance may not actual intention. correction of obvious legislative errors or oversights not supplant legislative will, make effective.








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