THE SPELUNCEAN CASE Case Solution And Analysis, HBR Case Study Solution & Analysis of Harvard Case Studies

The Speluncean Case Study Solution

Introduction:

The case is about the five explorers by the name of Speluncean who went on exploring a cave.The leader of this group was Roger Whet more. The group had suffered from imprisonment when a rock slide occurred in the cave which blocked the exit. The group was able to reach out to the outside to call for aid in rescuing them from the cave. A rescue party was immediately dispatched to the location of the cave.

It was estimated by the rescue group that it might take around 10 days to reach them. Communication was set up between the rescue party and the explorers through wireless connections. The rescue party was informed that the explorer had less time because of the insufficient rations to last that many days. The days to reach were delayed as another rock slide occurred on the rescue team’s part of the cave. From which about 10 of the workers were killed.

Due to the delay in rescue, the explorer leader asked whether they could survive for longer if they ate one of the members, on which the physicians advised they would survive. When the rescue team was able to reach them in thirty-two days, the party found out that the leader of the group Whet more had been killed and eaten. As Whet more was against cannibalising of one another, the group forced him to do his part on castinga lottery in which he lost and was eaten. This was considered as an act of murdering, and all of the four explorer members had been found guilty of which a trial was conducted to seal their fate.

The Chief Justice of the trial was True penny, while there were four other judges who were Tatting, Keen, Handy and Foster. The trial of the explorers was decided, and all the four members were found guilty. The punishment was the members to be hanged till death.

Opinion:

My opinion on this trial case is that all the members of the group who were found guilty of murder should be hanged and recompense for the crime they have committed. The reason for my affirming is because of Roger Whet more withdrew from the casting of the lottery for eating the one who lost. As Whet more was forced to cast the lottery, in which he lost and got eaten by his team. The legal theory clearly states a person is judged according to the facts, social interest, public policy and laws. By looking at the Speluncean case, the facts lead to the defendants as guilty.

Whet more was not voluntarily or willingly going along with the cast lots for determining who would be eaten. Also, the statute which has been clearly written N. C. S. A. (N. S.) § 12-A “Whoever shall willfully take the life of another shall be punished by death”. So as being a judge, it’s clearly our duty to follow such statute without being emotionally controlled and taking the correct decisions within the facts.

As I agree with the chief executive True penny on his decision for executing the defendants. As we ought to follow the statutes without any hesitation which are clear and unambiguous or other people would take the rules and laws poorly into consideration.

Opinion on Foster’s Judgement:

Foster was one of the Justice members on the Speluncean Case in which he was reversed on the case. He generally criticises the decision of the Chief Justice True penny as he mentions he wants to escape the embarrassments of the case. He clearly states that the defendants were outside the boundary of Newgarth's normal laws in which the nature of law is applied.

THE SPELUNCEAN CASE Harvard Case Solution & Analysis

The nature of law which goes long back at the time of Ancient Greece but in some countries this law is still imminent in today’s legal philosophy. The general meaning of the nature of the law that the legal theory or the statutes do not apply and people must do what is necessary for its survival as the society rules do not have any procedures on them.

On the rule of nature, Foster makes judgement that for the four people to survive, one person had to give his life and this is not an act of a murderer. Foster argues that the judgements should be carried out by looking at the rule of nature as speculated on America and Europe.................

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