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THE CASE OF THE SPELUNCEAN EXPLORERS.

Compare and contrast the judgements of Handy J. and Keen J. in the Case of the Speluncean Explorers. Whose conception of the role of the judge in appellate cases is most persuasive?

This case presents contrasting representations of the relationship between law and justice. The judges involved in this case struggle to determine a significant difference. I aim to establish which judgements of Handy J. and Keen J. is the most persuasive.

Firstly I shall start with Truepenny, C.J. who made a valid reference towards the explorers trying to communicate with the outside world whilst being trapped in their, “underground prison”. This is an important point which one must be aware of, as it is referenced to throughout the case with respect to which law the defendants were under.

Truepenny, C.J. also mentions the discrepancy involved over how fair the lots were called and whether it was an appropriate method. This could be compared with the laws of contract, which themselves ca...

Posted by: Tricia F. Doyle

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