Basing her decision on the same set of facts as given in Problem 2-7, Judge C rules that the two survivors are not guilty because, according to a scientific survey of the community by a professional polling organization, the public believes that the survivors’ actions were defensible. To which school of legal thought does Judge C belong? Explain.
Problem 2-7:
Three men are trapped in a cave with no hope of rescue and no food. They roll dice to determine who will be killed and eaten by the others so that some may survive. The two survivors are unexpectedly rescued 10 days later and tried for murder. Judge A finds them guilty, saying that the unjustifiable killing of another is against the homicide laws of State X. He bases his decision solely on statutory law and case precedents interpreting the law. To which school of legal thought does Judge A belong? Explain.
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