Imagine that you were a judge in the case set forth in Problem 2-7. How would you decide the case? On the basis of the reasons for your decision, explain which legal philosophy you think you hold. ...



Imagine that you were a judge in the case set forth in Problem 2-7. How would you decide the case? On the basis of the reasons for your decision, explain which legal philosophy you think you hold.


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.



Jan 15, 2022
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