University Criminal Law and Jurisprudence Case Analysis: A Deep Dive

This essay presents a comprehensive analysis of a criminal law case, drawing parallels to Professor L. Fuller's "Speluncean Explorers" to explore conflicting jurisprudential theories. The analysis examines the interplay between natural law and legal positivism, focusing on a case where prisoners killed someone to survive. The author argues the case illustrates various theories of legal reasoning, including textualism and institutionalism. The essay considers the application of N.C.S.A statute Section 12-A, which addresses murder, and discusses the judge's potential interpretations based on humanitarian grounds or the law of nature. The author concludes by emphasizing the need for prudent application of the law, considering the foundations of why the law has become law, while advocating for a nuanced approach to sentencing, and reflection of the statute.

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Criminal Law
Name:
Course
Professor’s name
University name
City, State
Date of submission

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Jurisprudence
The best way to study law is to read cases. In the greatest fictitious case of the speluncean
Explorers by Professor L. Fuller, there was evident that various theories clash with each other.
He explained skillfully the law through symbolic representation. This case is in many ways
similar to Professors Fullers Speluncean explorer’s theory. According to the professor,
purposive jurisprudence sees courts activities as purposly subjecting human conduct to the
control of rules1. Morality and law are intertwined and law which is separated and divorced from
morality is not law. There is a conflict between natural law and legal positivism. In this case, the
prisoners D and S would not have survived if they had not killed the boy. Suggesting that
morality and law are not connected is such an affront to scientific thinking.
This case like professors Fuller’s has some stiff competition. This case illustrates a
number of theories about legal reasoning and natural law2. There are two jurisprudential
philosophies which are natural law and posivitism. Natural law philosophy states inclines on the
fact that the two sailers D and S were in a moral , or a state of nature which was geographical.
This contradict N.C.S.A statute Section 12-A which expressly states that whoever willfully
commits murder shall be punished by death.
After the facts are mentioned , and basing this case on the fact that we are in a jurisdiction where
the law states that whoever willfully commits murder shall be punished by death.
1 Curzon, L. (2005). Jurisprudence. London: Cavendish.
2 Salmond, S. (2012). Jurisprudence. [Place of publication not identified]: Hardpress Publishing.

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. It is on one side advisable that we may apply the letter of the law instead of interpreting it3. In
Professor Fullers case, Chief Justice Truepenny thought that the jury was wise and fair to follow
the only course open to them under the law. This advocates for Institutionalism and Textualism
and also embodies the positivist perspective. This case according to the Chief justice should be
given a literal interpretation and therefore the defendants D and S should be punished by death
and no clemency should be given.
The law is what it is rather than what it ought. It should be free from any moral
considerations. In a jurisdiction that is under the statute that whoever willfully kills shall be
punished by death, the law is plainly and directly applied rather than being interpreted. The lingo
of the statute directly applies to what the defendants D and S did to the boy. Thus, the
defendants should be punished by death as the existing law states. There is no argument about
that. There is no question that the defendants did the act willfully and they took the life of the
boy as had been admitted in the court. However, in this case, the defendant D suggested to S that
someone should be killed to save their lives and on the twentieth day they thought that the boy
should be killed4. Unlike in Professors Fullers case where Roger Whetmore had agreed on a
modality in which they would chose who to be killed, the boy did not seem to have any say on
how to choose who to be killed. Therefore, the Defendants D and S should be held fully
responsible for the crime. Unlike Professor Fullers case where there were questions of whether
Roger Whetmore’s death is solely blamed on the defendants alone, in this case the death of the
defendant fully resides on the two defendants. This is because it has not been said that the boy
agreed to the decision that determined his fate.
3 Meyerson, D. (2011). Jurisprudence. South Melbourne, Victoria, Australia: Oxford University Press.
4 Smith, M. (2010). Jurisprudence. [Place of publication not identified]: Gale Ecco, Making Of Mode.

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It would be unrealistic to employ the statute on the grounds of disregarding the basic
foundations of why the law has become law. In any case, there should use prudence to decide
the merits of the case. The law should be intelligently applied not idiotic adherence. The
defendants D and S should be punished by death without any clemency but there should be
reflection or consideration of the statute5. It should be free from any moral considerations. In a
jurisdiction that is under the statute that whoever willfully kills shall be punished by death, the
law is plainly and directly applied rather than being interpreted.
On the other hand, there was compelling reasons to suggest that the defendants had a
murder charge to answer and that they were murderers. The judge can declare the defendants
innocent on humanitarian grounds or what is called the law of nature. In this law which is mostly
practiced outside the jurisdiction of commonwealth, it states that if and when a circumstance
arises that makes the coexistence of men impossible the law may be used. When the situation
therein arises then all the statutes and the judicial precedents may cease to exist.
It is argued why one life cannot be sacrificed to save many5. The exception is always
accepted in the law. The law is not absolute since it has exceptions. The condition makes the law
of nature or the natural law take its course. The situation is similar in which the criminal activity
occurred outside the jurisdiction of the state. It is true to say that the crime occurred outside the
states jurisdiction and by this commonwealth law ceases to take effect. The consequences of the
commonwealth law disappears with it. When applying this principle the judge may notice that
the defendants are not guilty of the crime in question. This is based on the circumstances
prevailing at that time, for example, the defendants D and S and the boy could all have died if
such a decision was not made.
5 Davies, M., Croall, H. and Tyrer, J. (2010). Criminal justice. Harlow, England: Pearson Education.

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It may also be argued that due to lack of consent, the natural laws take effect and therefore the
laws of nature are true to be followed this time6. Positive laws are territorial inherently. When the
accused are outside the territorial jurisdiction, the law cease to be applicable in this case. The
defendants are separated from the applicable territory that is the lands by their geographical
location and that is the sea. The state according to the defendants and the judge was not even
able to social contract to them.
The other ground in which the judge may argue in this case is the ancient bits of wisdom
which may be legally binding. The law states that in such a case, without breaking the law itself,
a man may be allowed to break the latter of the law. In light of the purpose intended, the positive
law should be reasonably interpreted. Killing for self-defense is and was excusable. It is out of
purpose that the defendants committed a crime.
A person cannot be responsibly held if the act intended is anything beyond the control of
a man. When thy committed the murder, the defendants were trying to survive in the harsh
conditions and in this case, one of them had to be sacrificed in order for the other two. There is a
reason why a certain law was made first before it was broken. A specific law should be
purposely construed. This is gotten from the case of Commonwealth v. Staymore. It is argued
why one life cannot be sacrificed to save many. The exception is always accepted in the law.
The law is not absolute since it has exceptions7. In this case, saving many by sacrificing one is
better that sacrificing all by saving none. A case is only considered if it happens or takes place in
6 Haugen, D. and Musser, S. (2009). Criminal justice. Detroit: Greenhaven Press
7 Inciardi, J. (2010). Criminal justice. Boston: McGraw-Hill Higher Education.

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territories that are far away from the limits of the state8. The law of the state is argued that it is
not applicable due to proximity and distance that is provided. The predication of the law is
possible if only there is coexistence of men in the society8. When survival of a man becomes
almost impossible, the statutes and precedents ceases to exist. The situation is similar in which
the criminal activity occurred outside the jurisdiction of the state9. When the condition, in this
case because the crime occurred in the high waters, then it is true to say that the crime occurred
outside the states jurisdiction and by this commonwealth law ceases to take effect9.
Conclusion
In conclusion, It would be impractical to apply the statute on the grounds of ignoring the
basic foundations of why the law has become law. In any case, there should be use of prudence
to decide the merits of the case. The law should be intelligently applied not idiotic adherence.
The defendants D and S should be punished by death without any clemency but there should be
reflection or consideration of the statute.
8 AJ Julius, 'The Jurisprudence Annual Lecture 2016 – Mutual Recognition' (2016) 7 Jurisprudence.
9 Roger Cotterrell, 'Why Jurisprudence Is Not Legal Philosophy' (2014) 5 Jurisprudence.

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Bibliography
Cotterrell R, 'Why Jurisprudence Is Not Legal Philosophy' (2014) 5 Jurisprudence
Curzon, L. (2005). Jurisprudence. London: Cavendish.
Davies, M., Croall, H. and Tyrer, J. (2010). Criminal justice. Harlow, England: Pearson
Education.
Gerstenfeld, P. (2006). Criminal justice. Pasadena, Calif.: Salem Press.
Haugen, D. and Musser, S. (2009). Criminal justice. Detroit: Greenhaven Press.
Inciardi, J. (2010). Criminal justice. Boston: McGraw-Hill Higher Education.
Julius A, 'The Jurisprudence Annual Lecture 2016 – Mutual Recognition' (2016) 7 Jurisprudence
Merino, N. (2013). Criminal Justice. Farmington Hills, MI: Greenhaven Press.
Meyerson, D. (2011). Jurisprudence. South Melbourne, Victoria, Australia: Oxford University
Press.
Salmond, S. (2012). Jurisprudence. [Place of publication not identified]: Hardpress Publishing.

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Smith, M. (2010). Jurisprudence. [Place of publication not identified]: Gale Ecco, Making Of
Mode.