Essay Assignment #2

“The Case of the Speluncean Explorers”

One of the most widely read articles from the Harvard Law Review among legal scholars is

“The Case of the Speluncean Explorers” by Lon L. Fuller published in 1949. It is entirely a

work of fiction, as evidenced by its setting: The mythical state of Newgarth in the year

4300. It is the tale of cave explorers who are trapped, find themselves in a nightmarish

scenario, and are ultimately charged with a crime; all set as a published opinion of the

Supreme Court of Newgarth. This “opinion” reads as a typical case published in an official

case report (e.g., California Reports, where California Supreme Court cases appear, and are

cited as precedent), though most cases do not have the opinion of every member of the

court individually published. Theoretically, however, having five opinions recorded such as

this is very possible if the individual justices (judges) wish to express ideas and opinions

separate from that which is the prevailing majority opinion or the primary dissenting

opinion. Thus, in this article, five different opinions from five justices are recorded. (NOTE:

At this point, there has already been a trial by jury, and this report from the Supreme Court

of Newgarth is in response to the appeal by the defendants.

 Read the “Case of the Speluncean Explorers”.

 Choose one of the five Justices (Judges) of the Supreme Court of Newgarth and

respond to the following:

1) What does the particular Justice’s opinion on the case say about his/her view of

the law?

2) …Of justice?

3) What influences legal decisions, and how should such decision be made?

About 3 – 4 pages, typed, DOUBLE–‐spaced. (No reference or cover pages necessary.)

Due: Last regular day of class before finals.