The Speluncean Explorers

7 Pages 1797 Words

The Speluncean Explorers

Legal Realism Judgment


This case is about five members of the Speluncean Society (the “Members”), an organization of amateurs interested in the exploration of caves. One of the members Roger Whetmore (“Whetmore”) was murdered, and the other four members (the “Defendants”) were convicted and sentenced to be hanged by the Court of general Instances of the County of Stowfield.

One of the key facts in this matter is that the Members went exploring a cave and were entrapped. It was known by rescuers that there was no animal or vegetable matter within the cave, and it was felt that they might meet death by starvation before access to them could be obtained by the rescuers.

Another fact is that on the twentieth day, the Members learned that they had a portable wireless machine capable of sending and receiving messages and then sent messages of entrapment to the rescue team outside of the cave. They asked how long a time would be required to release them. The engineers in charge answered that it would be at least ten days even if no new landslides occurred. The Members described their condition and the rations they had taken with them, and asked for a medical opinion whether they would be likely to live without food for ten days longer. The physician said “that there was little possibility of this”.

Another important fact is that it was questioned by Whetmore on behalf of the Members when communication was re-established eight hours later, whether they could survive for ten days longer if they ate one of the Members. The physician said yes. Whetmore than asked the physician if it would be advisable to cast lots to determine who should be eaten. The physician didn't answer. We come to another key factor is that Whetmore asked if any judge, official, minister, or priest was present none of the rescuers said they were. The fact that they asked this particular question shows mens r...