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The Case Of The Speluncean Explorers
"The Case of the Speluncean Explorers" is an article by legal philosopher Lon L. Fuller first published in the ''Harvard Law Review'' in 1949. Largely taking the form of a fictional judgment, it presents a legal philosophy puzzle to the reader and five possible solutions in the form of judicial opinions that are attributed to judges sitting on the fictional "Supreme Court of Newgarth" in the year 4300. The case involves five explorers who are caved in following a landslide. They learn via intermittent radio contact that, without food, they are likely to starve to death before they can be rescued. They decide that one of them should be killed and eaten, so that the others might survive. They determine who should be killed by throwing a pair of dice. After the four survivors are rescued, they are charged and found guilty of the murder of the fifth explorer. If their appeal to the Supreme Court of Newgarth fails, they face a mandatory death sentence. Although the wording of the stat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Positivism
Positivism is an empiricist philosophical theory that holds that all genuine knowledge is either true by definition or positive—meaning ''a posteriori'' facts derived by reason and logic from sensory experience.John J. Macionis, Linda M. Gerber, ''Sociology'', Seventh Canadian Edition, Pearson Canada Other ways of knowing, such as theology, metaphysics, intuition, or introspection, are rejected or considered meaningless. Although the positivist approach has been a recurrent theme in the history of western thought, modern positivism was first articulated in the early 19th century by Auguste Comte.. His school of sociological positivism holds that society, like the physical world, operates according to general laws. After Comte, positivist schools arose in logic, psychology, economics, historiography, and other fields of thought. Generally, positivists attempted to introduce scientific methods to their respective fields. Since the turn of the 20th century, positivism has de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Executive (government)
The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state. In political systems based on the separation of powers, such as the USA, government authority is distributed between several branches in order to prevent power being concentrated in the hands of a single person or group. To achieve this, each branch is subject to checks by the other two; in general, the role of the Legislature is to pass laws, which are then enforced by the Executive, and interpreted by the Judiciary. The Executive can be also be the source of certain types of law, such as a decree or executive order. In those that use fusion of powers, typically Parliamentary systems, the Executive forms the government and its members generally belong to the political party that controls the legislature or "Parliament". Since the Executive requires the suppor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clemency
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction. Pardons can be granted in many countries when individuals are deemed to have demonstrated that they have "paid their debt to society", or are otherwise considered to be deserving of them. In some jurisdictions of some nations, accepting a pardon may ''implicitly'' constitute an admission of guilt; the offer is refused in some cases. Cases of wrongful conviction are in recent times more often dealt with by appeal rather than by pardon; however, a pardon is sometimes offered when innocence is undisputed in order to avoid the costs that are associated with a retrial. Clemency plays a critical role when capital punishment exists in a jurisdiction. Pardons are sometimes seen as a mechanism for combating corruption, allowing a parti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commutation Of Sentence
In law, a commutation is the substitution of a lesser penalty for that given after a conviction In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of " not proven", which is cons ... for a crime. The penalty can be lessened in severity, in duration, or both. Unlike most pardons by government and overturning by the court (a full overturning is equal to an acquittal), a commutation does not affect the status of a defendant's underlying criminal conviction. Although the concept of commutation may be used to broadly describe the substitution of a lesser criminal penalty for the original sentence, some jurisdictions have historically used the term only for the substitution of a sentence of a different character than was originally imposed by the court. For example, the substitution of a sentence of parole for the origin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Death By Hanging
Hanging is the suspension of a person by a noose or ligature around the neck.Oxford English Dictionary, 2nd ed. Hanging as method of execution is unknown, as method of suicide from 1325. The ''Oxford English Dictionary'' states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain "hanging". Hanging has been a common method of capital punishment since medieval times, and is the primary execution method in numerous countries and regions. The first known account of execution by hanging was in Homer's ''Odyssey'' (Book XXII). In this specialised meaning of the common word ''hang'', the past and past participle is ''hanged'' instead of ''hung''. Hanging is a common method of suicide in which a person applies a ligature to the neck and brings about unconsciousness and then death by suspension or partial suspension. Methods of judicial hanging Ther ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mandatory Sentencing
Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and/or violent crimes, and require a prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws. Mandatory sentencing laws often target "moral vices" (such as alcohol, sex, drugs) and crimes that threaten a person's livelihood. The idea is that there are some crimes that are so heinous, there is no way to accept the offender back into the general population ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Special Verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales, a coroner's findings used to be called verdicts but are, since 2009, called conclusions (see ). Etymology The term "verdict", from the Latin ''veredictum'', literally means "to say the truth" and is derived from Middle English ''verdit'', from Anglo-Norman: a compound of ''ver'' ("true", from the Latin ''vērus'') and ''dit'' ("speech", from the Latin ''dictum'', the neuter past participle of ''dīcere'', to say). Criminal law In a criminal case, the verdict, which may be either "not guilty" or "guilty"—except in Scotland where the verdict of "not proven" is also available—is handed down by the jury. Different counts in the same case may have different verdicts. A verdict of guilty in a criminal case is generally followed by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dice
Dice (singular die or dice) are small, throwable objects with marked sides that can rest in multiple positions. They are used for generating random values, commonly as part of tabletop games, including dice games, board games, role-playing games, and games of chance. A traditional die is a cube with each of its six faces marked with a different number of dots ( pips) from one to six. When thrown or rolled, the die comes to rest showing a random integer from one to six on its upper surface, with each value being equally likely. Dice may also have polyhedral or irregular shapes, may have faces marked with numerals or symbols instead of pips and may have their numbers carved out from the material of the dice instead of marked on it. Loaded dice are designed to favor some results over others for cheating or entertainment. History Dice have been used since before recorded history, and it is uncertain where they originated. It is theorized that dice developed from the practice ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sortition
In governance, sortition (also known as selection by lottery, selection by lot, allotment, demarchy, stochocracy, aleatoric democracy, democratic lottery, and lottocracy) is the selection of political officials as a random sample from a larger pool of candidates. The system intends to ensure that all competent and interested parties have an equal chance of holding public office. It also minimizes factionalism, since there would be no point making promises to win over key constituencies if one was to be chosen by lot, while elections An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold Public administration, public office. Elections have been the usual mechanism by which modern representative ..., by contrast, foster it. In ancient Athenian democracy, sortition was the traditional and primary method for appointing political officials, and its use was regarded as a principal characteristic of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Two Red Dice 01
2 (two) is a number, numeral (linguistics), numeral and numerical digit, digit. It is the natural number following 1 and preceding 3. It is the smallest and only even prime number. Because it forms the basis of a Dualistic cosmology, duality, it has Religion, religious and Spirituality, spiritual significance in many Culture, cultures. Evolution Arabic digit The digit used in the modern Western world to represent the number 2 traces its roots back to the Indic Brahmic script, where "2" was written as two horizontal lines. The modern Chinese written language, Chinese and Japanese writing system, Japanese languages (and Korean Hanja) still use this method. The Gupta script rotated the two lines 45 degrees, making them diagonal. The top line was sometimes also shortened and had its bottom end curve towards the center of the bottom line. In the Devanagari, Nagari script, the top line was written more like a curve connecting to the bottom line. In the Arabic Ghubār numerals, G ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Process Theory
A process theory is a system of ideas that explains how an entity changes and develops. Process theories are often contrasted with variance theories, that is, systems of ideas that explain the variance in a dependent variable based on one or more independent variables. While process theories focus on how something happens, variance theories focus on why something happens. Examples of process theories include evolution by natural selection, continental drift and the nitrogen cycle. Process theory archetypes Process theories come in four common archetypes. Evolutionary process theories explain change in a population through variation, selection and retention—much like biological evolution. In a dialectic process theory, “stability and change are explained by reference to the balance of power between opposing entities” (p. 517). In a teleological process theory, an agent “constructs an envisioned end state, takes action to reach it and monitors the progress” (p. 51 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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