洞穴奇案的十四種判決

Lon Fuller?s Case of the Speluncean Exp/ ~rers is the greatest fictitious legal case of all time. That is saying a lot, for it has some stiff competition. While its competitors may outdo it in courtroom drama, character development, or investigative suspense, none matches it in legal depth or dialectical agility It shows not what makes some lawyer?s caseload interesting, but what makes law itself interesting. It would not make a good movie; it is all ?talking heads.? In fact, the parts that would make a good movie - the events within the cave - are over and done with by the time Fuller begins his piece. Moreover, these events are not depicted with cinematic vivacity, but described after the fact with judicial precision and bland- ness. Fuller?s live Supreme Court justices tranquilly but rigorously show the complexity of the facts and the flexibility of legal reasoning. The live opinions focus on different factual details and legal precedents, and lit them into different background structures of legal and political principle. By these means Fuller crystallizes important conflicts of principle and illustrates the major schools of legal philosophy in his day. Fuller?s case has been called ?a classic in jurispru- dence,? ? a microcosm of this century?s debates,? and a ?breathtaking intellectual accomplishment.?* Although only half a century separates us from the date of Fuller?s essay, the legal landscape has changed profoundly. I have written nine new judicial opin- ions on his case, with roughly Fuller?s own objectives in view, hoping to explore important issues of principle and in the process to bring the depiction of legal philosophy up to date. While I would like to depict the major schools of legal philosophy today, giving each its due, there are a few obstacles that subtly constrain the project. Suber, Peter. Case of the Speluncean Explorers: Nine New Opinions. Florence, KY, USA: Routledge, 1998. p ix. http://site.ebrary.com/lib/cityu/Doc?id=2003075&ppg=9 Copyright ? 1998. Routledge. All rights reserved. Preface Introduction 1 Pt. I Lon Fuller's Case of the Speluncean Explorers 5 Opinion of Chief Justice Truepenny 7 Opinion of Justice Foster 10 Opinion of Justice Tatting 15 Opinion of Justice Keen 20 Opinion of Justice Handy 25 Opinion of Justice Tatting 31 Postscript 32 Pt. II Nine New Opinions 33 Opinion of Chief Justice Burnham 35 Opinion of Justice Springham 45 Opinion of Justice Tally 57 Opinion of Justice Hellen 64 Opinion of Justice Trumpet 73 Opinion of Justice Goad 79 Opinion of Justice Frank 89 Opinion of Justice Reckon 91 Opinion of Justice Bond 99 Index 108