The Mystery of the Cave

The Case of the Speluncean Explorers:Nine New Opinions

★2020 Newly Revised and Reprinted★Selected as a Must-Read Book for Humanities Major Universities★Selected for the Get Daily Listening Book • Treasures of the Museum Series★Eight-Minute Commentary by Liang Wendao★Recommended Books by Luoji Siwei★Radio Commentary by Zhan Qingyun, PhD in Law from Harvard University and Debate Master of Qipa Shuo★A Classic Thought Experiment That Inspires Insight, an Excellent General Education Reader▶Editor's Recommendation◎The greatest legal fiction in history, unmatched in its legal depth and critical sensitivity. It is considered a "classic of jurisprudence" and an "extraordinary intellectual achievement."
This book is a must-read for law students. The author crystallizes the conflicts between important legal principles and uses them to illustrate the perspectives of various schools of legal philosophy. This book is an excellent general education textbook that stimulates critical thinking. Following the rigorous and professional arguments of fourteen judges, readers can savor the fascinating and profound reflections and cultivate legal literacy suitable for a society ruled by law. ▶ Media Recommendation: This is a thought-provoking book, an original piece of legal theory. Although the case serving as the background for the discussion is fictional and the judges' opinions are fabricated, the questions raised and considered by the author are real and profound. Rigorous legal reasoning, open and rational debate, open dialogue, and a constant pursuit of justice are essential. Maintaining these qualities and abilities will ensure that while we may not easily achieve justice, our hope of approaching it will never be lost in darkness.
Liang Zhiping, renowned legal scholar Sabot's addition to this classic case is timely, substantially expanding Fuller's original work. Sabot's argument is clear and concise, accurately identifying issues that Fuller failed to discuss.
—Craig Deka, Northern Illinois University This book does have its place in a legal theory course and will be very useful in teaching.
—Sandra E. Marshall, University of Stirling This book is for those who are not keen on labeling ideas or hunting for fantasies, but are interested in serious and meaningful argument.
——Saber (author)
...A very classic thought experiment...I recommend that everyone who is interested in law should read this book.
——Leung Man-tao, "Eight Minutes of Reading"
The Spelunkers case is a hypothetical case published in 1949 by American legal theorist Fuller: Five explorers trapped in a cave are forced to share food among one of them to survive. The person chosen by lot is Whitmore, who originally proposed the idea but reneged on it before it was implemented. The four rescued were charged with murder and sentenced to death by hanging by the trial court. Fuller fabricated the opinions of the five justices of the Court of Appeal, incorporating the views of various schools of legal philosophy of the time. In 1998, Suber wrote nine new opinions on the case, incorporating new developments in 20th-century legal philosophy.
Fuller's cases are ingeniously designed, allowing for multifaceted arguments and thus becoming a platform for a variety of viewpoints to engage. The cases themselves, along with the fictional judges' speeches, have become essential reading for beginners exploring important legal principles, and the book is also highly regarded as an excellent general education text that stimulates critical thinking.

2020-09-01

九州出版社

the new wave

208

9787510891779