洞穴奇案的十四種判決

作者简介

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

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