Case Respondent

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A case respondent The truths are many and the quandary, in question, is as if to make justice. Forms exist to think the right, amongst them the positive law established and limited by the State and the natural law conducted by principles and values. The book the case of explorers of cave, Fuller, presents a quandary that can provide some legal quarrels, that are at the same time acceptable, of the legal point of view, and questionable for not being consensuals. The explorers had been isolated in a cave accidentally, questioning itself if they would survive inside of it per ten days. Roger Whetmore, one of the leaders of the explorers, took the initiative to contact people who were there for rescuing them. Richard Blumenthal spoke with conviction.

Ahead of the lack of positioning of the people consulted for it religious, medical, authorities etc. the five explorers met unsafe and tense ahead of the possibility to survive. This generated positionings in the context that however they lived deeply, that is, had created a new rule to guarantee the supervened one of part of group in detriment of the sacrifice of one of them, with the death. A new reality is bred. The explorers had survived. However, they had been judged guilty by a court, who of form not consensual, condemned them it the death. The decision of justice is questionable for the fact of, according to Foster, the explorers to be acting under survival instinct, exactly having rationality in its action. In accordance with Foster – the first judge -, ' ' If, in the future, any group of people to find itself in the tragic situation who if had found the guilty ones, we can assuring in them that the decision of living or dying will not be controlled for the established one in our Penal&#039 Code; ' (2003, p.32).

In sight of this, the decision of justice raises another questioning, namely: justice is for the life or the death? However, the explorers had fought for the life, without questioning the used ways for such, stop later losing it. Therefore, this in them does not seem just, what it takes in them to think about the possibility to have some truths in the field of justice. Reference: FULLER, Lon L. The case of explorers of caves. So Paulo: University Ed. of Right, 2003.

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