The Case of Speluncean Explorers

The Case of Speluncean Explorers

 Consider the facts in the following short story about cannibalism among a group of cave (speluncean) explorers caught in a life-threatening situation in the Commonwealth of Newgarth. The story is adapted from a fictitious law case created by legal philosopher Lon Fuller (1949, excerpted in Schur, 1968: 19-20). Although The Case of Speluncean Explorers is fictitious, it is probably based on an actual case of cannibalism at sea in 1884 and on the bizarre trial that resulted from it in England. 

Five members of an amateur cave-exploring society were trapped inside a deep and isolated cave following a landslide. After some time, through the efforts of relatives and the cave-exploring society, rescuers located the cave only to encounter repeated obstacles to removing the trapped men. At great monetary expense and the cost of 10 rescuers lives (in a subsequent landslide), the rescue operation finally succeeded 32 days after the men entered the cave. 

On the 20th day, communication between the rescuers and the trapped explorers had been established, when it was discovered that the latter had with them a radio transmitter-receiver. At that time, the trapped men asked for medical advice as to whether they could live without food (there was none in the cave) for the time engineers had determined would be required to rescue them. A physicians committee at the rescue site stated that they could not. 

When the trapped men later inquired if they could survive by consuming the flesh of one of their members, the reply (reluctant) was in the affirmative. But the explorers could get no guidance at all (from the physicians or from any clergyman or judge) when they went on to ask about the advisability of casting lots to determine who should be killed an eaten.

When the men were finally released, the rescuers learned that on the 23rd day one of them, Whetmore, had been killed and eaten by the other four. Although originally it had been Whetmores idea (at first resisted by his companions) that such an act might be necessary for survival and also that a casting of lots would be the fairest means of selection, just before the dice were cast, Whetmore changed his mind. His companions disallowed this sudden switch, however, and cast the dice for him, after obtaining his agreement that this procedure was fair; he lost and was put to death and eaten by the others. 

After they had recuperated, the four survivors were charged with Whetmores murder. 

Having read the facts in the story, you should also know that Newgarth law commands, Whoever shall willfully take the life of another shall be punished by death. In this case, the defendants were charged with the crime of murder, convicted, and sentenced to death.

ANSWER THE QUESTIONS BELOW BASED ON THE READING.

Questions

Assume the defendants appealed the verdict and the sentence. Assume you are a member of the appeals court. How would you decide the appeal are the defendants guilty of murder? What defense is available to them, if any?
How would the story unfold if females are members of the cave explorers? If the group has three males and two females, would members still cast a dice to determine who should be sacrificed? Would they bypass the cast and eat one of the females? Would the three guys decide among themselves who should die and let the women live?