Case of the speluncean explorers:nine new opinions
作者： 萨伯(Peter Suber)著;陈福勇，张世泰译
出版社：商务印书馆(香港)有限公司,2006
简介：
Lon Fuller?s Case of the Speluncean Exp/ ~rers is the greatest fictitious legal case of alltime. That is saying a lot, for it has some stiff competition. While its competitorsmay outdo it in courtroom drama, character development, or investigativesuspense, none matches it in legal depth or dialectical agility It shows not whatmakes some lawyer?s caseload interesting, but what makes law itself interesting. Itwould not make a good movie; it is all ?talking heads.? In fact, the parts thatwould make a good movie - the events within the cave - are over and done withby the time Fuller begins his piece. Moreover, these events are not depicted withcinematic vivacity, but described after the fact with judicial precision and bland-ness.Fuller?s live Supreme Court justices tranquilly but rigorously show thecomplexity of the facts and the flexibility of legal reasoning. The live opinionsfocus on different factual details and legal precedents, and lit them into differentbackground structures of legal and political principle. By these means Fullercrystallizes important conflicts of principle and illustrates the major schools oflegal 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 intellectualaccomplishment.?*Although only half a century separates us from the date of Fuller?s essay, thelegal 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 exploreimportant issues of principle and in the process to bring the depiction of legalphilosophy 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=9Copyright ? 1998. Routledge. All rights reserved.PrefaceIntroduction 1Pt. I Lon Fuller's Case of the Speluncean Explorers 5Opinion of Chief Justice Truepenny 7Opinion of Justice Foster 10Opinion of Justice Tatting 15Opinion of Justice Keen 20Opinion of Justice Handy 25Opinion of Justice Tatting 31Postscript 32Pt. II Nine New Opinions 33Opinion of Chief Justice Burnham 35Opinion of Justice Springham 45Opinion of Justice Tally 57Opinion of Justice Hellen 64Opinion of Justice Trumpet 73Opinion of Justice Goad 79Opinion of Justice Frank 89Opinion of Justice Reckon 91Opinion of Justice Bond 99Index 108
