1.The Speluncean case provides examples of how judges apply theory to Judicial decision making. Which judgement in the Speluncean case sits closely with how you would decide the case based on the facts in Speluncean and why?
2.This semester you have learnt many legal theories and approaches including: utilitarianism, liberalism, legal formalism, legal realism, natural law and legal positivism. Can you identify any of these theories or approaches in the individual decisions of the Judges in the Speluncean case? Look at each individual judgement and provide a theory(s) and give reasons for why you think each judge is impacted by that particular theory.
3.What would each of the Judges of the Speluncean case have said about Dudley v Stevens and the German case of Miewes?
4.Choose a legal theorist we have studied in our course. Provide an analysis of how the theorist you have chosen considers the relationship between law and Justice?
5.In your studies this semester what legal theory (s) and or theorist(s) do you most feel aligned with? Why? Provide reasons for your answer.
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