(Moderation) Does Chief Justice Truepenny Invoke? Tatting? Foster?

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1. Which theory (moralism, legalism, historicism or moderation) does Chief Justice Truepenny invoke? Foster? Tatting? Keen? Handy? Justify your answers. Truepenny Truepenny in his response represents the theory of legalism. He cites the law is black and white in this matter. He backs his theory by stating “Whoever shall willfully take the life of another shall be punished by death." N. C. S. A. (N. S.) § 12-A.” He seems to understand that the situation was one of dire circumstance, but deviation from the law would cause more harm than good. He takes his position as a legal superior very serious and understands that if he changes the ruling on the case that it would undermine all the hard work the lower courts put forth. Foster Foster looks at all the facts and takes the case as a personal decision. Ruling…show more content…
Do I go with my personal feelings and look at the moral dilemma that was before the explorers? What would I do if I were in a similar situation? What does the law state, is there any room for negotiation? Would I willing to set a legal precedent that will open a door for other cases to have the same outcome? If by making the decision will the outcome force others to break the law causing social chaos? I am inclined to look at the only statement that stood out to me. Whetmore withdrew himself before the dice were tossed. This was a game of Russian roulette for me. The others attacked Whetmore after his loss, ultimately murdering him. Had one of the explorers dies of natural causes and then they were consumed I would be willing to rule another way. That unfortunately is not the case here. They murdered an individual for their gain, to save their lives. Not because Whetmore was attacking them, but because they would die without the nutrients. This clearly to me is murder. They took a life; this is what the law

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