洞穴奇案的十四種判決

出版时间：2006  出版社：商務印書館(香港)有限公司  作者：薩伯(Peter Suber)  译者：陳福勇,張世泰  
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内容概要

Lon Fuller?s Case of the Speluncean Exp/ ~rers is the greatest fictitious legal case of all
time. That is saying a lot, for it has some stiff competition. While its competitors
may outdo it in courtroom drama, character development, or investigative
suspense, none matches it in legal depth or dialectical agility It shows not what
makes some lawyer?s caseload interesting, but what makes law itself interesting. It
would not make a good movie; it is all ?talking heads.? In fact, the parts that
would make a good movie - the events within the cave - are over and done with
by the time Fuller begins his piece. Moreover, these events are not depicted with
cinematic vivacity, but described after the fact with judicial precision and bland-
ness.
Fuller?s live Supreme Court justices tranquilly but rigorously show the
complexity of the facts and the flexibility of legal reasoning. The live opinions
focus on different factual details and legal precedents, and lit them into different
background structures of legal and political principle. By these means Fuller
crystallizes important conflicts of principle and illustrates the major schools of
legal 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 intellectual
accomplishment.?*
Although only half a century separates us from the date of Fuller?s essay, the
legal 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 explore
important issues of principle and in the process to bring the depiction of legal
philosophy 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=9
Copyright ? 1998.  Routledge.  All rights reserved.
Preface
Introduction	1
Pt. I	Lon Fuller's Case of the Speluncean Explorers	5
Opinion of Chief Justice Truepenny	7
Opinion of Justice Foster	10
Opinion of Justice Tatting	15
Opinion of Justice Keen	20
Opinion of Justice Handy	25
Opinion of Justice Tatting	31
Postscript	32
Pt. II	Nine New Opinions	33
Opinion of Chief Justice Burnham	35
Opinion of Justice Springham	45
Opinion of Justice Tally	57
Opinion of Justice Hellen	64
Opinion of Justice Trumpet	73
Opinion of Justice Goad	79
Opinion of Justice Frank	89
Opinion of Justice Reckon	91
Opinion of Justice Bond	99
Index	108