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Book Club | Appreciate the Greatest Legal Fiction Case in History
Time:2024-05-07   Cilck:542

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First, share for the seventh session of the book club

Cave Mysteries

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Introduction

The seventh session of the book sharing session was held on July 26th. In this session, Lawyer He Jiazi shared with you the famous virtual case in the legal field, "Cave Mysteries," which was completed by 20th century jurist Fuller and 1998 jurist Saber. This book is a must-have list of introductory legal classics, as well as a high scoring example in Harvard's open courses. It also includes fourteen viewpoints from two authors, vividly reflecting the legal philosophy of various schools of thought in the 20th century.

Appreciation of Works

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  This book is a continuation of the "greatest legal fiction in history" proposed by American 20th century legal philosopher Fuller, by legal scholar Saber. Five cave explorers are trapped in a cave, running out of water and food; In order to survive, everyone agreed to draw lots to eat one person and sacrifice one to save the other four people. Whitmore was the proposer of this plan, but he withdrew his opinion before the draw, while the other four insisted on it. As a result, Whitmore happened to be drawn. After being rescued, these four people were charged with murder. After proposing the reasoning and conclusions of the five Supreme Court justices, Saber continued to discuss and added the reasoning and exploration of the other nine justices.

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  Lawyer He Jiazi combines different perspectives in this book to explore the purpose of the law and share his insights on this book, from the perspectives of respecting legal provisions, exploring the legislative spirit, the relationship and influence between law and morality, maintaining the rule of law tradition, and the common sense of ordinary people. In the three different types of judgments (guilty, innocent, recusal), there are various legal debates regarding natural law, substantive law, legislative motives and purposes, natural states and constraints on civilization, and the determination of emergency avoidance and legitimate defense.

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  This book is not only a fable like classic literature in the field of legal philosophy, but also an ideal reading material for interdisciplinary general education in universities. It is like a feast of legal philosophy, allowing all attending lawyers to break free from the formalism of law, savor exciting and profound thinking, strengthen their legal literacy, and constantly reflect on the true purpose and social significance of law.


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