JUST NEED QUESTION ANSWERED”2-7 Three men are trapped in a cave with no hope of rescue and no food. They roll dice to determine who will be killed and eaten by the others so that some may survive. The two survivors are unexpectedly rescued 10 days later and tried for murder. Judge A finds them guilty, saying that the unjustifiable killing of another is against the homicide laws of State X. He bases his decision solely on statutory law and case precedents interpreting the law. To which school of legal thought does Judge A belong? Explain.”
The school of legal thought Judge A belongs in would be Positivist school. According to the reading positivisim law is the expression of the will of the legislator or sovereign, which must be followed; It also continued to state that morals are separated from law and should not be considered in making legal decisions. In this case the judge doesent take all factors into consideration. Despite the 3 men all agreeing to rolling a dice to determine who will be killed and eaten for survival, Judge A uses doctrinarism by following statuary and civil law with the immorality of murder committed by both surviviors.
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