Law in Contemporary Society

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CannabalismAndTheCommonLaw-ChoiceAndUtiliarianism 4 - 22 Jan 2013 - Main.IanSullivan
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 What is intriguing about the public's admiration of Dudley and condonation of his act is the heroic role they cast him in. He is a decisive and fearless Captain who bravely saves drowning 17-year-old Portuguese runaways, fearlessly remains in the sinking yacht to retrieve supplies, and boldly beats away sharks. In this light, Dudley had "done what a man must do. Confronted by the dictates of necessity, he had risen to the occasion and steeled himself to the terrible act of killing the boy when his companions shrank from the deed. He had fulfilled a captain's role" (85). It is precisely this idea of having done what must be done that is telling of the public conception of the crime. It suggest ultimately a lack of choice. It was the dire conditions that necessitated the act - "the unparalleled extremity to which they were driven" (82). Insofar there is no genuine choice, there is no requisite mens rea. The public ultimately disagrees with Lord Coleridge that there is a higher duty to sacrifice one's life than to preserve it by taking another's.

Presumably, the killing could not be justified on utilitarian grounds of killing one to save three. It might be if there was 100% certainty that three would be saved. Not knowing if feeding on Parker would have sustained the three long enough to be rescued, the lives to the three must be discounted by the probability of being rescued in time. Given the probability of rescue was so low and perhaps the discomfort of choosing to kill without much certainty, a utilitarian calculus does not seem to explain the public's intuitive acceptance of the act.


Revision 4r4 - 22 Jan 2013 - 18:07:36 - IanSullivan
Revision 3r3 - 13 Jun 2012 - 15:16:27 - MeiqiangCui
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