Reference no: EM132164360

Question: Consider the following fact pattern. Discuss how the following situation might be viewed under the philosophy of :

1. Legal Realism

2. Legal Positivist

3. Legal Naturalist

What verdict do you think that these groups might arrive at? Please write at least one paragraph for each group.

Also, write at least one paragraph and tell me what you think is the proper verdict and why. (hint: there is no wrong answer for this last part).

Fact pattern: An ocean liner is struck by an iceberg and sinks while crossing the Atlantic. Unfortunately, there are no nearby ships that can come quickly to the rescue. Many people are floundering in the freezing water and it is clear that anyone in the water will not survive for long. A life boat is filled to the point of sinking with survivors. Others swim to the lifeboat, hoping to climb aboard. It is clear that the boat is about to be capsized and all will be thrown to the icy water.

One of the passengers in the boat is named Holmes. As the crowd of panicked swimmers begin to converge on the boat, he begins to fight them off. He forcefully pushes several of the swimmers, who have half-pulled themselves in the boat, to be pushed back into the water. Finally, as it appears that he will not be able to hold them off, he produces a pistol and shoots several shots into swimmers who are continuing to hangon and endangering the boat of its ability to stay afloat. After he runs out of bullets, he takes an oar and strikes several of the most persistent hanger-oners over the head, killing or seriously injuring them. After the lifeboat is out of danger of being capsized by the swimmers, it continues to be threatened by the overcrowding that exists. In addition, the sea becomes choppy and the lifeboat gets swamped with water with every wave that strikes the boat. The passengers are continually bailing out the water, but as the sea gets rougher, it becomes clear that they have at least five passengers too many and they are all in danger of floundering at the moment. Mr. Holmes begins to throw passengers over board. He does not discriminate and merely ejects the nearest five passengers next to him. A derelict of 75 years of age is saved, while a concert violinist is thrown overboard to his death. Five passengers are ejected, in this fashion, until the boast regains its stability.

After the lifeboat occupants are rescued, Mr. Holmes is arrested and tried for murder. Several of the passengers testify on his behalf, swearing that all would have died if he had not acted the way he did.