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International legal theory Essay Topics & Paper Examples

The Case of the Speluncean Explorers

The case of the Speluncean explorers The purpose of this essay is to critically analyse one of the five judgments in the case of the Speluncean explorers. There will be three main parts to this essay. First, five key aspects that were evident in the Judge’s decision making process will be summarised. Second, fundamental aspects of legal positivism will be identified and described. Finally, a critique of legal positivism will be provided utilising two main concepts from this theoretical perspective. Chief Justice Truepenny’s decision making process will now be summarised. Trupenny used the following key aspects to make a decision on his judgement on the Case of the Speluncean Explorers. All judges must follow Laws of Commonwealth, which are set…