Figure 1 cave mystery
I. Case review
The composition of the case itself is not complicated, and the author Saber (Peter
Sube) made up a case of cannibalism. A five-member expedition was trapped in a cave because of a landslide and could not be rescued in a short time. In order to survive, one of the players, A, proposed to eat a person by drawing lots to maintain his life. Just before the draw, player A withdrew his opinion, and the other four still insisted on drawing lots and drew player A as the victim. Four rescued people were sentenced to hang for murder. Later, the author fabricated the Supreme Court's judgment and appealed to five judges. Under the discussion of these judges wearing black robes and wigs, 14 different opinions appeared.
Figure 2 Case review
Second, the case analysis
People often have two contradictory feelings about the law. On the one hand, people want it to be objective and neutral and not influenced by public opinion. On the other hand, people think that the law serves people and should listen to the opinions of the society and repair it in time.
In the book, the judge analyzes the case from all angles and has various answers. For example, life is above everything else. Are these people alive legally? Who has priority in eating others for his own life, self-protection and intentional injury, and so on. In order to clarify the logical relationship, Bian Xiao specially made a mind map with iMindMap for everyone to understand.
Figure 3 Case study
From the moral and legal point of view of Judge Tang Ding in the article, hunger cannot be a reason to steal food, but how can it be a reason to kill and eat it? I'm not sure whether a person can starve to death in order to avoid being imprisoned for stealing a piece of bread. If the survivors of the expedition knew that their actions would be regarded as "murderers" by law, they would probably wait a few more days before carrying out the killing plan. During that time, the rescue operation is likely to succeed; However, Judge Tang Ding believes that identifying their behavior as murder can only delay their actions to a certain extent, but it cannot be eliminated. Therefore, Judge Tang Ding is more inclined to convict!
The fourteen viewpoints in the book are essentially the collision of legal thoughts of various western schools. After making clear the opinions of the judges through iMindMap, Bian Xiao felt that the definition of human nature should not be taken lightly.
At the same time, Bian Xiao also hopes that everyone can put forward the opinionNo. 15 through their own independent thinking! If you have a different point of view, you can put it forward in iMindMap and make a mind map to discuss with your friends. At the same time, there are many templates in iMindMap waiting for you to participate in logical thinking.
Fig. 4iMindMap software interface
Third, my reading notes.
Law, morality, justice and human feelings have been puzzling ancient and modern philosophers for thousands of years. Saber's classic book reflects the main ideological trend of contemporary law through a virtual case, and brings complex and profound legal philosophy out of ancient and modern legal problems with simple words. This is a must-read book for anyone interested in legal research.
Although there is a considerable gap between American law and China law, the mystery of caves is easier to understand and more attractive to ordinary readers than legal provisions. This book is an excellent law textbook for the general public and legal professionals.
The above are reading notes made by Bian Xiao with mind map. Is it easy to understand? Mind Map iMindMap There are many practical tutorials on Chinese official website, so you can go and have a look.