The confusion of the "cave strange case" and the legal person
August 18, 2023 10:38 Source: "China Social Sciences", August 18, 2023, Issue 2716, Author: Huang Tao

  French philosopher Lon L. Fuller Fictional Case Case,This case has aroused great interest from the legal person。After that, Peter Suber is based on Fuller,Expand this virtual case,Edited into a book entitled "Caves Case"。The book tells the story of the five cave explorers of Newcastle State,They encountered a landslide when they explored the cave,Instead of being trapped,Fortunately, they filed their own position from the association in advance,Rescue work starts。But rescue difficulties,Even if there are professional guidance,There is no lack of rescue tools,Still not successful,and pay a heavy price,There are ten rescuers sacrificed。Rescue work lasted for more than a month,The food brought by the explorer has been eaten light,There is nothing to eat in the hole。The good news is,Cave explorers have good communication equipment,The trapped person can keep in touch with outside the cave,But that's just that,Because it is impossible to transport food at all。Although the rescue is continuing,But successful rescue takes at least ten days。But the trapped person cannot live to the tenth day,These two important times are not based on speculation,A scientific conclusion given by professionals,Obviously,The trapped person can only wait for death。
  

  

  

  

  "Pain Cave" is James Tissot's symbolic -style religious painting theme Bet365 lotto review works created by James Tissot in 1886-1894,The current work is kept by the Brooklyn Museum。Information pictures
 
  

  This is the first part of the cave strange case,From this part,,Not a trapped person to make a decision,but under the command of the expert,Here,No other possibilities,Experts have sentenced the situation of the trapped person: This is a must -dead situation。Modern society dominated by expert knowledge,There are many situations like this,For example, it is announced that a patient has been alive for ten days,or announced that according to existing resources,Unable to respond to the next crisis。Cave explorers accepted expert opinions,They fully realize: It is expected that there will be only waiting for death.,It is impossible to have miracles here。

The trapped people obviously do not want to succumb to death like this,To avoid external intervention,They turned off the communication,and in -depth discussion,After eight hours,One of the trapped people Witmore on behalf of all the trapped people asked a question: if you eat one of them flesh,Can you live for another ten days? For this question,Medical experts gave a positive reply。Here,Experts obviously have not provided any other alternative living methods for the trapped people。Then,The trapped person asked three questions: first,Can who should be eaten by drawing? second,Is there any judge or other officials in the rescue group that can answer this question? third,Is there a priest or a priest willing to answer the above questions?

bet365 live casino games ​​essentially,The first question involves whether it can decide to eat a person through democratic procedures。The draw is the most primitive and most basic democratic program,It is considered the most fair。Because here,Not a person who makes judgments,but the power that a kind of person does not know。Actually,They finally adopted a way to roll the dice。According to Fuller's lecture,They have repeatedly discussed,To ensure fairness。The second question involves whether the law can provide one person to preserve the lives of others。The third question can even be expanded,That is, not only ask the priest or priest,You can also get to politicians、Scholars or philosophers to ask questions。The context after this expansion is politics、The context of legal and morality。The problem of the trapped person becomes: from politics、Starting from the perspective of law and morality,Is eating a person legitimate?

Unfortunately,None of the three questions raised by the trapped people were answered。Is it unwilling to,Or no one can answer? In the discussion of this case,No one has analyzed this problem。This is surprising,Because if this happens in a normal society outside the cave,Pressing at all will not become a problem。But experts, especially jurists, clearly feel a deep confusion here,They all chose to silence。Since this is the case,Why when the trapped person gets out of the predicament,Law scholars are so chosen,It seems that the truth is holding? Whether it is the ending of Fuller's fiction,Is the ending bet365 Play online games of Subell Fiction,Four rescued explorers were finally strangled。Is the reason why the jurists silent when the trapped people are silent,Is it to give a conflict referee in the end?

Actually,In Fuller and Sabber's virtual judges,You can also see a kind of confusion: Most judges think,In this case,Eat one person and is different from the murder of others,Even those who have punished it from the law,I also expressed a kind of forgiveness in private。This fictional case is confusing in,Why do people eat people's unspoken behavior in human history,Just becoming a problem here? In human history,People who eat people are not only politics、Law and moral improper,Even people will have a physiological dislike。But,Politics、Law and moral experts actually gave up the answer to this question。If there are experts here a negative answer,Will there be different endings? This ending may be,The trapped person knows the offender,I still ate one of them for self -security。It is also possible,Such a solution is denied,They have to find other ways of outbound by the experts,So etc.。But I believe that the most thought of the experts who can think of the most: the rescue team found the trapped person ten days later,It's just five corpses。

The reason why experts are confused,Basically because I dare not give the answer。Because once you give a certain answer,They indulge the death of one of them,If you give a negative answer,It may lead to the death of five people。This is exactly the same as the "Tram Difficulty"。In this sense,The judges in Fuller and Subberry are "Zhuge Bet365 lotto review afterwards"。They soberly realize,This is the exception state of human life,In this state,It may be legitimate。It seems to express a Hart -style natural law belief behind this,That is, self -preservation is a kind of "natural inevitability",So,It is also a natural inevitable to eat others to keep others preserving yourself。Self -preservation is the basis of legal and moral,They cannot give any negative evaluation。It's just that this evaluation conflicts with the concept of morality and justice generally pursued by human society,The latter is also unwilling to deny。They want the beauty of both all,Therefore, I dare not assume the responsibility for answers。

In this virtual case,Law knowledge is actually shelved (according to Fuller's virtual,Almost all human expert knowledge is put on hold here)。This makes the cave strange case a non -human situation。But,How can I handle a non -human situation to the legal person to take care of it? in this sense,The Caves Case itself is a great irony to the experts: they are often after others are in an exceptional state,Zhuge’s decision after doing things。And those judges should be given as an expert to give it to the trapped person to give。The question is: Since they could not give a certain answer before,Why can I give a certain answer afterwards?

Earlier research always pays attention to which school of legal theory is behind the words。But what is really interesting is just not in the judge's words,Instead, you should think about the limitations of expert knowledge in the exceptional state。Whenever law experts discuss Bet365 lotto review an exceptional state,Both should return to this case of Fuller Fit,See you when you are really exceptional status,How can I give a certain answer,These answers are not used for evaluation,Instead, it is used to guide the specific life of human beings。The trapped people in the cave certainly cannot argue and reflect on it,They have to make a choice as soon as possible: Eat one person to keep themselves,Still find another road,Or calm on the ground。

Fuller's fictional case actually reflects a kind of delirium of legal experts,They try to provide a solution to the trapped persons in the legal framework,Try to make human self -preservation rights and the pursuit of justice,Try to use rational regulations on human rights and obligations in the exceptional state。In this respect,Fuller is weird to give the theologian strangely、Revilled by a priest and moral scientists,It is determined that they cannot give answers,But,Perhaps they can admit frankly: This exception state is that human rationality is too late,It is often a moment of miracle。People do not listen to the guidance of experts,Instead of listening to the guidance of life itself。Imagine,If here,The voice of the experts is not the last sound,Here,There is a love for compatriots,The sound of conscience in the heart of the trapped person,So,They will not choose a seemingly scientific democratic program to determine who should be killed,They will have completely different choices。Although we don’t know what this choice is,But what you can think of is,This choice must have Bet365 lotto review nothing to do with legal and illegal,On the contrary,They will provide a new way to face the exceptional state,So as to give birth to a new state of human rights and obligations,The foundation of this right and obligation is of course not human law,but the method of conscience。

  (Author is an associate professor at the Department of Philosophy of Sun Yat -sen University)

Editor in charge: Cui Bohan
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