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your reading assignment included Lon Fuller's famous law review article "The Case of the Speluncean Explorers." In Chapter 1 of your textbook, you also read a brief overview of jurisprudence, or legal philosophy. The textbook discussed different approaches to legal reasoning, including natural law theory, positivism, and legal realism. For your discussion board assignment, please comment on at least one of the following questions (feel free to address more than one if you wish):
Which judges' opinions in the "Speluncean Explorers" article would you classify as taking a natural law, positivist, or legal realist approach? Explain your answers using specific examples from the article. If you said that two judges took the same approach, compare and contrast their opinions.
Which judge's reasoning did you find the most persuasive and why?
Which approach to jurisprudence do you find the most persuasive and why?
What do you think that law is? Don't define law based on the textbook definition; think more broadly about what you perceive the law to be and what you think about when you think of law. What do you think the goals of the law should be? Can you relate these questions to the differences in the judges' approaches in the "Speluncean Explorers" case?
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