Presentation on theme: "(1) Legal Reasoning (2) Case study: R v Dudley & Stephens"— Presentation transcript:
1 (1) Legal Reasoning(2) Case study: R v Dudley & Stephens(3) Case study: Re A (Conjoined Twins)
2 Legal Reasoning (Pt. 1) Step 1: Study the facts Consequences of addition or elimination of a factFind out more / ask questionsE.g. time of the day, whetherProtective goggles example
3 Legal Reasoning (Pt. 2) Step 2: Identify the issues Legal rules Exceptions to the legal rulesAuthority of the rules?Moral/ethical considerationsPublic policy
4 Legal Reasoning (Pt. 3) Step 3: Research Precedents Custom and practicesStep 4: Analysis / Ask questionsStep 5: Conclusion
5 R v Dudley & Stephens The Facts (Pt. 1) 19th May 1884A ship set sail from Southampton, England to Sydney, AustraliaFour crew members:Dudley (Captain)StephensBrooksParker (Cabin boy)Bad weather – ship sunk
6 R v Dudley & Stephens The Facts (Pt. 2) Stranded on lifeboat for 12 daysLimited rations and provisionsDecided to kill ParkerFed on his body for 4 daysLater the remaining crew were saved, but were charged with murder
7 R v Dudley & Stephens The Issues (Pt. 1) Moral and ethical issuesSurvivalCannabilismJesus and the Bible teachings“To preserve one's life is generally speaking a duty, but it may be the plainest and the highest duty to sacrifice it. [...] It is not correct, therefore, to say that there is any absolute or unqualified necessity to preserve one's life.”
8 R v Dudley & Stephens The Issues (Pt. 2) Naval customs and practicesRules of the seaCabin boy & Parker’s familyPolicy issuesDangerous precedent?Promotion of values
9 R v Dudley & Stephens The Issues (Pt. 3) Legal issueDefence of necessity – rejected by Lord ColeridgeDefence of consentSentencing issuesOriginal life sentencePublic opinion and discontent – 6 months
10 Re A (Conjoined Twins) The Facts (Pt. 1) Jodie and MaryConjoined by the spineJodie healthyMary’s hearts and lungsMary relies on Jodie foroxygen and blood
11 Re A (Conjoined Twins) The Facts (Pt. 2) The problem:Mary sapping strengthLife expectancy - 6 monthsThe doctor’s solution: surgeryThe problem with the solution: Jodie would survive, but Mary would definitely die
12 Re A (Conjoined Twins) The Facts (Pt. 3) The doctors asked the court for permission“Save Jodie but murder Mary. I put it starkly but that may be what you are inviting the court to do” - Lord Justice WardQuestion: Will the doctors commit murder?
13 Re A (Conjoined Twins) The Issues (Pt. 1) Moral and ethical issuesParent’s religionMedical practicesConflict of dutyLesser of two evils
14 Re A (Conjoined Twins) The Issues (Pt. 2) Policy issuesSanctity of lifeDangerous precedent?Legal issuesSelf-defenceDuress of circumstancesDefence of necessity - precedent of Dudley v StephensFinal decision: Family or Court or Doctors?