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  • Essay / The hypothetical case of the Speleuncean explorers, by Lon...

    Keen asserts that all four accused are guilty. He criticizes Chief Justice Truepenny's decision to formally encourage the executive to grant clemency. Keen says the judge's role was not to tell the executive what to do, but to express his opinion as a private citizen. Our role, as a judge, is to apply the law, which most certainly applies on its own terms to this case and not to know whether the actions of these men were "just" or "good", "bad". or “good,” or whether the law is good or bad policy. A judge should not apply concepts of morality, but the law of the land. Keen argues that it is false to say the defendants were acting in self-defense because Whetmore did not threaten their lives. He emphasizes “a separation between law and morality, believing that “the law” required a guilty verdict even if its own morality would lead to a different result” (D'Amato, 2010). He adds: “a difficult decision is never a popular decision.” A tough decision in this case is probably a good thing because it forces lawmakers to reconsider the law. He declares that it is up to the people to remind Parliament of their error and not the judiciary (Jitani,