A COMMENTARY ON R. v. DUDLEY AND STEPHENS GLANVILLE WILLIAMS* One of the most widely discussed of all criminal cases is R. v. Dudley and Stephens.' Change ), You are commenting using your Facebook account. There were three men and … There is no situation so dire (excluding warfare and self-defense) to warrant the voluntary taking of another human being’s life. However, the court’s decision was taken as per law which is very distant from morality. Enter your email address to follow this blog and receive notifications of new posts by email. Free will is considered as having the ability to choose a course of action solely based on one’s character. Is it to be strength, or intellect or what? The case brings forth the beastly side of human nature and shows how it is triggered when faced with helplessness and proximity to death. “Although the legal verdict was made as per the law but mercy was granted per morality because it wasn’t the case where prisoners had to regret for their situation.”, नयाँ ऐनको कार्यान्वयनसंगै थपिएको दुविधा र फैलिएको भ्रम, https://www.casebriefs.com/blog/law/criminal-law/criminal-law-keyed-to-kadish/the-justification-of-punishment/regina-v-dudley-and-stephens/>, http://www.e-lawresources.co.uk/cases/R-v-Dudley-and-Stephens.php>, http://www.invispress.com/law/criminal/dudley.html>. Relate your answer to one or more of the following ethical theories: Aristotelian ethics, Hobbesian ethics, Utilitarianism, or Kantian ethics. Change ), You are commenting using your Twitter account. 7. 273 (1884) LORD COLERIDGE, C J. As all three were adults and had more conscience than that of a young boy, they could have decided more reasonably. R v Dudley and Stephens (1884) 14 QBD 273. The boat drifted in the ocean and was considered to be more than one thousand miles from land. The case of Regina v. Dudley and Stephens decided in 1884 is one of the most talked cases in the history regarding the relation between law and morality. Moral and ethical issues In the case of the Queen v. Dudley and Stephens, there were several moral and ethical issues. By viewing the world as a somewhat heterogeneous ball of matter, determinism is concludes that all interactions and decisions (human or otherwise) are inevitable consequences of everything that happened before. They had been stranded for 18 days. They were forced to abandon their ship and were stranded in a small emergency boat with two others including a young cabin boy. This is where law and morals conflicted. Stephens thought cannibalism was disturbing but it was the only solution they had for survival whereas Brooks refused to agree for the idea. By clicking Send Me The Sample you agree on the, Victorian Era Morality in a Film Heat and Dust, Humans develop their thinking about morality over years They do it, Analyse how ‘Brave New World’ uses the themes of control, morality and individuality to change the way we think about society, The Morality Of Antigone As A Tragic Hero, The Compatibility of Free Will and Determinism, Ask Writer For Nor is this to be regretted. It is still a case of dilemma however; the verdict is justifiable for me. Jeremy Bentham was an English philosopher and political radical. Thomas Dudley, Edward Stephens, Brooks, and a young English boy were stranded on a boat at sea. Change ). While it is true that all of the crew members would most certainly have died if Parker had not been slain, that is still not enough reason to have permitted the murder. The Dudley and Stephens case can be summarized as follows. 1. Our society functions on certain base principles, one of them being that there are some things which are forbidden, that particular actions or measures can never be correct due to their nature. Even if the boy had been consulted on the matter and he had subsequently granted his consent, the act of murder still cannot be justified. Get a verified writer to help you with Morality In “Queen Vs. Dudley And Stephens”.