TRACY HUMBY: PhD DISSERTATION SUPPORTING DOCUMENTS 1. LECTURE DATA LECTURE 1 001 LECTURER: Ladies and gentlemen, um we have uh Katy … Kay here 002 RESEARCH ASSISTANT: [States name] What did you say? [laughing] [states name] 003 LECTURER: [states name] uh uh and she is going to uh record our sessions uh together uh The reason why she’s doing it is because I’m so attractive uh and they want to keep it for posterity … Uh no I’m lying, one of my colleagues is doing a PhD research in um uh not sure exactly what but but she’s doing research in something to do with didactics and she needs this as a field project. So don’t worry about that, she’s just going to take the photographs or film and she will be just in the background. Tracy-Lynn Field or Humby is going to – I thought she was going to be here today – but she’ll still come and talk to you to get your permission so that they may film you as you answer the questions. So if you’ve got a great objection against that, from a legal point of view ladies and gentlemen you know you mustn’t answer questions today I suppose, as a solution. 004 OK um can I first of all before we start with the lecture just ask you to write down your name and student number on a list of paper so that I at least have a very broad outline of a class list so that I can start learning your names. Will you do … will you start that? OK. Just write your name and um your name and your student number so that I can um compile a class list. 005 OK um ladies and gentlemen we started off last week uh rather haphazardly um with the very vexing question of what is law, and just to summarize that lecture to refresh your memory we uh gave a tentative definition of law as a system of rules that organizes society. Um uh that is not a that is not a satisfactory definition uh it’s a very vague definition and we and we then moved on to say it is perhaps better to define law from what it is not than to define law in exact terms and we then looked at the difference between law and morality, law and religion and law and ethics. Do you still remember that? [A few student murmurs] OK! Well we finished with that and you must uh obviously still think uh think about that but um we’re finished with that part of the work. 006 The object of today’s lecture is to give you just a bird’s uh eye view on the different philosophies um of law, the different philosophies relating to law um and how philosophers have in the past defined law. Now uh uh hopefully by the end of this lecture you will be able to say ‘look there are five different schools of thought concerning law and I feel myself at home in uh one of these schools of thought.’ You mustn’t force yourself into it, um, there must be there must be a resonance between your own uh framework of reference and this uh school of thought. So that is that is what we’re going to try and achieve uh with this lecture and we will come back to that at the end to see how successful we were. 007 I asked you to go and read about the Spelunchean Explorers Now before we’re going to start with the formal part of the lecture, I wonder if I may call upon one of you to tell us the story and only somebody who’s really read the part … the piece that I gave to you for your homework for today must volunteer now. Um, it’s a .. I’m not trying to catch you out I’m just trying to ascertain um whether you’ve understood the narrative because I’m going to use uh the narrative in my lecture. Is there anybody that … yes? First of all [inaudible] give us your name? 008 STUDENT 1: Um, [states name]. 009 LECTURER: [state’s student’s name] Is that Scottish? 010 STUDENT 1: Yes. 011 LECTURER: Oh yes. Ok? 012 STUDENT 1: Um … 013 LECTURER: Please concentrate on the detail, you don’t you know … Ok? 014 STUDENT 1: Um its basically five explorers who have made their way to a cave and become trapped in the cave. Uh, so they launch a rescue operation in which [ten] rescue officers die trying to rescue these five men from the cave …. 015 LECTURER: Slowly, slowly slowly slowly slowly … you’re going to forget things … Ja? 016 STUDENT 1: Um … 017 LECTURER: They go into the cave, why are they launching a / I know it’s a stupid question but … 018 STUDENT 1: They’re explorers … 019 LECTURER: Huh … 020 STUDENT 1: Because they’re explorers … 021 LECTURER: Yes that’s wonderful, but why are they launching a rescue operation? [A few students say out loud ‘because they’re trapped] 022 STUDENT 1: Because they, because [looks bemused] I’m not sure why … its just a given 023 LECTURER: [Laughs falsely] They’re trapped? 024 STUDENT 1: They’re trapped. 025 LECTURER: Ja ja [class laughs]… ah that’s, you know, very logical. I know its stupid but its very important to tell people because this gentleman will not understand why they start eating one another, you know because they’re trapped. Yes? 026 STUDENT 1: Uh eventually they’re able to establish a radio connection with the people who are trapped [L: Mmm Hmm] and they ask them about their supplies and what they actually have with them and they establish it will take about ten days to rescue them from this cave. And based on the amount of supplies they have they won’t be able to survive ten days trapped in the cave. So … 027 LECTURER: How long will they be able to survive? 028 STUDENT 1: Uh, I think its about five days … [checks reading again] 029 LECTURER: Yes, ok … a shorter period. 030 STUDENT 1: Yes, um and eventually one of the five named Robert Redmore I think it was um suggests that if they kill one of the men in the cave they might be able to survive for the ten days [L: Mm Hmm]. Um, and they establish that they would be able to survive for ten days but um people on the other side of the radio connection say they don’t want anything to do with it uh its not under their control. Then they lose radio communication. Then um Robert Redmore says maybe we should throw dice and see uh whoever loses the game will be killed. And uh he decides to pull out at the last minute. But the other four people have decided they think its quite a good idea so they [inaudible] and he Robert Redmore loses and is killed. And the other four people survive the ten days and when they’re released they they’re taken to trial … 031 LECTURER: [states student’s name] you you’ve skipped some of the most important things. I know its gory but you must refer to it. He’s killed um why is he killed? What did they want to do with him? 032 STUDENT 1: I assumed to eat him? 033 LECTURER: Yes they they … this is the whole point Um I mean ok if they kill him that’s not a nice thing to do but um uh … 034 STUDENT 1: I wasn’t sure that maybe they thought they would be able to survive with four people with the supplies they had um I’m assuming they didn’t have to eat him … 035 LECTURER: Well, then you must say that. You know that is us, that is an interesting alternative argument but you must present us with that ok … uh .. The idea is survival … um you know um they didn’t just play a game of dice to amuse themselves. They were threatened with um uh extinction and their basic instincts kicked in and this is where we talk about, this is where we refer to natural law. Um so they fall back not on their morality, not on their ethics but way way back on survival of the fittest on a very basic uh intrinsic natural law. Yes, and then? 036 STUDENT 1: Once they were um were rescued from the cave [L: Mmm] they were taken to trial for murder. 037 LECTURER: OK and that’s where um, that where the interesting thing starts, that’s where you have the different judges uh who gives on the same set of facts uh four or five different judgments. Um we will do the judgments in some kind of detail but before we do the judgments um I think it is important just to give you a background on the different schools of thought. 038 Now (coughs) to find a connecting point between the Spelunchean explorers and the different schools of thought um, of course, the easiest connection is that this piece, this hypothetical study was done by a philosopher called Lon Fuller. Do you all know him [turns to write ‘FULLER’ on the blackboard]. Um, it is worthwhile getting to know his name because he is going to be one of the philosophers that you study if not now then in jurisprudence in your final year.