ion-maker hear both sides and that
the decision-maker also be a generalist.5 The reason for this, is that by
listening to both sides they can know all the concerns that the people in the
bunker have, and by being a generalist they can be impartial to the situation,
thereby making a rational and fair decision. By imposing the Meta Rule, this
outside source can make a decision, and according to the Meta Rule, this must be
carried out. Whether or not the decision is “wrong” does not matter, it is
imperative and necessary that one be made to resolve the dispute of who, how,
and why someone must die.
The doctrine of necessity is a very important notion to this case, because it is
necessary that someone die in order for the remaining four survive. ” Necessity
knows no law,’ it is often said. In other words, you can’t be held legally
liable for an act you had to do.”6 This is what the people in the bunker must
remember, and this will legally justify the decision to kill someone. Morally,
whether the decision was “right” or “wrong,” can be argued till the end of time,
but there is no time to accommodate a moral debate. All that is left to do now,
is to draw lots and find out who is going to have to die for the others to live.
“When the selection has been made by lots, the victim yields of course to their
fate; or if they resist, force may be employed to coerce division.”7 As harsh
as it may sound, if necessity has no legal standing in this situation, it should
not stand in any other case. In other words, necessity has been used as an
argument to justify one’s actions in other cases and is accordingly justifiable
in this circumstance.
Making a decision on the situation without examining it with knowledge of law
and morality, the Meta Rule, and the doctrine of necessity would make it even
more difficult to find a rational reason why one of the five people in the
bunker should die, let alone justify it. Law and morality illustrated how
sensitive a situation such as this can be, and how difficult it is to make a
pure legal decision when morals are a large part of everyone’s lives. The Meta
Rule showed that even when the courts are not present to facilitate a case,
there is always another method of resolving disputes legally. Finally, the
doctrine of necessity explained why some forms of action are necessary and must
be taken and applied to a given condition. It is unfortunate that there are
cases in which people, whether or not they know each other, must kill someone
else to save their own life. It must be even more disturbing, rather than
unfortunate, for a person to sacrifice their life for the welfare of another,
nevertheless it is noble. Perhaps this goes to show that when it is absolutely
necessary to kill someone in order to preserve one’s own life, murder is always
1 Patrick Fitzgerald and King Mc Shane. Looking at Law: Canada’s Legal System.
4th ed. (Ottawa: Tri-Graphic Printing Ltd.) 1994. Pg.3.
2 Carleton Dept. Of Law Casebook Group. Introduction to Legal Studies 2nd ed. .
(North York: Captus Press Inc.) 1995. Pg.24.
3 Carleton Dept. Of Law Casebook Group. Introduction to Legal Studies 2nd ed. .
(North York: Captus Press Inc.) 1995. Pgs.19-24.
4 Fraser, D. Fall Term Law Notes for 51.100A. (Carleton University) 1996.
5 Fraser, D. Fall Term Law Notes for 51.100A. (Carleton University) 1996.
6 Carleton Dept. Of Law Casebook Group. Introduction to Legal Studies 2nd ed. .
(North York: Captus Press Inc.) 1995. Pg.25.
7 Fraser, D. Fall Term Law Notes for 51.100A. (Carleton University) 1996.