is the objective of this paper. This essay will explain how the decision will be
made that will ultimately take one of the survivor’s lives to save the remaining
four people. From that explanation of the decision made, it will attempt to
justify it. This paper proposes to explain and justify the decision by using
legal tools such as Law and Morality, the Meta Rule, and The Doctrine of
Necessity. The advice provided on how to carry out the unfortunate death of an
innocent person may not be a “right” one, but perhaps it will be legally and
Law and morality play a large role here, mainly because there is a legal issue
and a moral issue associated with the predicament. The reason law has a part in
the situation is that after the decision is made, it will be examined legally
and must be accountable for its consequences. Morality has its place too,
because many will find it morally wrong to take one’s life despite any
….there is some connection between law and morality, but the two are
clearly not identical. First, morality is only concerned with right or wrong,
with the good and evil; law is concerned with lots of things on which there is
no right and wrong – procedures for land registration, incorporation and so on.
Second, morality is to some extent uncertain and a matter for each individual,
law tries to be objective, written down in black and white and there for all to
see. Third, morality often leaves things vague and subject to general principle,
law goes into specifics.1
From that description of law and morality, it is obvious how they relate
to the issue here. When the time comes for one of the five people in the bunker
eventually to die, it must be legally justified. The reason for this is that
murder is illegal, unless legally justified.2 On the other hand, reasons for the
killing must be provided to put to ease those who question the dilemma in
accordance to morality. Since law and morality are equally important and both
are evenly delicate when dealing with this issue, advising the survivors on what
to do will not be easy. Pleasing everybody is impossible, whether it is examined
from a legal viewpoint or a moral one. However, if the situation is analysed
with both the law and morality issues in mind, there may be a chance that many
will see some sort of vindication behind the decision to kill someone.
One example that can probably create a good foundation to better explain the
complexity of the given situation, is that of the case of R. v. Dudley and
Stephens. A basic summary of the case is as follows: Thomas Dudley, Edward
Stephens, another man by the name of Brooks, and Richard Parker, who was a boy
in his late teens, were the crew of an English yacht. All four of them were cast
away in a storm 1,600 miles away from the Cape of Good hope. This boat was not
supplied with any water or any food, except a few canned vegetables that lasted
them a duration of three days. Being lost at sea, with no food or water, they
needed to find someway to keep themselves alive so that they could live long
enough for them to be rescued. Many days went by, and within that time they had
not eaten or drank anything. Both Dudley and Stephens suggested to Brooks that
someone be sacrificed to save the rest, Brooks disagreed, and they never told
the boy of the idea. The next suggestion by Dudley and Stephens was that they
should draw lots to see who should sacrifice their life to save the others,
again Brooks refused and they did not let the boy in on the plan. Eventually
the decision that if no vessel were to come around the next day, they should
kill the boy. This decision, yet again, came from Dudley and Stephens. Again
Brooks disagreed and the boy was never consulted. A day passed and no vessel was
in sight. Dudley went to the boy, who was sleeping, and killed him. They fed
upon the body of the boy and drank his blood for the following four days when
they were finally rescued. After being returned to shore Dudley and Stephens
were brought to court, put on trial, and lastly sentenced to death by the court.
This decision was eventually 