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[personal profile] ffutures
A friend posted something friendlocked that included a reference to one of the more fascinating series of trials of the 19th century, which established that an ancient "custom of the sea" did not justify murder.

http://en.wikipedia.org/wiki/R_v_Dudley_and_Stephens

Now I think that when I eventually get to the space travel section there really needs to be a section on "Customs of the spaceways," possibly including the meat of this case, and maybe, in Churchill's words, "rum, sodomy, and the lash." In a clean-cut American influenced sort of way, of course...

Any suggestions?

Date: 2009-05-16 08:22 am (UTC)
From: [identity profile] major-clanger.livejournal.com
The legal point actually gets a little more complicated in such circumstances though. In Dudley and Stephens poor Richard Parker wasn't actively consuming resources that would otherwise have gone to his boat-mates; rather, he comprised such a resource himself. Even where food or water is available, one can always forebear from consuming it. But air is a different matter; you can't all agree to hold your breath for a month...

This issue was confronted a few years ago by the English Court of Appeal in Re A (Children), the 'Mary and Jodie' conjoined twin case. Having to decide whether surgeons could lawfully carry out an operation that would kill one twin in order to save the other, the Court viewed the case as one in effect of self-defence on behalf of the stronger twin, whose bodily resources were inexorably being consumed by the weaker one. However, this is still distinct from a 'three men in an escape pod' case, as one of the twins ('Mary') had no prospect of long-term survival at all, so the choice was not arbitrary.

Date: 2009-05-16 01:50 pm (UTC)
From: [identity profile] ffutures.livejournal.com
Thanks - since its' your post that put this in mind, any other suggestions you care to make will be very gratefully received.

Any intersting piracy cases come your way? There are pirates in the Weinbaum universe...

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