Judge Forster Reflective Essay

Improved Essays
My reaction to this case and the judgement as a common and responsible citizen rests on the following two grounds:

1. That the judgement passed by the bench of the Supreme Court is against my own moral instincts and according to me, pure injustice has been served to the survivor which in this case is Pi.
2. Only Judge Forster’s opinions and views apply in this case and according to me, the current statutes and laws are inapplicable to this case, as it is an exceptional and unique case. Thus, we need to draft new laws and legislations on the basis of arguments put forward by Judge Forster.

To come to such conclusions and to form such arguments, I have paid attention to my moral rather than legal instincts. My moral instincts tell me whenever
…show more content…
As a consequence of that, the established principles of law cannot be applied to them, but the law derived from those principles that were appropriate to their situation. He goes on to state that we usually don’t apply the legal maxim Cessante Ratione Legis, Cessat Ipsa Lex (Latin: The reason for a law ceasing, the law itself ceases), but it needs to be applied to this case. Thus, as Pi was in a ‘state of nature’ rather than a ‘state of civil society’, in my view Pi hasn’t done ANYTHING wrong. Rather, I think it was uncivil and inhumane to punish him for an act in which he had no choice but to take another person’s life in order to survive and sustain …show more content…
He states that the executive is separated from the judiciary. Thus the judiciary cannot tell or order the executive to perform a particular function, which in this case was granting executive clemency to the survivors, as stated by Chief Justice Truepenny. He goes on to say that he, as a private citizen, wants Pi to be pardoned altogether. But as a Judge he cannot tell the executive what to do and the Chief Executive has to reach a decision on his own. He chides Truepenny for requesting clemency when it is not his job to do so. It should be left to the discretion of the Chief Executive. Secondly, asks whether the act committed by him was “right” or “wrong”. He relinquishes all his morals and goes on to state that as Pi “wilfully” took the life of the cook, then according to the written law he has to be punished by death. But this is a wrong argument as the law is not taking into account the special circumstances of the case. Even as a judge, he is expected to be compassionate. He has to place himself in the shoes of the survivor and think what he would have done in his place. Undoubtedly, Pi tried everything to survive. But when the cook killed his mother and the sailor he was left with no choice. His sense of survival was threatened and he finally let his body and desires overcome his mind and rational thinking. There might also have been a part of him that wanted revenge

Related Documents

  • Superior Essays

    However, for the most part, judges are to apply the clear legal rules which are posited. If that is our belief, then a positivist may be comfortable with Formalism, as morality and justice considerations are external, and hence should not be applied. Clear rules derived from concepts are the only application of the law judges should perform. However, as Legal realism would note, this has no practical value in reality, as external considerations are always being…

    • 1728 Words
    • 7 Pages
    Superior Essays
  • Superior Essays

    Theme Of Guilt In Othello

    • 1348 Words
    • 6 Pages

    He commits suicide because the guilt that he felt for himself for being so blind as to not even confront Desdemona and get her side of the truth before he just executes her. Othello took the advice of people that he thought he could trust. When he realized the betrayal, Othello regrets his decisions immediately. His regret comes after he kills himself and realizes had he just trusted Desdemona and loved her the way he said he did this may have all been avoided. Shakespeare is saying that our actions can have grave consequences and that we need to be willing to wait and investigate thoroughly before we act out of anger and…

    • 1348 Words
    • 6 Pages
    Superior Essays
  • Great Essays

    Although Hamlet excessively grieved over his father’s death, provoking him to think about suicide; he never acted upon killing himself. Hamlet believed that committing suicide was completely wrong and it was extremely sinful. “Oh, that this too, too sullied flesh would melt, thaw, and resolve itself into a dew, or that the Everlasting had not fixed his canon ‘gainst self-slaughter” (Ham. 1.2), Hamlet wishes his body would destroy itself and no longer suffer from the agony caused by his mother and his father’s death, but he knows that God is against such an immoral act. If only God did not prohibit suicide and declare it an immoral sin, he would take his life.…

    • 1822 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    Sometimes killing like in cases of self-defense is justified or if that person has killed someone is justified. But when it becomes murder they should be punished. In cases of self-defense they should not be punished because it was either they killed the other person or they would be killed. George should not be punished because, Lennie had killed Curley’s wife. Also he was never going to get better and would always make the same mistakes to every single place they go.…

    • 255 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    As similar to the death of Banquo, Macbeth did not perform this brutal act himself but instead hired murderers to kill his targets for him. The cowardliness in Macbeth is palpable in this decision as he has so little to gain for such a horrendous act; he orders this only because the apparitions told him to beware Macduff and therefore Macbeth seeks to spite him. This puts finality on Macbeth’s lack of morality; he can no longer comprehend the value of a human life as he has many ended without a second thought. The pure senselessness of the act coupled with the little understanding Macbeth has of the bond with one’s own children as stated by Macduff, ”He has no children.” (4.3.255), is what adds fuel to Macduff’s burning hatred of Macbeth. This waste of life represents the completed transformation of Macbeth.…

    • 1252 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    As Hamlet sets out to get his revenge, people join along the way to get theirs too. As it all comes to an end, the revenge did no good for anyone. Many if not all the characteries died because they all were seeking revenge instead of forgiveness. Laertes’ need for revenge caused him to lose his sister and kill Hamlet. When Laertes came back, his first instinct was to get revenge for his father’s murder and not to help his sister who had gone mad at the time.…

    • 1690 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    I must destroy myself in such way that no one can possible know what has happened to me” (Langelaan 198). André decision to kill himself did not only affect him but the people who cared most and this event led to Andre’s wife, Helene, resorting to suicide as well. André was a very egoistical man who could have sought other solutions to his problem rather than resulting to kill himself while involving his wife to do so. In the article “Suicide: cry for help of a selfish act?” Katie Sanbrock stated “suicide is a permanent solution to a temporary problem” (12). André ignored his wife’s plead to acquire help from his scientist colleagues and doctor.…

    • 717 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Revenge Theme In Hamlet

    • 1119 Words
    • 4 Pages

    Although nobody else would know that Old Hamlet was murdered, Hamlet would have a guilty conscience and would think that not avenging his father’s death is very cowardly and worthless. Obviously, the setting and time period do have an effect on what Hamlet believes, as a sane person would not go towards such extreme measure just to get revenge. At that time, it would have seemed that if someone you knew had killed a relative or friend, the best way to counter it, is to murder them back. It clearly shows that revenge, for Hamlet, is what will protect his honor and keep him from becoming a coward, although he does “miss” opportunities to kill Claudius. Hamlet actually believes that murder or any sort of violence is the best way to go forward with his plan of revenge.…

    • 1119 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    He doesn’t value family or relationships, and he rejects values and emotions. His Utilitarian principles convince him that if he murders the woman it will only be beneficial to society, and that her sole purpose is harming the poor customers that come to her. “The old woman was nearly a sickness... I was in a hurry to step over... it wasn’t a human being I killed, it was a principal! So I killed the principle, but I didn’t step over, I stayed on this side... All I managed to do was kill”(274).…

    • 834 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Joe killed himself because he realized what he did not only was wrong, it was destroying his family and had quite possibly already destroyed it. He did what was best for his family, a decision he thought would help them overcome his mistake. In The Crucible, John Proctor is asked to sign a contract where it incriminates others of witchcraft. Instead John, feeling the guilt of his mistakes of cheating on his wife, declines to sign the document, ripping it up and making a sacrifice for the good of others; “You will not use me! I am no Sarah Good or Tituba, I am John Proctor!…

    • 1360 Words
    • 6 Pages
    Superior Essays