At the executioners’ room – the last act of the speluncean explorers drama?

• Autor(a) principal: Michel, Voltaire de Freitas
• Data de Publicação: 2018
• Outros Autores: Deitos, Marc Antoni
• Tipo de documento: Artigo
• Idioma: por; eng
• Título da fonte: Anamorphosis (Porto Alegre)
• Texto Completo: https://periodicos.rdl.org.br/anamps/article/view/343
• topic: Judiciary Power; Legal hermeneutics; Judicial decisionism.; poder judiciário; hermenêutica jurídica; decisionismo judicial.; Decisionismo Judicial; Hermenêutica Jurídica

The article presents a speculative fiction dealing with the philosophical problem posed by Lon L. Fuller in 1949, in his book The Case of the Speluncean Explorers. From the facts narrated by the author, the death of one of the explorers by their fellow prisoners in a cave, the original text presents the simulation of a trial in a dystopian future scenario, in the year 4300, in the hypothetical country Newgarth. In this work, the proposal is to continue the discussion, this time putting the decision on the execution of the explorers by the hands and minds of their executioners – the fictional characters Thomas, Helmut and Ronaldo. From the discussion between the executioners on whether or not to comply with the court’s decision, new questions arise about the institutional role of the Judiciary and the nature and purpose of the Law. The methodology used is fictional, based on the original article by Lon L. Fuller; the original text is complemented with an investigation into what would have been the discussion between those responsible for complying with the final order.