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Meta Rule operates

The way in which the Meta Rule operates is as follows, “Disputes are resolved by the decision of one or more persons, once arguments from each side of the issue have been put. “4 An outside aid is ideal in such a predicament, because they can offer an objective review of the situation and listen to all the arguments made by those in the bunker; this a process that is called Audialteramparten, which in Latin means “to hear both sides. “ It is important that the decision-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 http://lawaspect.com/law-school-gpa-requirement/ . 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 justifiable.

This was posted in Bdaily's Members' News section by Jacob Mcmillen .