LEGAL METHODS ASSIGNMENT 1

NAME: KULDEEP SHARMA

SEMESTER 1
SUBMITTED TO : PROF. ANMOL PATEL

Facts of the case:

Popeye , his wife olive and their two children lives on an island in the state of bluto
20 august 2017 , hurricane swept across the state. Popeye was left without electricity
Food or water, his coastal community was also left without any access to cell phone
and landl-line .services. he with his family left the property to find safety and elsewhere.
A no. of people died. People started to form into defence militias in order to keep out looters.
After a no. of days Popeye and family suffered from fright, fear, hunger and disorientation .
It was 8:00 p.m. on someday when Popeye walked to the pharmacy and took food, water and
ice to survive for several days.
A no. of days later when government finally arrived, the owner of the pharmacy 5discovered
how his goods went missing and reported the incident to police. Popeye is charged with the
criminal offence of looting.

Looting as read under the penal code of Bluto:

“[t]he intentional entry by a person without authorization into any dwelling or another
structure belonging to another and used in whole or in part as a place of home or abode by a
person, or any structure belonging to another and used in whole or in part as a place of
business, in which normal security of property is not present by virtue of a hurricane, flood,
fire or act of god or force majeure of any kind and the obtaining or exerting control over or
damaging or removing property of the owner.”

Three different views

NATURAL LAW :

Natural laws are the laws which are in result of the natural rights. But if the natural law needs
to be enforced then and only then it needs the entitlement of the positive law or the state.

Popeye and his family were forced to leave their property to find safety elsewhere. They were
not having electricity, food, water and the community was isolated from the rest of the world.
The roads, bridges and houses were ruined and number of people died. Even the fire fighters
and humanitarian organizations struggled to provide relief to the victims.

CONSEQUENTIALISM THEORY

Consequentialism basically means holding that the consequences of one’s conduct are the
ultimate basis for any judgement about the rightness or the wrongness of that conduct.
Another consequentialist version is motive consequentialism which looks at whether the state
of affairs that results from the motive to choose an action is better or at least as good as each
of the alternative state of affairs that would have resulted from alternative actions.

TEXTUALISM THEORY

Textualism is a unique theory in which the interpretation of the law is primarily based on the
ordinary meaning of the legal text and where no consideration is given to non-textual sources
and interpretations.
This penal provision strictly and literally explains that whatsoever maybe the situation of
Popeye, he had broken into the shop and has removed the goods which are the property of the
owner and thereby under this penal provision he should be convicted for or under the charge
of Looting.