Book Review:
John T. Noonan, Jr., Cannibalism and the Common Law
(reviewing A.W. Brian Simpson’s Cannibalism and the Common
Law: The Story of the Tragic Last Voyage of the Mignonette and
the Strange Legal Proceedings to Which it Gave Rise), 63
Texas L. Rev. 749 (1984).
Abstract:
The famous case Regina v. Dudley is the focus of Brian
Simpson’s Cannibalism and the Common Law. Jurisprudentially,
Regina v. Dudley poses in the starkest terms the question
whether the ordinary law of homicide should apply in desperate
circumstances. The net effect of Simpson’s work is to turn
Regina v. Dudley from a case upholding a principle into the
story of a victim, Tom Dudley. Although Noonan applauds
Simpson’s methodology, he finds himself out of sympathy with the
message Simpson indirectly conveys.