BACKING WARRANT GROUNDS He harbors sympathy for what they've been through, at the same time, disgust and abhorrence for what they did to Roger Whetmore. Justice Tatting dreads to give his decision pertaining the fate of the men, as he holds conflicting emotions that he was unable to discard. keep himself from being shackled by such emotions, so he may judge the case that is convincing and logical In the Case of the Speluncean Explorers, Justice Tatting abstained from making a decision. QUALIFIER Justice Tatting remains unconvinced from the contention of his brothers, thus… CLAIM Justice Tatting withdraws from the decision of this case. As the Supreme Court was evenly divided, the conviction and sentence of the Court of General Instances is affirmed and it was ordered that the Public Executioner be directed to proceed to hang each of the defendants by the neck until he is dead. REBUTTAL Justice Foster contends that the explorers were ‘not in a “state of civil society” but in a “state of nature”’ and consequently the laws of the Commonwealth of Newgarth do not apply. The principles of law to be applied are those that were appropriate to their condition, and ‘under those principles they were guiltless of any crime.