• Justice foster was a firm beliEver Of natural law and believe that there are certain laws which

are above th
e positive laws and validities of these laws cannot be questioned while deciding these case he use the sa
me approach and judged the case On the basis of nTural law which in a way made him decide to pardon t
he explorers he based his case on two major arguments the first being that there are certain situations w
herein the rules and regulations predecided by the executive can not be applied because these rules and r
egulations are based on the principals of mutual coexistanse but the facts of the case clearly indicate that
thete was no situation in which mutual coexistance was possible thus the case can be completely dragedo
ut from the ambit of positive law. therefor the case needs to Be decided On the basis of natural law which
works on the principal of gratest good of the grater number. The second premise on which foster made hi
s judgement was that the case does not fall under the jurisdiction of the court and there is a possibility of
taking in to account the situational factors which let the accused commit the following act.

• According to me justice foster whO evidently contradicted chief justice trupenny was right in setting the a
ccused free because the situation clearly suggest that there was in availability of choices with the explore
rs and they had to take this major for self preservation if there was some other options available whith th
e explorers and still They would have commited the act they should had been held guilty but the facts cle
arly indicate that the explorers were vIcyim of the situation but to save themselves and kill whetmore so i
totally agree whith justice foster and his arguments as his arguments imbibe a sense of justice and morali
ty in it.