Is Eating People Wrong?: Great Legal Cases and How they Shaped the World

by Allan C. Hutchinson

Great cases are those judicial decisions around which the common law develops. This book explores eight exemplary cases from the United Kingdom, the United States, and Australia that show the law as a living, breathing, and down-the-street experience. It explores the social circumstances in which the cases arose and the ordinary people whose stories influenced and shaped the law as well as the characters and institutions (lawyers, judges, and courts) that did much of the heavy lifting. By examining the consequences and fallout of these decisions, the book depicts the common law as an experimental, dynamic, messy, productive, tantalizing, and bottom-up process, thereby revealing the diverse and uncoordinated attempts by the courts to adapt the law to changing conditions and shifting demands. Great cases are one way to glimpse the workings of the common law as an untidy, but stimulating exercise in human judgment and social accomplishment.

Genres: Law, Nonfiction, History, Philosophy, Legal, Historical, School

257 pages, Paperback

First published November 30, 2010

Reviews

[Petra X · Rating 5 out of 5]

Important Edit (2)The person who gave up this poor woman to the police was her own brother. He said she is a Muslim and deserves to die for marrying a Christian. She says their father died when she was 8 and she was brought up as a Christian by her Ethiopian mother. Muslim men are allowed to marry who they please. All Muslim women must marry Muslim men otherwise it is an offence punishable by death. Her own brother... These men must be brought up to think women are one step up from dogs. Get rid of the ones who don't please you. Murder being the cheapest, fastest and easiest and either legal or at least acceptabe way.



Edit (1) First we have the good news - the poor woman sentenced to a 100 lashes and then death by hanging for marrying a Christian has been reprieved and will no longer be killed.
Then we have the bad news. She will still get the 100 lashes for committing adultery as the court annulled her marriage and therefore she had sex outside marriage and must be punished.

Then we have the worse news. Her lawyers say they fear for her safety among the religious Islamic population (they mean the men) when she is released.

________

The weirdest, even most atrocious, things can be legal. The poor woman who got beaten to death by her father and brothers as she exited the High Court in Lahore was not necessarily killed illegally. Honour killings are not crimes it seems. Police officers were present and did nothing but watch.

What had happened was that although she was pregnant and legally married as an adult, she was 25, she wouldn't leave her husband as her family ordered to marry the cousin who had been selected for her.

Her fathers and brothers swung bricks at her until she was dead. They had previously killed her older sister for 'dishonour'. Her husband admits he killed his first wife to be with her None of these men get prosecuted for murder as it seems to be legal to not only commit an 'honour' killing but also to nominate someone else to murder a wife, sister or daughter and then 'forgive' them. Why are we in the West giving millions, if not billions, in aid to Pakistan and Indiathis link is particularly nasty, warning, that is giving approval to their appalling culture, or at least ignoring that 50% of the country have no rights and can be raped or murdered at will. The head of one Indian State's political party said about rape, "Boys will be boys. They make mistakes"." Rant over.

I had thought that Pakistani law was as much derived from British law, as Pakistan was part of India, as it was from Sharia law, but maybe not.

So how does this relate to me wanting to read this book? I want to see what else in the UK, America and anywhere else is so peculiar but important. Not weird little laws like "A special law prohibits unmarried women from parachuting on Sunday or she shall risk arrest, fine, and/or jailing." in Florida, but major, weird laws that as the title says, have shaped the world.

[Sandra · Rating 4 out of 5]

An interesting, readable introduction to common law.
Misleading title: should be "Is killing people in order to eat them wrong, if you are really, really hungry?"

[Rama · Rating 4 out of 5]

“As with all human endeavors, the common law offers a microcosm of social life with its usual cast of personalities and characters. It is as flawed as it is functional, it is as appealing as it is off-putting, it is as polished as it is pockmarked, and it is as prejudiced as it is balanced. It would be surprising if it were any different.”

3.5/5 rounded up. This collection of legal cases that have shaped the common law has served as an excellent, albeit grossly dramatized introduction to the field of law and “justice”. As we come to realize, jurisprudence and legal outcomes are largely based on the political, social, and cultural elements that are accepted and revered at the time of decision-making, and are not merely a static and immobile response to an outdated system.

In his account of 8 primary cases, Hutschinson dives into why they have defined the way we see the world. He focuses on how unique circumstances, creative arguments, and sometimes, sheer luck alone, can transform what was previously considered default. The tone is neutral and unimposing, and has a certain finesse that is characteristic of legal writing, while still being accessible and interesting to the average person.

In terms of drawbacks, most of my criticisms of the work are from the “Miranda” case description, where the women are discussed from a lens not befitting their value. When referring to the victim of the assault that centred the chapter, it is implied that she lied about her previous promiscuity, and that a key witness was only serving justice because she was “ a woman scorned”. Regardless of the validity of these claims, they paint the women of the book with a negative light, and unnecessarily so. Due to the lack of other female representation (in the author’s defence, law was traditionally mainly practiced by males up until the turn of the century, if not later), it could be argued that the author has a certain disdain for women, which shows in the text.

Another reason for the lower rating is the overload of additional facts about the background of each lawyer, judge, and member of the court. I understand that since these cases were unique and personal circumstances played a role in the decision, it may be relevant to discuss biases that could have existed. However, some details I found to be both overdone and not instrumental in any way to the case.

Finally, the first case is truly the magnum opus of the book, as it was, in my opinion, the most interesting and well-written. Unfortunately, the quality did ebb and flow after that, but a few more shining chapters did come up, among them the ones about the snail and the fox.

Overall, this was a great book if you’re looking for a brief introduction to the common law system and it’s applications semi-globally, in a way that is digestible and interesting. Would recommend with caution!

[Oscar · Rating 4 out of 5]

In all honesty, the book's title is what caught my attention, I mean the possibility that within the book's pages discussions regarding taboo questions resided was enough to wet my appetite. Upon close examination, however, I realized that this book was concerned not with the taboo, but rather with the social, historical, and cultural dynamics that shape common law. I mean why is eating people considered wrong? Why is racial segregation no longer practiced in this country? Who owns a fox? The person who chases it or the person who caught it? Those questions, or rather the factors that help answer such questions are examined in the book. The writer provides a well written, informative, and often entertaining look at eight important legal cases from English speaking countries that have shaped the legal system helping establish what is seen as proper under the eyes of the law. The book, furthermore, argues that common law is shaped by the efforts of people, constantly changes to adapt to changes in cultural and social values, and should be discussed not simply with the use of legal terms, but in a manner that can be appreciated by all members of a society.

I really enjoyed the book, and while I had heard of some of these cases, the book wonderfully connects them together by illustrating how we shape common law through legal cases where our values clash and reach often difficult agreements of what we should consider wrong? So is eating people wrong? Read on or make your own mind through your mental courtroom.

[l · Rating 2 out of 5]

A prof mentioned this in 1L. It's very light reading (in a way that's irritating and appealing at once) but if you are past 1L (as I am) you are probably already familiar with these cases (foxes, snails, etc).

.... So I was thinking about this book some more and I don't know if this is ott but how Hutinchson writes about women... When he's discussing the Miranda case, he writes of the victim, "That intercourse had occurred was confirmed at a later medical examination that night at the Good Samaritan Hospital, even though there was little evidence of any struggle or that she was sexually inexperienced, as she claimed." What the hell is wrong with you. He also describes Miranda's wife as "a woman scorned" and generally presents the women involved in these cases (including plaintiffs) as incidental to male lawyers and justices Leading the Way. You're a law professor; do better.

[chloe · Rating 4 out of 5]

i picked up this book only hoping to have some reading material to help with my ucas personal statement, but this reads like a book of stories and is so unexpectedly good! ☻

[Katie Brown · Rating 4 out of 5]

Great introduction to different areas of law, tells the stories of key cases in an interesting way - would recommend to someone wanting to study law at uni

[Anzal · Rating 3 out of 5]

A really good contextual introduction to "great" legal cases in history and their impact on the shape of laws as living instruments. It has some really good chapters which provide necessary context for many aspects that form part of our civic vocabulary. Who is the Miranda in Miranda rights? And what did the Brown judgment really do for desegregation in America? And of course, is eating people wrong? This is where this book is at its best.

[Sabine Hooke · Rating 4 out of 5]

This was such a fantastic and interesting book that really quickly captured my attention right off the bat!! While I’d heard of a few of these legal cases they were written about in such a fun and accessible way that ultimately tied together insightful inquiries into the foundations of our legal system. Hutchinson’s writing style is so fun and eloquent that I really enjoyed this read.

[rina]

for law <3

[Becky Harris · Rating 2 out of 5]

You'll be relieved to know eating people is indeed wrong. Beyond that, you have to be really interested in the law to stick with this book. I skimmed most of it.

[Patrick Townshend · Rating 5 out of 5]

clickbait title but fascinating

[Oscar · Rating 4 out of 5]

“The life of the law has not been logic, but experience”
Oliver Wendell Holmes Jr.; Allan C Hutchinson

[Sharn · Rating 2 out of 5]

This book pretty much does what it says on the tin (the 'great legal cases' bit, not eating people). It should, however, be noted that when Hutchinson says 'the world', he really means the Anglosphere that draw their legal traditions and structure from the English common law model. Sadly, even non-Anglo common law jurisdictions such as Kenya, India, Malaysia, Singapore, and Pakistan - amongst others - are neglected, as is New Zealand.

Nonetheless, Hutchinson has certainly picked some of The Big Ones in the common law world, with a reasonable spread of jurisdictions and areas of law, and the book reads a bit like a Law 101 introduction to landmark legal cases. The cases are simply explained, with lots of emphasis on facts and a reasonable explanation of the legal principles involved. I think the highlights of the book are from the English case of R v Dudley and Stephens (1884) 14 QBD 273 DC (from which the book draws its title, about the defence of necessity in cases of murder) and the examination of Australian case Mabo v Queensland (No 2) (1992) 175 CLR 1 (the establishment of native title in Australia).

For me, I feel there is perhaps a little too much emphasis on the factual matrix of the cases, where facts which are legally 'irrelevant' are recounted to add further interest. I do accept, however, that this is something to be expected considering the book's targeted 'lay audience', and that I'm likely being a little harsh. If you've studied law, or perhaps even taken a high school legal studies class, then much of this may be familiar to you. For everyone else, this book is probably worth a read if you'd like a short and sharp introduction to some of the fundamental cases and principles in common law legal systems.

[Ian · Rating 4 out of 5]

Good, easy read. Title is taken from an English case R v Dudley and Stephens, involving a shipwreck, murder and cannibalism.

In that chapter, the author observes that literature and the law impact each other in either direction. The facts of the 1884 Dudley and Stephens case closely parallels an 1838 novella by Edgar Allan Poe ("The Narrative of Arthur Gordon Pym of Nantucket") Poe's tale is about four men adrift after a shipwreck who draw lots to see who would die and be eaten. The name of the loser ***cue creepy music**** "Richard Parker"; the very same name of the victim in the Dudley and Stephens case almost half a century later.

The author makes an interesting and lively presentation of 9 other famous common law cases on varied topics (aboriginal rights, rule of law, the neighbor principle and others) including a "where are they now" commentary - not available in the law reports.

I agree with the thesis that common law is a satisfactory, but messy process, for developing legal principles. His introduction and concluding chapters are brilliant expositions on this challenging subject.

[Shane A · Rating 4 out of 5]

A fascinating primer on groundbreaking common-law cases from across the common-law world (Canada, US, Australia, UK). First chapter may be a bit jargony for some, but, once you've past that, each chapter's case-study approach to "great" cases is accessible and intruiging. I usually don't read non-fiction for pleasure, but it was hard to put this book down once I started reading.

Hutchinson breaks down each of the cases he explores into concepts easily understood by those with no academic background, and the narrative structure of the work is also fluid and puts the reader at ease.

Overall, Hutchinson's work is a great read and would be of interest to those interested in or intrigued even a bit by law (whether a pre-law student or engineer tired of their life) (or those who just want to learn a bit more about the intruiging "great cases" listed below!).

Breakdown:
Chapter 2 discusses the infamous cannibalism-at sea case.
Chapter 3 explores the rule of law in Quebec.
The questions "who owns nature?" or "who truly possesses something like a killed deer or fox or stray baseball?" are answered in the fourth chapter.
A welcome discussion of the nuances of Brown v. Board are discussed in Chapter 5.
A snail, soda, and suing companies are discussed in the sixth chapter.
Chapter 7 delves into the important issue of Indigenous title through a case study of an Australian case.
Chapter 8, the only one I found to be a tad dry, was about an agreement between a mill and a transport company and how the question liability should be resolved.
Finally, the ninth chapter shows how Miranda rights came to be, featuring Miranda himself!

[Lea · Rating 3 out of 5]

First of all : It took me way too long to finish the book

To be honest, I found at least 3 cases boring and therefore only skimmed them. I can especially recommend chapter 9, which is about a rape. It was also interesting to read who exactly Richard Parker was (chapter 1) and also to get the connection to the movie "Life of Pi". The writing style was mostly neutral, which I liked. Whereas one felt a pejorative tendency with the female characters (which is somewhat contradictory to the neutrality of the law). Otherwise, the book can be recommended for people who are very interested in the emergence of the legal system of the Anglosphere. Overall, I also missed a reference to the rest of the world (e. g. Asian countries and their influence on the legal system).

Quotes :

"the life of the law has not been logic, but experience."
Never Say Die - "If at first you don't succeed, then appeal"

[Carol Wu · Rating 4 out of 5]

This book is surprisingly good. Written by York University Law professor Allan C. Hutchinson, it has a clear structure of 10 significant Common Law cases that impacted subsequent ones.

These cases range from eating a fellow seaman to Brown v. Board of Education to the case that gave the Miranda Rights its name.

I say the book is better than I thought because Hutchinson revealed a cynic side I had not expected. Instead of citing the popularity of these cases to their judiciousness, he instead credits their ambiguity (room for future cases) and intersection with the moralistic and political values of the majority. .
As Hutchinson shows, in addition to demanding answers from society, laws definitely reshape themselves with it as well.

For more reviews, visit me on Instagram @ RandomStuffIRead !

[Harry · Rating 3 out of 5]

An interesting introduction to the most ground-breaking legal cases for any would-be law student.

However, there is far too much unnecessary background detail for my liking (for example, including the full name, birthplace and career of every individual mentioned). This sometimes distracts from the important information and makes the case harder to follow. There was also a slight overuse of flowery adjectives at points which made the reading a little clunky at times.

I am also not a fan of the book's title. Yes, I understand it is meant to jump out at you, and that it does. Yet, cannibalism is just one of several cases and the theme in this book seems to be the Common Law. So, the title is somewhat misleading.

Overall, was it worth reading? Yes, it was a nice collection of legal principles and had an appreciation for the social, economic and political context of the time.

[Ilyes · Rating 4 out of 5]

Found this book super interesting. ;)

Hutchinson made me even more excited about studying law while including many relevant and thought provoking cases. I also really liked his writing style. He is at the same time concise yet thorough in his narrative, explaining the context and effect of the cases in a detailed and effective way.

I completely agree with his evaluation of the justice system. In fact, I had written about the dynamic nature of the common law prior to reading the book, so I quite enjoyed reading his interpretation and well developed arguments.

Would definitely recommend this book to any aspiring lawyer. It’s given me a clear focus for my Personal Statement and inspires me to pursue a law degree… 👨‍⚖️

[Carl Wright · Rating 4 out of 5]

A truly exciting look at a key pillar of our societies as a whole. We all have watched tv and movies or have some cursory understanding on how the legal system works but this book gives the layman a better appreciation and understanding of how things truly work and the great cases that affect our lives to this day. The author is very good at framing the cases in an exciting way and presenting the full arguments on all sides. At the very least this book has sparked my interest in law a subject that many tend to see as dry.

[Keisha Adams · Rating 3 out of 5]

Dude writes like me trying to hit a word count.

10 chapters each a different legal case that helped shape western legal systems. Neat to have my own quick opinion challenged by different perspectives ( cool with life saving cannibalism, but can homeless people trespass on private homes in winter to save lives etc)

Property law is far more interesting than it deserves to be.

Not cool that he felt the need to say there was no evidence that a rape victim was “sexually inexperienced “. Vaginas don’t work like that. Glad rapist Miranda did end up in jail with a lovely poetic ending.

[Bianca Medeiros · Rating 4 out of 5]

This was a great read! It was very enjoyable and a great mix of analysis with historical telling. I thought the author did a great job conveying his message and the theme was carried out across. I especially appreciated his attention to tying up loose ends in brief explanations at the end of each chapter about why he considered that case a “great case” (which was also very well defined). My only criticism is that based on what he established as the target audience, there was quite a bit of jargon. Other than that I would definitely recommend to anyone!

[Elisa · Rating 4 out of 5]

Worth reading even for those who lack interest in the law. The book explores the cause of many rules and explains how strange situations would be solved. Even if it is unlikely you will end up being championed by a famous lawyer to sue a ginger ale company regarding scottish molluscs in your beverage, it demonstrates the ever changing nature of the law instead of a rigid stickler to rules without regard for circumstances

[Kiara · Rating 5 out of 5]

My interest in law is always lingering in the corner of my mind and my desire to go to law school hovers just the same. Intro to law books such as these give me a the fix I need to keep my law school interest at bay.

Loved this book. Very open to all introductory law books as I tend to get hyper-fixated on them.

Also amazing title. Loved that the author covered the cannibal case first to ease into the rest of the cases that aren’t as attention grabbing.

[Alex Hui · Rating 3 out of 5]

The details of the great cases are fun to read but it goes into much details sometimes that may deprive pages on crucial analysis of the cases. It reads like a story book on law cases instead of a educational book on philosophical aspect of laws. Not a bad read, but not my cup of tea as I want more inner reflections during my reading.

[Ying Ngai · Rating 4 out of 5]

The title is clickbait, but the author's background does quite convincingly suggest that this book is on (common) law. I think most people who live in common law jurisdictions think that common law is usually better than civil law (and probably vice versa), and this book certainly helps to strengthen that opinion.

[Josh · Rating 3 out of 5]

An interesting insight into some of the most defining common law cases. Hutchinson provides an excellent narrative and thoughtful analysis for each case. Whilst a great introduction and presumably deliberately brief to appeal to a wide audience, it lacks the depth of analysis that law nerds may crave. A solid 3 stars.

[Sean · Rating 5 out of 5]

This is one of the most engaging books that I have ever read. I was hooked from start to end. Hutchinson manages to write in a narrative yet informative way that conveys the beauty of legal principles.

I am also surprised by how he manages to make typically dry topics like property law interesting!

[Kyle Macleod · Rating 5 out of 5]

Short and sweet. If you have any legal background whatsoever, I’d imagine this book is frustratingly simplistic and I could easily imagine a more interesting version of the book that is 300-400 hundred pages longer. The cases however were interesting and well chosen for demonstrating various legal concepts.