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The case R.V Machekequonabe, a pagan Indian prisoner.
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In the case R.V Machekequonabe, a pagan Indian prisoner, Machekequonabe is charged with shooting and killing his foster father. The difficulty of this case revolves around the fact that his particular pagan Indian tribe believed in the existence of evil spirit wendigos which assume human form and pose a threat to their community. On one hand, there are rules against killing other humans, and on the other, Indian common law says that it is acceptable to kill wendigos (which the defendant believed he was doing). This essay will show how this conflict and ruling can be explained completely by Dworkin's theory of law and judicial reasoning. To provide the necessary background information, I will first explain the facts surround the R.V. Machekequonabe case, followed by an explanation of the questions that arise from the facts and how they are used to decide the outcome. In order to show why...
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