Evolutionary Theory and Legal Philosophy

Evolutionary Theory and Legal Philosophy image
ISBN-10:

1848444451

ISBN-13:

9781848444454

Released: Nov 30, 2009
Format: Hardcover, 192 pages
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Description:

`Zaluski has written an intelligent book on the relevancy of evolution theory for the understanding of the law. As any substantive contribution to jurisprudence, its contents are not uncontroversial, especially where he argues that evolution theory has something to say about human nature. However, Zaluski shows the evolutionary perspective on the law to be a refreshing and illuminating one.'
- Jaap Hage, University of Maastricht, The Netherlands

`Nobody interested in philosophy and in legal philosophy should miss this book. As a philosophical treatise it is of the highest standard, abundant with unexpected and valuable insights. And it leads the reader to the frontiers of new developments, especially how economics, game theory and evolutionary theory affects our understanding of the law. It masterly combines scientific acumen with a sense for humanity.'
- Hans-Bernd Schäfer, Bucerius Law School, Hamburg, Germany

This unique book presents various ways in which evolutionary theory can contribute to the analysis of main legal-philosophical problems.

The book explores three central questions; the ontological question - what is the nature of law?; the teleological-axiological question - what are the main values to be realized by law?; the normativity question, which has two aspects; normative: what explains the fact that legal norms provide reasons for action?, and motivational: what explains the fact that humans can be motivated by legal norms? It is argued that evolutionary theory suggests non-trivial answers to these questions, and that these answers can become the building blocks of a new - evolutionary - current in legal philosophy.

Being the first study entirely devoted to the analysis of main legal-philosophical problems from the standpoint of evolutionary theory, this book is a must-read for graduate and postgraduate students, practitioners and philosophers in the field of legal-philosophy.


























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