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Author: Wojciech Załuski
Publisher: Edward Elgar Publishing
ISBN: 9781848444454
Category : Evolution
Languages : en
Pages : 0
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Book Description
This unique book presents various ways in which evolutionary theory can contribute to the analysis of key legal-philosophical problems. Wojciech Zaluski 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 - paradigm in legal philosophy. Being the first study entirely devoted to the analysis of fundamental 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.
Author: Wojciech Załuski
Publisher: Edward Elgar Publishing
ISBN: 9781848444454
Category : Evolution
Languages : en
Pages : 0
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Book Description
This unique book presents various ways in which evolutionary theory can contribute to the analysis of key legal-philosophical problems. Wojciech Zaluski 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 - paradigm in legal philosophy. Being the first study entirely devoted to the analysis of fundamental 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.
Author: Erhard Oeser
Publisher: Springer Science & Business Media
ISBN: 9781402017841
Category : History
Languages : en
Pages : 260
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Book Description
This work for the first time brings together case law and law based on norms. It offers the reader a survey and a new explanation of evolutionary emergence of social contracts and constitutions in the European history, and should help to build a bridge between 'two cultures', science and humanities. It is addressed to philosophers of law, historians of law, theorists of science and social scientists.
Author: Wojciech Załuski
Publisher: Edward Elgar Publishing
ISBN: 1786436507
Category : Law
Languages : en
Pages : 219
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Book Description
Law and Evilpresents an alternative evolutionary picture of man, focusing on the origins and nature of human evil, and demonstrating its useful application in legal-philosophical analyses. Using this representation of human nature, Wojciech Zaluski analyses the development of law, which he interprets as moving from evolutionary ethics to genuine ethics, as well as arguing in favour of metaethical realism and ius naturale. Zaluski argues that human nature is undoubtedly ambivalent: human beings have been endowed by natural selection with moral, immoral, and neutral tendencies (the first ambivalence), and the moral tendencies themselves are ambivalent (the second ambivalence), giving rise to an inferior form of ethics called 'evolutionary ethics' Introducing a novel distinction between two types of evil, primary and secondary, this book explores the differences between evolutionary ethics and genuine ethics in order to analyse the history of legal systems and the controversy between natural law and legal positivism. Engaging and thought-provoking, this insightful book will be vital reading for both legal scholars and philosophers, especially those of law and moral philosophy. Evolutionary biologists with an interest in a philosophical interpretation of the results of evolutionary biology will also find this book an important read.
Author: Jonathan Birch
Publisher: Oxford University Press
ISBN: 0191047368
Category : Philosophy
Languages : en
Pages : 281
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Book Description
From mitochondria to meerkats, the natural world is full of spectacular examples of social behaviour. In the early 1960s Bill Hamilton changed the way we think about how such behaviour evolves. He introduced three key innovations - now known as Hamilton's rule, kin selection, and inclusive fitness - which have been enormously influential, but which remain the subject of fierce controversy. Hamilton's pioneering work kick-started a research program now known as social evolution theory. This is a book about the philosophical foundations and future prospects of that program. Part I, "Foundations", is a careful exposition and defence of Hamilton's ideas, with a few modifications along the way. In Part II, "Extensions", Jonathan Birch shows how these ideas can be applied to phenomena including cooperation in micro-organisms, cooperation among the cells of a multicellular organism, and culturally evolved cooperation in the earliest human societies. Birch argues that real progress can be made in understanding microbial evolution, evolutionary transitions, and human evolution by viewing them through the lens of social evolution theory, provided the theory is interpreted with care and adapted where necessary. The Philosophy of Social Evolution places social evolution theory on a firm philosophical footing and sets out exciting new directions for further work.
Author: Tomasz Pietrzykowski
Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
ISBN: 9783631656853
Category : Law
Languages : en
Pages : 0
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Book Description
The volume collects essays discussing the concept of personhood in law from the perspective of the revolutionary advancements in the contemporary science and technology. It offers an overview of what becomes the most important challenge for legal orders today - the evolving concept of who should count for the law and why.
Author: Ngaire Naffine
Publisher: Bloomsbury Publishing
ISBN: 1847314821
Category : Law
Languages : en
Pages : 224
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Book Description
The perennial question posed by the philosophically-inclined lawyer is 'What is law?' or perhaps 'What is the nature of law?' This book poses an associated, but no less fundamental, question about law which has received much less attention in the legal literature. It is: 'Who is law for?' Whenever people go to law, they are judged for their suitability as legal persons. They are given or refused rights and duties on the basis of ideas about who matters. These ideas are basic to legal-decision making; they form the intellectual and moral underpinning of legal thought. They help to determine whether law is essentially for rational human beings or whether it also speaks to and for human infants, adults with impaired reasoning, the comotose, foetuses and even animals. Are these the right kind of beings to enter legal relationships and so become legal persons. Are they, for example, sufficiently rational, or sacred or simply human? Is law meant for them? This book reveals and evaluates the type of thinking that goes into these fundamental legal and metaphysical determinations about who should be capable of bearing legal rights and duties. It identifies and analyses four influential ways of thinking about law's person, each with its own metaphysical suppositions. One approach derives from rationalist philosophy, a second from religion, a third from evolutionary biology while the fourth is strictly legalistic and so endeavours to eschew metaphysics altogether. The book offers a clear, coherent and critical account of these complex moral and intellectual processes entailed in the making of legal persons.
Author: Samir Okasha
Publisher: Cambridge University Press
ISBN: 1139510517
Category : Science
Languages : en
Pages : 293
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Book Description
This volume explores from multiple perspectives the subtle and interesting relationship between the theory of rational choice and Darwinian evolution. In rational choice theory, agents are assumed to make choices that maximize their utility; in evolution, natural selection 'chooses' between phenotypes according to the criterion of fitness maximization. So there is a parallel between utility in rational choice theory and fitness in Darwinian theory. This conceptual link between fitness and utility is mirrored by the interesting parallels between formal models of evolution and rational choice. The essays in this volume, by leading philosophers, economists, biologists and psychologists, explore the connection between evolution and rational choice in a number of different contexts, including choice under uncertainty, strategic decision making and pro-social behaviour. They will be of interest to students and researchers in philosophy of science, evolutionary biology, economics and psychology.
Author: Wojciech Zaluski
Publisher: Edward Elgar Publishing
ISBN: 180392182X
Category : Law
Languages : en
Pages : 515
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Book Description
Adopting an evolutionary perspective, this Research Handbook presents novel and cutting-edge insights into the interdisciplinary field of legal evolution. Engaging with various scientific approaches, it provides a versatile analysis of legal evolution, examining the field as a whole as well as in the context of specific branches of law.
Author: Jerry Fodor
Publisher: Profile Books
ISBN: 1847651909
Category : Science
Languages : en
Pages : 114
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Book Description
Jerry Fodor and Massimo Piatelli-Palmarini, a distinguished philosopher and scientist working in tandem, reveal major flaws at the heart of Darwinian evolutionary theory. They do not deny Darwin's status as an outstanding scientist but question the inferences he drew from his observations. Combining the results of cutting-edge work in experimental biology with crystal-clear philosophical argument they mount a devastating critique of the central tenets of Darwin's account of the origin of species. The logic underlying natural selection is the survival of the fittest under changing environmental pressure. This logic, they argue, is mistaken. They back up the claim with evidence of what actually happens in nature. This is a rare achievement - the short book that is likely to make a great deal of difference to a very large subject. What Darwin Got Wrong will be controversial. The authors' arguments will reverberate through the scientific world. At the very least they will transform the debate about evolution.
Author: Herbert Lionel Adolphus Hart
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 263
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Book Description
