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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: E.F. Oeser
Publisher: Springer Science & Business Media
ISBN: 9401715025
Category : Philosophy
Languages : en
Pages : 212
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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 :
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Book Description
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: Peer Zumbansen
Publisher: Edward Elgar Publishing
ISBN: 1849808988
Category : Law
Languages : en
Pages : 385
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Book Description
Evolutionary theory belongs to the rare species of theories that are simultaneously fundamental and over-arching, implicating as it does numerous life contexts as well as an array of scholarly disciplines. Armed with a profound grasp of evolutionary theory and its implications to social research, Professors Zumbansen and Calliess have mobilized an appropriately diverse and truly stellar group of academics to investigate how this theory may provide new insights about law, economics, and their inter-relations. Cast against an especially broad intellectual backdrop set by the editors, this volume is sure to become a standard reference in literature. Amir N. Licht, Radzyner School of Law, Israel Zumbansen and Calliess have done a wonderful job in assembling papers from the leading scholars in the field, who draw on evolutionary approaches for explaining developments in both economics and the law. Anybody interested in issues of institutional change will be inspired by the wealth of ideas and the diversity of perspectives. Stefan Voigt, University of Hamburg, Germany Law and economics has arguably become one of the most influential theories in contemporary legal theory and adjudication. The essays in this volume, authored by both legal scholars and economists, constitute lively and critical engagements between law and economics and new institutional economics from the perspectives of legal and evolutionary theory. The result is a fresh look at core concepts in law and economics such as institutions , institutional change and market failure that offer new perspectives on the relationship between economic and legal governance. The increasingly transnational dimension of regulatory governance presents lawyers, economists and social scientists with an unprecedented number of complex analytical and conceptual questions. The contributions to this volume engage with legal theory, new institutional economics, economic sociology and evolutionary economics in an interdisciplinary assessment of the capacities and limits of the state, markets and institutions. Drawing as well upon legal sociology and the philosophy of law, the authors expand and transform the known terrain of law and economics by applying evolutionary theory to both law and economics from a domestic and transnational perspective. Legal scholars, evolutionary and regulatory theorists, economists, economic sociologists, economic historians and political scientists will find this cutting-edge volume both challenging and engaging.
Author: Erhard Oeser
Publisher: Springer
ISBN: 9789401715034
Category : Philosophy
Languages : en
Pages : 212
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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: Winfried Henke
Publisher: Springer Science & Business Media
ISBN: 3540324747
Category : Science
Languages : en
Pages : 2057
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Book Description
This 3-volume handbook brings together contributions by the world ́s leading specialists that reflect the broad spectrum of modern palaeoanthropology, thus presenting an indispensable resource for professionals and students alike. Vol. 1 reviews principles, methods, and approaches, recounting recent advances and state-of-the-art knowledge in phylogenetic analysis, palaeoecology and evolutionary theory and philosophy. Vol. 2 examines primate origins, evolution, behaviour, and adaptive variety, emphasizing integration of fossil data with contemporary knowledge of the behaviour and ecology of living primates in natural environments. Vol. 3 deals with fossil and molecular evidence for the evolution of Homo sapiens and its fossil relatives.
Author: Richard Joyce
Publisher: MIT Press
ISBN: 0262263254
Category : Philosophy
Languages : en
Pages : 285
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Book Description
Moral thinking pervades our practical lives, but where did this way of thinking come from, and what purpose does it serve? Is it to be explained by environmental pressures on our ancestors a million years ago, or is it a cultural invention of more recent origin? In The Evolution of Morality, Richard Joyce takes up these controversial questions, finding that the evidence supports an innate basis to human morality. As a moral philosopher, Joyce is interested in whether any implications follow from this hypothesis. Might the fact that the human brain has been biologically prepared by natural selection to engage in moral judgment serve in some sense to vindicate this way of thinking—staving off the threat of moral skepticism, or even undergirding some version of moral realism? Or if morality has an adaptive explanation in genetic terms—if it is, as Joyce writes, "just something that helped our ancestors make more babies"—might such an explanation actually undermine morality's central role in our lives? He carefully examines both the evolutionary "vindication of morality" and the evolutionary "debunking of morality," considering the skeptical view more seriously than have others who have treated the subject. Interdisciplinary and combining the latest results from the empirical sciences with philosophical discussion, The Evolution of Morality is one of the few books in this area written from the perspective of moral philosophy. Concise and without technical jargon, the arguments are rigorous but accessible to readers from different academic backgrounds. Joyce discusses complex issues in plain language while advocating subtle and sometimes radical views. The Evolution of Morality lays the philosophical foundations for further research into the biological understanding of human morality.
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: 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.
