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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: 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: 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: E.F. Oeser
Publisher: Springer Science & Business Media
ISBN: 9401715025
Category : Philosophy
Languages : en
Pages : 222
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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: 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: 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: Herbert Lionel Adolphus Hart
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 263
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Book Description
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: 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: 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.
