Evolutionary theory and legal philosophy
著者
書誌事項
Evolutionary theory and legal philosophy
Edward Elgar, c2009
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注記
Includes bibliographical references (p. 141-162) and index
内容説明・目次
内容説明
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.
目次
Contents: Introduction 1. The Evolutionary View of Human Nature 2. The Ontological Question 3. The Teleological-Axiological Question 4. The Normativity Question Epilogue: The Evolutionary Current in Legal Philosophy Against a Background of Traditional Currents References Index
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