Evolutionary theory and legal philosophy

Bibliographic Information

Evolutionary theory and legal philosophy

Wojciech Zaluski

Edward Elgar, c2009

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Includes bibliographical references (p. 141-162) and index

Description and Table of Contents

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.

Table of Contents

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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