Evolutionary theory and legal philosophy [electronic resource] / Wojciech Załuski.
Material type:
- 9781781953075 (e-book)
- 340.1 22
- K328 .Z35 2009
Includes bibliographical references (p. 141-162) and index.
1. The evolutionary view of human nature -- 2. The ontological question -- 3. The teleological-axiological question -- 4. The normativity question.
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.