Book contents
- Frontmatter
- Contents
- Preface
- I Legal Implications of Medical Advances
- II Evolutionary Approach to the Normativity of Law
- 5 Some Remarks on the Naturalization of Law
- 6 Revisiting ‘Equality in Exchange Revisited’: Contemporary Evolutionary (Genetic and Cultural) Approaches to Human Behaviour and the Normativity of Law
- 7 Legal Positivism and Evolutionary Psychology: Can Legal Positivists Learn Something from Darwin?
- 8 Neurolaw. A New Paradigm in Legal Philosophy
- 9 The Question of Non Human Primates Morality
- 10 Animals as Moral Agents
- III Appendix
- About the Authors
7 - Legal Positivism and Evolutionary Psychology: Can Legal Positivists Learn Something from Darwin?
from II - Evolutionary Approach to the Normativity of Law
Published online by Cambridge University Press: 05 September 2014
- Frontmatter
- Contents
- Preface
- I Legal Implications of Medical Advances
- II Evolutionary Approach to the Normativity of Law
- 5 Some Remarks on the Naturalization of Law
- 6 Revisiting ‘Equality in Exchange Revisited’: Contemporary Evolutionary (Genetic and Cultural) Approaches to Human Behaviour and the Normativity of Law
- 7 Legal Positivism and Evolutionary Psychology: Can Legal Positivists Learn Something from Darwin?
- 8 Neurolaw. A New Paradigm in Legal Philosophy
- 9 The Question of Non Human Primates Morality
- 10 Animals as Moral Agents
- III Appendix
- About the Authors
Summary
After the Critical Legal Studies and the Law and Economics movement, “Law and Evolutionary Biology” seems well on its way to becoming all the rage in American law schools and the wave could well spill over into European law faculties. That evolutionary theory will eventually revolutionize legal thinking may not be as obvious as the most enthusiastic advocates of the new creed would like to believe. However, the movement has already spawned a rapidly expanding literature, which suggests that lawyers and legal academics may have something useful to learn from Darwin and his twenty-first century disciples. Skimming over the last batch of journal articles and monographs reveals that insofar as scholars regard evolutionary biology as a source of potential insights for the law it is primarily as a source of insights for law-making or for the normative discipline of legal philosophy. The relevance of evolutionary thinking for law is in answering questions such as ‘How can evolutionary biology help us design better, more efficient legal rules?’ or ‘What values and political philosophy can the law effectively realize given what evolution says about human nature?’ As those questions suggest, the concept of law implicit in the work of those who purport to explore the interconnections between law and evolutionary theory is essentially normative.
- Type
- Chapter
- Information
- Studies in the Philosophy of LawLaw and Biology, pp. 103 - 124Publisher: Jagiellonian University PressPrint publication year: 2010