Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-dh8gc Total loading time: 0 Render date: 2024-11-16T15:20:58.620Z Has data issue: false hasContentIssue false

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

Arthur Dyevre
Affiliation:
Centro de Estudios Politicos y Constitucionales (CEPC)
Get access

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 Law
Law and Biology
, pp. 103 - 124
Publisher: Jagiellonian University Press
Print publication year: 2010

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×