David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Ratio Juris 25 (1):59-84 (2012)
This paper contends that law is in essence an evolutionary phenomenon that can, and indeed should, be studied in the light of biological mechanisms. Law can be seen as an extended phenotype of underlying genes. In addition, legal systems can be seen as congruous to genetic mechanisms. Properties of genes have an impact on legal systems in a fractal-like manner. Hence, it is not surprising that notions of stability, replication, and reciprocity that are important in biological systems will also be important in legal systems. As a result legal systems can be constructed in a way that is congruent with the genetic advantage of group members. Law, exposure, and punishment can diminish deviant behaviour and restore balance. Law may not be particularly subject to natural selection, but it will certainly be built on the foundations of natural selection
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
Richard Alexander (1987). The Biology of Moral Systems. Aldine de Gruyter.
Jesse M. Bering (2006). The Folk Psychology of Souls. Behavioral and Brain Sciences 29 (5):453-+.
Christopher Boehm (2004). Explaining the Prosocial Side of Moral Communities. In Phillip Clayton & Jeffrey Schloss (eds.), Evolution and Ethics: Human Morality in Biological and Religious Perspective. Wm. B. Eerdmans Publishing Co.. 78--100.
F. B. M. de Waal (1996). Good Natured: The Origins of Right and Wrong in Humans and Other Animals. Harvard University Press.
Citations of this work BETA
No citations found.
Similar books and articles
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
Gerard Casey (2010). Where Does Law Come From? Philosophical Inquiry 32 (3-4):85-92.
Robert C. Hughes (2013). Law and Coercion. Philosophy Compass 8 (3):231-240.
Pheng Cheah, David Fraser & Judith Grbich (eds.) (1996). Thinking Through the Body of the Law. New York University Press.
John Linarelli (2009). Analytical Jurisprudence and the Concept of Commercial Law. Penn State Law Review 114 (1):119-215.
David Delaney (2003). Law and Nature. Cambridge University Press.
G. K. D. Crozier (2008). Reconsidering Cultural Selection Theory. British Journal for the Philosophy of Science 59 (3):455-479.
Niklas Luhmann (2008). Law as a Social System. Oup Oxford.
Elliot N. Dorff (2007). For the Love of God and People: A Philosophy of Jewish Law. The Jewish Publication Society.
Owen J. Anderson (2012). The Natural Moral Law: The Good After Modernity. Cambridge University Press.
Theodore M. Benditt (1978). Law as Rule and Principle: Problems of Legal Philosophy. Stanford University Press.
Lindell Bromham (2011). Wandering Drunks and General Lawlessness in Biology: Does Diversity and Complexity Tend to Increase in Evolutionary Systems? Biology and Philosophy 26 (6):915-933.
Added to index2012-02-23
Total downloads16 ( #118,429 of 1,679,339 )
Recent downloads (6 months)2 ( #112,111 of 1,679,339 )
How can I increase my downloads?