David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
The main objective of this article is to take the first step towards making evolutionary theory "our own discipline," by elevating evolutionary theory from the status of "cousin" to one of "sibling" (or at least "in-laws") of the legal family. The focus in particular is to understand why, despite the fact that the evolutionary theory approach to law (or "evolutionary theory and law") has been present quite a while in the legal scholar's discussion, the legal world at large has left it at the front step of the legal house. Based on this analysis, the task is also to evaluate whether it is possible, after certain adjustments, to invite evolutionary theory into the larger family of legal thinking, in particular as part of the legal theories of law-making (as "legal evolutionary theory").
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
|Through your library||Only published papers are available at libraries|
Similar books and articles
Aulis Aarnio (1978). Legal Point of View: Six Essays on Legal Philosophy. Helsingin Yliopisto.
William S. Cooper (2001). The Evolution of Reason: Logic as a Branch of Biology. Cambridge University Press.
Walter J. Bock (2010). Multiple Explanations in Darwinian Evolutionary Theory. Acta Biotheoretica 58 (1).
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
David L. Hull (1999). The Use and Abuse of Sir Karl Popper. Biology and Philosophy 14 (4):481-504.
Brian Z. Tamanaha (1997). Realistic Socio-Legal Theory: Pragmatism and a Social Theory of Law. Oxford University Press.
Robert P. George (ed.) (1996). The Autonomy of Law: Essays on Legal Positivism. Oxford University Press.
Thom Brooks (2007). Between Natural Law and Legal Positivism: Dworkin and Hegel on Legal Theory. Georgia State University Law Review 23 (3):513-60.
Thom Brooks (2005). Hegel's Ambiguous Contribution to Legal Theory. Res Publica 11 (1):85-94.
F. Atria (1999). Legal Reasoning and Legal Theory Revisited. Law and Philosophy 18 (5):537-577.
Added to index2009-01-28
Total downloads5 ( #175,930 of 1,004,692 )
Recent downloads (6 months)1 ( #64,743 of 1,004,692 )
How can I increase my downloads?