進化論と法哲学 Evolutionary Theory and Legal Philosophy

Zaluski, Wojciech

Edward Elgar Publishing Ltd（2009/09発売）

• 製本 Hardcover:ハードカバー版／ページ数 192 p.
• 言語 ENG
• 商品コード 9781848444454
• DDC分類 340.1

基本説明

Shows how economics, game theory and evolutionary theory affects our understanding of the law.

Full Description

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.

Being the first study entirely devoted to the analysis of fundamental legal-philosophical problems from the standpoint of evolutionary theory, this book is a must-read for graduate and postgraduate students, practitioners and philosophers in the field of legal philosophy.

Contents

Contents: Introduction 1. The Evolutionary View of Human Nature 2. The Ontological Question 3. The Teleological-Axiological Question 4. The Normativity Question Epilogue: The Evolutionary Current in Legal Philosophy Against a Background of Traditional Currents References Index