Evolutionary Theory And Legal Philosophy
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Evolutionary Theory And Legal Philosophy
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Author : Wojciech Załuski
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009
Evolutionary Theory And Legal Philosophy written by Wojciech Załuski and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Evolution categories.
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.
Evolution And Constitution
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Author : E.F. Oeser
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-06-29
Evolution And Constitution written by E.F. Oeser and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-29 with Philosophy categories.
This work for the first time brings together case law and law based on norms. It offers the reader a survey and a new explanation of evolutionary emergence of social contracts and constitutions in the European history, and should help to build a bridge between 'two cultures', science and humanities. It is addressed to philosophers of law, historians of law, theorists of science and social scientists.
Law And Evil
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Author : Wojciech Załuski
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-10-26
Law And Evil written by Wojciech Załuski and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-26 with Law categories.
Evolution And Constitution
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Author : Erhard Oeser
language : en
Publisher: Springer
Release Date : 2014-03-14
Evolution And Constitution written by Erhard Oeser and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-14 with Philosophy categories.
This work for the first time brings together case law and law based on norms. It offers the reader a survey and a new explanation of evolutionary emergence of social contracts and constitutions in the European history, and should help to build a bridge between 'two cultures', science and humanities. It is addressed to philosophers of law, historians of law, theorists of science and social scientists.
Research Handbook On Legal Evolution
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Author : Wojciech Zaluski
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-03-14
Research Handbook On Legal Evolution written by Wojciech Zaluski and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-14 with Law categories.
Adopting an evolutionary perspective, this Research Handbook presents novel and cutting-edge insights into the interdisciplinary field of legal evolution. Engaging with various scientific approaches, it provides a versatile analysis of legal evolution, examining the field as a whole as well as in the context of specific branches of law.
Law Economics And Evolutionary Theory
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Author : Peer Zumbansen
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
Law Economics And Evolutionary Theory written by Peer Zumbansen and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
Evolutionary theory belongs to the rare species of theories that are simultaneously fundamental and over-arching, implicating as it does numerous life contexts as well as an array of scholarly disciplines. Armed with a profound grasp of evolutionary theory and its implications to social research, Professors Zumbansen and Calliess have mobilized an appropriately diverse and truly stellar group of academics to investigate how this theory may provide new insights about law, economics, and their inter-relations. Cast against an especially broad intellectual backdrop set by the editors, this volume is sure to become a standard reference in literature. Amir N. Licht, Radzyner School of Law, Israel Zumbansen and Calliess have done a wonderful job in assembling papers from the leading scholars in the field, who draw on evolutionary approaches for explaining developments in both economics and the law. Anybody interested in issues of institutional change will be inspired by the wealth of ideas and the diversity of perspectives. Stefan Voigt, University of Hamburg, Germany Law and economics has arguably become one of the most influential theories in contemporary legal theory and adjudication. The essays in this volume, authored by both legal scholars and economists, constitute lively and critical engagements between law and economics and new institutional economics from the perspectives of legal and evolutionary theory. The result is a fresh look at core concepts in law and economics such as institutions , institutional change and market failure that offer new perspectives on the relationship between economic and legal governance. The increasingly transnational dimension of regulatory governance presents lawyers, economists and social scientists with an unprecedented number of complex analytical and conceptual questions. The contributions to this volume engage with legal theory, new institutional economics, economic sociology and evolutionary economics in an interdisciplinary assessment of the capacities and limits of the state, markets and institutions. Drawing as well upon legal sociology and the philosophy of law, the authors expand and transform the known terrain of law and economics by applying evolutionary theory to both law and economics from a domestic and transnational perspective. Legal scholars, evolutionary and regulatory theorists, economists, economic sociologists, economic historians and political scientists will find this cutting-edge volume both challenging and engaging.
A General Jurisprudence Of Law And Society
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Author : Brian Z. Tamanaha
language : en
Publisher: Oxford Socio-Legal Studies
Release Date : 2001
A General Jurisprudence Of Law And Society written by Brian Z. Tamanaha and has been published by Oxford Socio-Legal Studies this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
Law is generally understood to be a mirror of society that functions to maintain social order. Focusing on this general understanding, this text conducts a survey of Western legal and social theories about law and its relationship within society.
Introduction To Legal Theory
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Author : John D. Finch
language : en
Publisher:
Release Date : 1979
Introduction To Legal Theory written by John D. Finch and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Law categories.
Law S Meaning Of Life
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Author : Ngaire Naffine
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-01-06
Law S Meaning Of Life written by Ngaire Naffine and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-06 with Law categories.
The perennial question posed by the philosophically-inclined lawyer is 'What is law?' or perhaps 'What is the nature of law?' This book poses an associated, but no less fundamental, question about law which has received much less attention in the legal literature. It is: 'Who is law for?' Whenever people go to law, they are judged for their suitability as legal persons. They are given or refused rights and duties on the basis of ideas about who matters. These ideas are basic to legal-decision making; they form the intellectual and moral underpinning of legal thought. They help to determine whether law is essentially for rational human beings or whether it also speaks to and for human infants, adults with impaired reasoning, the comotose, foetuses and even animals. Are these the right kind of beings to enter legal relationships and so become legal persons. Are they, for example, sufficiently rational, or sacred or simply human? Is law meant for them? This book reveals and evaluates the type of thinking that goes into these fundamental legal and metaphysical determinations about who should be capable of bearing legal rights and duties. It identifies and analyses four influential ways of thinking about law's person, each with its own metaphysical suppositions. One approach derives from rationalist philosophy, a second from religion, a third from evolutionary biology while the fourth is strictly legalistic and so endeavours to eschew metaphysics altogether. The book offers a clear, coherent and critical account of these complex moral and intellectual processes entailed in the making of legal persons.
The World S Legal Philosophies
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Author : Fritz Berolzheimer
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2002
The World S Legal Philosophies written by Fritz Berolzheimer and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
A Solid Introduction to Legal Philosophy This lucid, wide-ranging account traces the evolution of the philosophy of law and offers an introduction to its primary authors. Berolzheimer is especially interested in the law's ability to serve as a progressive humanitarian force. This is evident, for example, in the contribution it has made to the emancipation of repressed social classes. "These fundamental questions are discussed by Dr. Berolzheimer in a work of remarkable learning... I have before me as I write the works of Stahl, Krause, and Lasson, dealing with the Philosophy of Law. They are not comparable with this volume in point of research." --Sir John Macdonell, Introduction, xxix Fritz Berolzheimer [1869-1920] was a German legal philosopher and author of the five-volume System der Rechts- und Wirtschaftsphilosophie (1904-07). This work is the second volume of that set. He was managing editor of the important philosophy of law journal, "Archiv für Rechts-und Wirtschaftsphilosophie" and president of the International Society of Legal and Economic Philosophy in Berlin. Rachel Szold Jastrow [d. 1926] was a suffragist and sister of Henrietta Szold, founder of Hadassah, the Women's Zionist Organization of America. Her husband, Joseph Jastrow, was a professor of psychology at the University of Wisconsin. Sir John Macdonell [1846-1921] was an eminent British jurist and Quain Professor of Comparative Law at University College, London. Albert Kocourek [1875-1952] was a Professor of Law at Northwestern University. CONTENTS Introduction Ch. I. Origins of Oriental Civilization Ch. II. The Ancient Commonwealth: Greek Civilization Ch. III. The Civic Empire of Ancient Rome and the Moralization of Roman Law Ch. IV. The Bondage of Mediævalism Ch. V. Civic Emancipation: The Rise and Decline of "Natural Law" Ch. VI. The Emancipation of the Proletariat. Encroachment upon the Philosophy of Law by Economic Realism Ch. VIII. The Sociological Reconstruction of Legal Philosophy