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A Biological Theory of Law

A Biological Theory of Law PDF Author: Hendrik Gommer
Publisher: Createspace Independent Pub
ISBN: 9781461094050
Category : Law
Languages : en
Pages : 188

Book Description
Our brain is a fractal structure that can grow thanks to some genes that contain a code, a formula that generates this structure. The basis of evolutionary sociology is that our brain will prompt behavior that is to the benefit of the spreading of our genes. Although people are unaware of it, they generally behave in ways that optimize the reproduction of their genes. Because they need resources from their environment (in the broadest sense of the word), they will show behavior that is conducive to procuring or securing as many resources as possible. To accomplish this mis-sion, people, being social animals, work together. The older parts of our brain (older in an evolutionary sense) make cooperation possible by means of emotion. The younger parts make it possible to formulate rules that reflect these emotions. In other words, these rules derive from factual, biological mechanisms. People experience these rules as “normative,” and as “ethical,” but even so, these rules are products of evolution. We, that is our brains, formulate them because they help our genes to spread. This, in a nutshell, is the biological theory of law as described in this book. Although philosophers of law and even sociobiologists are reluctant to concur that norms can be justified by biological mechanisms, this is what it takes to make a major step forward in the integration of biology, psychology, sociology, anthropology, and law.This book is a legalist's implicit answer to the ideas of Charles Darwin, Richard Dawkins, Richard Alexander, James Q. Wilson, Daniel Dennet, Matt Ridley, Frans de Waal, and other sociobiologists. By introducing fractals and important aspects of law, it further enhances our insights in human behavior. Free riders by heart use law to improve their reproduction, and thus feel happy.

A Biological Theory of Law

A Biological Theory of Law PDF Author: Hendrik Gommer
Publisher: Createspace Independent Pub
ISBN: 9781461094050
Category : Law
Languages : en
Pages : 188

Book Description
Our brain is a fractal structure that can grow thanks to some genes that contain a code, a formula that generates this structure. The basis of evolutionary sociology is that our brain will prompt behavior that is to the benefit of the spreading of our genes. Although people are unaware of it, they generally behave in ways that optimize the reproduction of their genes. Because they need resources from their environment (in the broadest sense of the word), they will show behavior that is conducive to procuring or securing as many resources as possible. To accomplish this mis-sion, people, being social animals, work together. The older parts of our brain (older in an evolutionary sense) make cooperation possible by means of emotion. The younger parts make it possible to formulate rules that reflect these emotions. In other words, these rules derive from factual, biological mechanisms. People experience these rules as “normative,” and as “ethical,” but even so, these rules are products of evolution. We, that is our brains, formulate them because they help our genes to spread. This, in a nutshell, is the biological theory of law as described in this book. Although philosophers of law and even sociobiologists are reluctant to concur that norms can be justified by biological mechanisms, this is what it takes to make a major step forward in the integration of biology, psychology, sociology, anthropology, and law.This book is a legalist's implicit answer to the ideas of Charles Darwin, Richard Dawkins, Richard Alexander, James Q. Wilson, Daniel Dennet, Matt Ridley, Frans de Waal, and other sociobiologists. By introducing fractals and important aspects of law, it further enhances our insights in human behavior. Free riders by heart use law to improve their reproduction, and thus feel happy.

Law and the Mind

Law and the Mind PDF Author: Margaret Gruter
Publisher:
ISBN: 9780608076829
Category :
Languages : en
Pages : 184

Book Description
A major contribution to the developing field of law and biology, this volume outlines Gruter's vision of what is particularly salient in modern biological theory for the law and applies these findings to two specific areas - family law and environmental law. By concentrating on ethology, in particular how animals behave in groups, Gruter contends that the door is opened onto insights into human law. A basic proposition of the book is that legal research and practice can keep pace more effectively with changes in human society when findings from the biological sciences are known, understood and incorporated into legal thinking and practice.

Law and the Mind

Law and the Mind PDF Author: Margaret Gruter
Publisher: SAGE Publications, Incorporated
ISBN:
Category : Education
Languages : en
Pages : 192

Book Description
A major contribution to the developing field of law and biology, this volume outlines Gruter's vision of what is particularly salient in modern biological theory for the law and applies these findings to two specific areas - family law and environmental law. By concentrating on ethology, in particular how animals behave in groups, Gruter contends that the door is opened onto insights into human law. A basic proposition of the book is that legal research and practice can keep pace more effectively with changes in human society when findings from the biological sciences are known, understood and incorporated into legal thinking and practice.

The Resurrection of Natural Law Theory

The Resurrection of Natural Law Theory PDF Author: Hendrik Gommer
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

Book Description
The job of legal scholars is to describe the structure and coherence of norms Many philosophers of law presume it is impossible to derive norms from facts. All that nature can offer is informatie, not prescription, it is said. However, such a rigourous divide will cause jurisprudence to cut itself off form new discoveries in empiric sciences. On what terms is a biological theory of law feasible? Could it meet the objections against natural law theory? Would it be possible to justify our deeds by referring to biological mechanisms? Aren't we actually doing it all the time? The author argues that biological mechanims can be morally obligatory, because not living by them is tantamount ot failure to live in a group, with the result that underlying genes will not spread. We feel we ought to live according to group moral and rules. 'Reason' and 'normative thinking' are the result of biological processes; there are no external sources.

Evolution and Constitution

Evolution and Constitution PDF Author: E.F. Oeser
Publisher: Springer
ISBN: 9789048165032
Category : Philosophy
Languages : en
Pages : 0

Book Description
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.

The Role of Theory in Advancing 21st-Century Biology

The Role of Theory in Advancing 21st-Century Biology PDF Author: National Research Council
Publisher: National Academies Press
ISBN: 030913417X
Category : Science
Languages : en
Pages : 208

Book Description
Although its importance is not always recognized, theory is an integral part of all biological research. Biologists' theoretical and conceptual frameworks inform every step of their research, affecting what experiments they do, what techniques and technologies they develop and use, and how they interpret their data. By examining how theory can help biologists answer questions like "What are the engineering principles of life?" or "How do cells really work?" the report shows how theory synthesizes biological knowledge from the molecular level to the level of whole ecosystems. The book concludes that theory is already an inextricable thread running throughout the practice of biology; but that explicitly giving theory equal status with other components of biological research could help catalyze transformative research that will lead to creative, dynamic, and innovative advances in our understanding of life.

Law and Evil

Law and Evil PDF Author: Wojciech Załuski
Publisher: Edward Elgar Publishing
ISBN: 1786436507
Category : Law
Languages : en
Pages : 219

Book Description
Law and Evilpresents an alternative evolutionary picture of man, focusing on the origins and nature of human evil, and demonstrating its useful application in legal-philosophical analyses. Using this representation of human nature, Wojciech Zaluski analyses the development of law, which he interprets as moving from evolutionary ethics to genuine ethics, as well as arguing in favour of metaethical realism and ius naturale. Zaluski argues that human nature is undoubtedly ambivalent: human beings have been endowed by natural selection with moral, immoral, and neutral tendencies (the first ambivalence), and the moral tendencies themselves are ambivalent (the second ambivalence), giving rise to an inferior form of ethics called 'evolutionary ethics' Introducing a novel distinction between two types of evil, primary and secondary, this book explores the differences between evolutionary ethics and genuine ethics in order to analyse the history of legal systems and the controversy between natural law and legal positivism. Engaging and thought-provoking, this insightful book will be vital reading for both legal scholars and philosophers, especially those of law and moral philosophy. Evolutionary biologists with an interest in a philosophical interpretation of the results of evolutionary biology will also find this book an important read.

Law, Biology and Culture

Law, Biology and Culture PDF Author: Margaret Gruter
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 232

Book Description
This book, authored by biologists, anthropologists, psychologists, sociologists, and lawyers, provides an introductory look into the process of setting up behavioral models which link biological principles, behavior, and the values of modern social and legal systems.

The Laws of Evolution and Derived Lawlike Principles

The Laws of Evolution and Derived Lawlike Principles PDF Author: Sacha Haywood
Publisher:
ISBN:
Category : Science
Languages : en
Pages : 520

Book Description
'The Laws of Evolution' questions our current understanding of the laws that govern our universe and its evolution.

The Biological Way of Thought

The Biological Way of Thought PDF Author: Morton Beckner
Publisher: Univ of California Press
ISBN:
Category :
Languages : en
Pages : 216

Book Description