The Evolutionary Selfconstruction of Law

The theory of evolution and the constitution are the first time to summarize the law based on case law and norms. It provides the reader with a new interpretation of the survey and evolution of social contract and constitution in the history of Europe, and - after all - "bilateral", filling the gap between science and humanities You should help.

In the era of Darwin, British ethnologists like Sumner Maine and American anthropologists like Morgan have advocated methods of evolutionary theory. The current job is to apply the idea of ​​evolution to the continental legal philosophy and legal methodology. In the 19th century, the concept of law evolution also appeared on the continent of Africa, but it owed criticism of social Darwinism (now proved to be irrational). The reasons for negotiability of complex social system evolution methods are provided by the latest research in cognitive evolution theory and evolutionary ethics and complex system theory in the meaning of Friedrich von Hayek.

This book provides a more appropriate basis for the history of anthropology and law history, and the history of legal methodology (along with biological evolution). In addition, it provides a practical legal discussion process model, which is described in many examples.

Evolutionary psychology is widely used in research fields such as English literature, consumer survey, law. (For discussion of literature and law see Buss 2005, Saad 2007 for details on evolutionary psychology and consumer research.) In these contexts, evolutionary psychology is often a practitioner promoting the development of related fields It is introduced as a resource for. Philosophers critically answered some of these applications of evolutionary psychology. One problem is that evolutionary psychology is often confused with evolution or evolution (see, for example, Leiter and Weisberg 2009 and Downes 2013). The discussion discussed in Section 4 above reveals a large discrepancy between evolutionary theorists and evolutionary psychologists about the correct interpretation of evolution. For example, Gad Saad (2007) believes that consumer surveys benefit from improved adaptive thought.

Some of the important tasks for the description of human evolutionistic psychology (and law doctrine) come from similar questions that generally encourage criticism against evolutionary psychology. Section 4 shows that the discussion of evolutionary psychology is based on the difference between the characterization method of adaptation and the role of variation in evolution. Some critics have condemned evolutionary psychologists of the hypothesis that adaptation can not keep changing. The criticism of Buller (2005) for human descriptions by evolutionist psychologists also caused fluctuations (Hull 1986; and Sober 1980). The idea here is that humans, as with all creatures, exhibit numerous variations including morphology, physiology, behavioral and cultural variability (see Amundson 2000). Buehler believes that the evolutionary psychology of humanity can not explain why it ignores all such changes (cf

From an evolutionary point of view, indeed, many laws are the foundation of human behavior. Two of the most basic ones are "action adaptation" and "evolution mismatch" (from natural selection rules that naturally select the nature of organisms that are more likely to be selected naturally in the end It is related to. There is. Importantly, these are just a few of the rules the evolutionary psychologist records as a potential human behavior phenomenon.