Access this book
Tax calculation will be finalised at checkout
Other ways to access
Table of contents (4 chapters)
Keywords
About this book
Evolutionary approach to law had been advocated already at the time of Darwin by English ethnologists of law like Sumner Maine and American anthropologists like Morgan. The present work is an attempt to apply evolutionary thought to the continental legal philosophy and juristic methodology. Although in the 19th century the idea of an evolution of law was present also on the continent it was burdened with reproaches of social Darwinism (proved nowadays as unreasonable). Grounds for the negotiability of evolutionary approach to complex social systems are provided by the latest research in evolutionary theory of cognition and evolutionary ethics as well as by the theory of complex systems in the sense of Friedrich von Hayek.
This book provides a profounder (conformable to the biological theory of evolution) explanatory basis not only for anthropology and history of law but also for juristic methodology. In addition it offers a practical model of juristic argumentation processes, illustrated by many examples.
Authors and Affiliations
Bibliographic Information
Book Title: Evolution and Constitution
Book Subtitle: The Evolutionary Selfconstruction of Law
Authors: Erhard Oeser
Series Title: Theory and Decision Library A:
DOI: https://doi.org/10.1007/978-94-017-1502-7
Publisher: Springer Dordrecht
-
eBook Packages: Springer Book Archive
Copyright Information: Springer Science+Business Media Dordrecht 2003
Hardcover ISBN: 978-1-4020-1784-1Published: 30 November 2003
Softcover ISBN: 978-90-481-6503-2Published: 06 December 2010
eBook ISBN: 978-94-017-1502-7Published: 29 June 2013
Series ISSN: 0921-3384
Series E-ISSN: 2352-2119
Edition Number: 1
Number of Pages: XI, 212
Number of Illustrations: 42 b/w illustrations
Topics: Philosophy, general, Logic, History, general, Private International Law, International & Foreign Law, Comparative Law, Theories of Law, Philosophy of Law, Legal History