Download or read book A Biological Theory of Law written by Hendrik Gommer and published by Createspace Independent Pub. This book was released on 2011 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Law and the Mind written by Margaret Gruter and published by . This book was released on 1991 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Law and the Mind written by Margaret Gruter and published by SAGE Publications, Incorporated. This book was released on 1991-02-21 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Resurrection of Natural Law Theory written by Hendrik Gommer and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Evolution and Constitution written by E.F. Oeser and published by Springer. This book was released on 2010-12-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Darwinian Natural Right written by Larry Arnhart and published by State University of New York Press. This book was released on 1998-04-02 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows how Darwinian biology supports an Aristotelian view of ethics as rooted in human nature. Defending a conception of "Darwinian natural right" based on the claim that the good is the desirable, the author argues that there are at least twenty natural desires that are universal to all human societies because they are based in human biology. The satisfaction of these natural desires constitutes a universal standard for judging social practice as either fulfilling or frustrating human nature, although prudence is required in judging what is best for particular circumstances. The author studies the familial bonding of parents and children and the conjugal bonding of men and women as illustrating social behavior that conforms to Darwinian natural right. He also studies slavery and psychopathy as illustrating social behavior that contradicts Darwinian natural right. He argues as well that the natural moral sense does not require religious belief, although such belief can sometimes reinforce the dictates of nature.
Download or read book Law and Evil written by Wojciech Załuski and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law Biology and Culture written by Margaret Gruter and published by . This book was released on 1983 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Laws of Evolution and Derived Lawlike Principles written by Sacha Haywood and published by . This book was released on 2007 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Laws of Evolution' questions our current understanding of the laws that govern our universe and its evolution.
Download or read book The Evolution of Reason written by William S. Cooper and published by Cambridge University Press. This book was released on 2001 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The formal systems of logic have ordinarily been regarded as independent of biology, but recent developments in evolutionary theory suggest that biology and logic may be intimately interrelated. In this book, William Cooper outlines a theory of rationality in which logical law emerges as an intrinsic aspect of evolutionary biology. This biological perspective on logic, though at present unorthodox, could change traditional ideas about the reasoning process. Cooper examines the connections between logic and evolutionary biology and illustrates how logical rules are derived directly from evolutionary principles, and therefore have no independent status of their own. Laws of decision theory, utility theory, induction, and deduction are reinterpreted as natural consequences of evolutionary processes. Cooper's connection of logical law to evolutionary theory ultimately results in a unified foundation for an evolutionary science of reason. It will be of interest to professionals and students of philosophy of science, logic, evolutionary theory, and cognitive science.
Download or read book The Biological Way of Thought written by Morton Beckner and published by Univ of California Press. This book was released on with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Natural Law Theory written by Tom Angier and published by Cambridge University Press. This book was released on 2021-09-16 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Section 1, I outline the history of natural law theory, covering Plato, Aristotle, the Stoics and Aquinas. In Section 2, I explore two alternative traditions of natural law, and explain why these constitute rivals to the Aristotelian tradition. In Section 3, I go on to elaborate a via negativa along which natural law norms can be discovered. On this basis, I unpack what I call three 'experiments in being', each of which illustrates the cogency of this method. In Section 4, I investigate and rebut two seminal challenges to natural law methodology, namely, the fact/value distinction in metaethics and Darwinian evolutionary biology. In Section 5, I then outline and criticise the 'new' natural law theory, which is an attempt to revise natural law thought in light of the two challenges above. I conclude, in Section 6, with a summary and some reflections on the prospects for natural law theory.
Download or read book Biology s First Law written by Daniel W. McShea and published by University of Chicago Press. This book was released on 2010-07-15 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Life on earth is characterized by three striking phenomena that demand explanation: adaptation—the marvelous fit between organism and environment; diversity—the great variety of organisms; and complexity—the enormous intricacy of their internal structure. Natural selection explains adaptation. But what explains diversity and complexity? Daniel W. McShea and Robert N. Brandon argue that there exists in evolution a spontaneous tendency toward increased diversity and complexity, one that acts whether natural selection is present or not. They call this tendency a biological law—the Zero-Force Evolutionary Law, or ZFEL. This law unifies the principles and data of biology under a single framework and invites a reconceptualization of the field of the same sort that Newton’s First Law brought to physics. Biology’s First Law shows how the ZFEL can be applied to the study of diversity and complexity and examines its wider implications for biology. Intended for evolutionary biologists, paleontologists, and other scientists studying complex systems, and written in a concise and engaging format that speaks to students and interdisciplinary practitioners alike, this book will also find an appreciative audience in the philosophy of science.
Download or read book The Anatomy of Violence written by Adrian Raine and published by Pantheon. This book was released on 2013 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provocative and timely: a pioneering neurocriminologist introduces the latest biological research into the causes of--and potential cures for--criminal behavior. With an 8-page full-color insert, and black-and-white illustrations throughout.
Download or read book What Makes Biology Unique written by Ernst Mayr and published by Cambridge University Press. This book was released on 2007-04-16 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, a collection of essays written by the most eminent evolutionary biologist of the twentieth century, explores biology as an autonomous science, offers insights on the history of evolutionary thought, critiques the contributions of philosophy to the science of biology, and comments on several of the major ongoing issues in evolutionary theory. Notably, Mayr explains that Darwin's theory of evolution is actually five separate theories, each with its own history, trajectory and impact. Natural selection is a separate idea from common descent, and from geographic speciation, and so on. A number of the perennial Darwinian controversies may well have been caused by the confounding of the five separate theories into a single composite. Those interested in evolutionary theory, or the philosophy and history of science will find useful ideas in this book, which should appeal to virtually anyone with a broad curiosity about biology.
Download or read book Evolutionary Jurisprudence written by John H. Beckstrom and published by . This book was released on 1989 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Thou Shalt Not Share Biological Notions in Intellectual Property Law written by Hendrik Gommer and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Music companies do not want to share the music they own without being recompensed. As P2P users do not pay for copyrighted music, they infringe copyright law. However, P2P users claim that music companies are “intermeddling usurpers” that initiate lawsuits against fans and enrich themselves through “unfair domination over audiences”. James Grimmelmann argues that the claims of either side as well as a number of other claims are essentially rhetorical constructs: “Perhaps philosophers might try to give one of those claims a firm grounding.” In this article this problem of grounding is analyzed from the biological law theory perspective that was described in A Biological Theory of Law. According to that theory, our ethical considerations are based on the reproductive potential of our genes. As that potential is highest when we cooperate in groups, we should seek (and find) this ethical foundation in how group behavior can optimize survival. The theory connects to one of the assumptions of game theory Oliver Goodenough and Gregory Decker refer to, namely “that our social judgments are often rooted in dilemmas around cooperative opportunities”. Society needs creators to develop. It also needs creations to be imitated and shared. This is why it is as important to honor and reward the creators as it is to imitate and share their work. The default ethical vision of copyright law is that exchanges must be “voluntary on both sides, reciprocal and respectful”. At the same time creators are expected to share their new discoveries. Music companies are facilitators, not creators. They are in the trading business, so they need to be smart about how they trade their goods. In the 1970s it was smart to make albums that could not be copied easily (LPs). Nowadays it is smart to use the Internet as an outlet. Sharing is fundamental to people and it cannot easily be suppressed. In addition, the goal of United States Constitution is “to promote the progress of science and useful arts”. To that end, creators need to be honored and rewarded. Lawsuits against P2P sharers or facilitators will be counterproductive. Biological law theory predicts that the prohibition of P2P sharing (or of facilitating P2P sharing) will eventually not hold. It runs counter to strong biological urges and predispositions that bind society together. Music companies should develop smart alternative trade systems for making money with the products of our honored creators.
