Law, Economics and Evolutionary Theory

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Publisher : Edward Elgar Publishing
ISBN 13 : 1849808988
Total Pages : 385 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Law, Economics and Evolutionary Theory by : Peer Zumbansen

Download or read book Law, Economics and Evolutionary Theory written by Peer Zumbansen and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Evolutionary Theory and Legal Philosophy

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Publisher : Edward Elgar Publishing
ISBN 13 : 9781848444454
Total Pages : 0 pages
Book Rating : 4.4/5 (444 download)

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Book Synopsis Evolutionary Theory and Legal Philosophy by : Wojciech Załuski

Download or read book Evolutionary Theory and Legal Philosophy written by Wojciech Załuski and published by Edward Elgar Publishing. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law/Society

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Publisher : Pine Forge Press
ISBN 13 : 9780761987055
Total Pages : 324 pages
Book Rating : 4.9/5 (87 download)

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Book Synopsis Law/Society by : John Sutton

Download or read book Law/Society written by John Sutton and published by Pine Forge Press. This book was released on 2001 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: A core text for the Law and Society or Sociology of Law course offered in Sociology, Criminal Justice, Political Science, and Schools of Law. * John Sutton offers an explicitly analytical perspective to the subject - how does law change? What makes law more or less effective in solving social problems? What do lawyers do? * Chapter 1 contrasts normative and sociological perspectives on law, and presents a brief primer on the logic of research and inference as it is applied to law related issues. * Theories of legal change are discussed within a common conceptual framework that highlights the explantory strengths and weaknesses of different arguments. * Discussions of "law in action" are explicitly comparative, applying a consistent model to explain the variable outcomes of civil rights legislation. * Many concrete, in-depth examples throughout the chapters.

Evolutionary Jurisprudence

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Publisher :
ISBN 13 :
Total Pages : 160 pages
Book Rating : 4.4/5 (91 download)

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Book Synopsis Evolutionary Jurisprudence by : John H. Beckstrom

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:

Evolutionary Interpretation and International Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509929908
Total Pages : 412 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Evolutionary Interpretation and International Law by : Georges Abi-Saab

Download or read book Evolutionary Interpretation and International Law written by Georges Abi-Saab and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner. This timely, authoritative compendium offers an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current trends and future challenges.

Law and Evil

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Publisher : Edward Elgar Publishing
ISBN 13 : 1786436507
Total Pages : 219 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Law and Evil by : Wojciech Załuski

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 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Evolution and the Common Law

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Publisher : Cambridge University Press
ISBN 13 : 9781139444934
Total Pages : 314 pages
Book Rating : 4.4/5 (449 download)

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Book Synopsis Evolution and the Common Law by : Allan C. Hutchinson

Download or read book Evolution and the Common Law written by Allan C. Hutchinson and published by Cambridge University Press. This book was released on 2005-04-04 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a radical challenge to accounts of the common law's development. Contrary to received jurisprudential wisdom, it maintains there is no grand theory which will explain satisfactorily the dynamic interactions of change and stability in the common law's history. Offering original readings of Charles Darwin's and Hans-Georg Gadamer's works, the book shows that law is a rhetorical activity that can only be properly appreciated in its historical and political context; tradition and transformation are locked in a mutually reinforcing but thoroughly contingent embrace. In contrast to the dewy-eyed offerings of much contemporary work, it demonstrates that, like life, law is an organic process (i.e., events are the products of functional and localized causes) rather than a miraculous one (i.e., events are the result of some grand plan or intervention). In short, common law is a perpetual work-in-progress - evanescent, dynamic, messy, productive, tantalising, and bottom-up.

Evolution and Constitution

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Publisher : Springer Science & Business Media
ISBN 13 : 9781402017841
Total Pages : 260 pages
Book Rating : 4.0/5 (178 download)

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Book Synopsis Evolution and Constitution by : Erhard Oeser

Download or read book Evolution and Constitution written by Erhard Oeser and published by Springer Science & Business Media. This book was released on 2003-11-30 with total page 260 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.

The Evolution of EU Law

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Publisher :
ISBN 13 : 0199592969
Total Pages : 985 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Evolution of EU Law by : Paul P. Craig

Download or read book The Evolution of EU Law written by Paul P. Craig and published by . This book was released on 2011 with total page 985 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union has undergone major changes in the last decade, including Treaty reform, and a significant expansion of activity in foreign and security policy, and justice and home affairs. In the first edition of this influential textbook, a team of leading lawyers and political scientists reflected upon the important developments in their chosen area over the time since the EC was formed. This new edition continues this analysis ten years on. Taking into account the social and political background, and without losing sight of the changes that came before, in each chapter the contributors analyze the principle themes and assess the legal and political forces that have shaped its development. Each author addresses a specific topic, event, or theme, from the European Court of Justice to Treaty reform; the enlargement of the EU to administrative law; the effect of EU law on culture to climate change. Together the chapters tell the story of the rapid development of EU law - its past, present, and future.

Jurisprudence

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Publisher : Cambridge University Press
ISBN 13 : 1107612578
Total Pages : 433 pages
Book Rating : 4.1/5 (76 download)

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Book Synopsis Jurisprudence by : Suri Ratnapala

Download or read book Jurisprudence written by Suri Ratnapala and published by Cambridge University Press. This book was released on 2013-09-30 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a comprehensive overview of legal theory and philosophy and demystifies the discipline's major ideas and debates.

Jurisprudence

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Publisher : Cambridge University Press
ISBN 13 : 1107292697
Total Pages : 433 pages
Book Rating : 4.1/5 (72 download)

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Book Synopsis Jurisprudence by : Suri Ratnapala

Download or read book Jurisprudence written by Suri Ratnapala and published by Cambridge University Press. This book was released on 2013-09-30 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisprudence offers a comprehensive overview of legal theory and philosophy. Written in plain English, it examines and demystifies the discipline's major ideas, promoting a deeper understanding of the social, moral and economic dimensions of the law. It critically assesses the major schools of jurisprudential thought throughout history and to the present, from Plato and Aristotle to Enlightenment thinkers, postmodernists and economic analysts. The book challenges students to reconsider their moral intuitions in light of established theories. This edition examines recent debates and literature in legal philosophy. It features new material on scientific advances in cognition and human behaviour in relation to the law. The book expands significantly on its discussion of natural law theory, evolutionary jurisprudence and theories of justice. Special attention is paid to the revival of theological natural law, challenges to legal positivism, assessments of Scandinavian realism and critiques of law and economics from the Austrian economic perspective.

The Evolutionary Interpretation of Treaties

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Publisher :
ISBN 13 : 0198716141
Total Pages : 241 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Evolutionary Interpretation of Treaties by : Eirik Bjørge

Download or read book The Evolutionary Interpretation of Treaties written by Eirik Bjørge and published by . This book was released on 2014 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: If a treaty from the 1850s regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted 150 years later, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was agreed? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over 50 years old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the general rule of interpretation, as codified in Article 31 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treaties - in common with all other types of interpretation such as good faith, the text of the treaty, context, object and purpose - is in fact a based upon an objective understanding of the intention of the parties. In order to marry intention and evolution in this way, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Article 31 and, on the other, that Article 31 is geared towards the establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.

Evolutionary Interpretation and International Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509929894
Total Pages : 391 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Evolutionary Interpretation and International Law by : Georges Abi-Saab

Download or read book Evolutionary Interpretation and International Law written by Georges Abi-Saab and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner. This timely, authoritative compendium offers an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current trends and future challenges.

The Handbook of Evolutionary Psychology

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Publisher : John Wiley & Sons
ISBN 13 : 0471727229
Total Pages : 1057 pages
Book Rating : 4.4/5 (717 download)

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Book Synopsis The Handbook of Evolutionary Psychology by : David M. Buss

Download or read book The Handbook of Evolutionary Psychology written by David M. Buss and published by John Wiley & Sons. This book was released on 2005-07-15 with total page 1057 pages. Available in PDF, EPUB and Kindle. Book excerpt: The foundations of practice and the most recent discoveries intheintriguing newfield of evolutionary psychology Why is the mind designed the way it is? How does input from theenvironment interact with the mind to produce behavior? By takingaim at such questions, the science of evolutionary psychology hasemerged as a vibrant new discipline producing groundbreakinginsights. In The Handbook of Evolutionary Psychology,leading contributors discuss the foundations of the field as wellas recent discoveries currently shaping this burgeoning area ofpsychology. Guided by an editorial board made up of such luminaries as LedaCosmides, John Tooby, Don Symons, Steve Pinker, Martin Daly, MargoWilson, and Helena Cronin, the text's chapters delve into acomprehensive range of topics, covering the full range of thediscipline: Foundations of evolutionary psychology Survival Mating Parenting and kinship Group living Interfaces with traditional disciplines of evolutionarypsychology And interfaces across disciplines. In addition to an in-depth survey of the theory and practice ofevolutionary psychology, the text also features an enlighteningdiscussion of this discipline in the context of the law, medicine,and culture. An Afterword by Richard Dawkins provides some finalthoughts from the renowned writer and exponent of evolutionarytheory. Designed to set the standard for handbooks in the field,The Handbook of Evolutionary Psychology is an indispensablereference tool for every evolutionary psychologist and student.

Research Handbook on Legal Evolution

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Publisher : Edward Elgar Publishing
ISBN 13 : 180392182X
Total Pages : 515 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis Research Handbook on Legal Evolution by : Wojciech Zaluski

Download or read book Research Handbook on Legal Evolution written by Wojciech Zaluski and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Keeping Pace with Change: Fintech and the Evolution of Commercial Law

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Author :
Publisher : International Monetary Fund
ISBN 13 : 1616358750
Total Pages : 31 pages
Book Rating : 4.6/5 (163 download)

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Book Synopsis Keeping Pace with Change: Fintech and the Evolution of Commercial Law by : International Monetary Fund

Download or read book Keeping Pace with Change: Fintech and the Evolution of Commercial Law written by International Monetary Fund and published by International Monetary Fund. This book was released on 2022-01-27 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.

Evolution and Revolution in Theories of Legal Reasoning

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Author :
Publisher : Taylor & Francis
ISBN 13 : 9780815326588
Total Pages : 400 pages
Book Rating : 4.3/5 (265 download)

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Book Synopsis Evolution and Revolution in Theories of Legal Reasoning by : Scott Brewer

Download or read book Evolution and Revolution in Theories of Legal Reasoning written by Scott Brewer and published by Taylor & Francis. This book was released on 1998 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: