Law Magazines
The Law Magazine and Law Review: Or, Quarterly Journal of Jurisprudence, Volume 27
Anonymous (Paperback) Nabu Press 2010-01-12
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Ronald Dworkin, professor of jurisprudence at University College London and the New York University School of Law, delivers the inaugural Frederic ...
Visiting Faculty Fellow and Lecturer Deborah Pearlstein debates Ilya Shapiro, senior fellow in constitutional studies at the Cato Institute. Event ...
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Orange County Lawyers Chapter of the Federalist Society: How the ...
Is Professor of Philosophy and Church-State Studies at Baylor University . With his appointment in the Department of Philosophy, he also teaches courses in the Departments of Political Science and Religion as well as the J. M. Dawson Institute of Church-State Studies, where he served as its Associate Director from July 2003 until January 2007. He is also a Resident Scholar in Baylor's Institute for Studies of Religion (ISR) .
Evolutionary legal theories
The traditional Western legal idea that human laws are subject to higher or natural laws began to be more deeply challenged when jurists and intellectuals perceived Charles Darwin’s theory of biological evolution as somehow endorsing a materialistic worldview in which law becomes a mere product of human will and/or social struggle. This is why Darwinism may be considered to be one of the major forces leading to the discrediting of natural law theory, particularly during the late nineteenth and early twentieth centuries. This article aims to analyse the wide-ranging impact of Darwinian evolution on Western conceptions of law.
How one defines law depends greatly on what one believes. The definition of law varies from culture to culture, religion to religion, and from philosophy to philosophy. It is important therefore to consider how different worldviews affect the way people think about law. Darwin’s theory of evolution is said to have generated a materialistic worldview that has had a significant impact on Western conceptions of law. Under the direct influence of Darwinism a profound transformation of legal studies took place in the nineteenth century. It is the main purpose of this article to reveal some of the philosophical implications of Darwinism and to explore how this particular worldview affected the general perception of law in Western societies. In so doing, this article focuses on legal theory and cultural conceptions of law, rather than on specific laws and rules.
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