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Evolution and Constitution : The Evolutionary Selfconstruction of Law - E.F. Oeser

Evolution and Constitution

The Evolutionary Selfconstruction of Law

Hardcover Published: 30th November 2003
ISBN: 9781402017841
Number Of Pages: 212

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Evolution and Constitution 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 -after all - should help to build a bridge between 'two cultures', science and humanities.
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.

Table of Contents
Preface to the English Edition
Description and Purpose of the Work
Philosophy and Jurisprudencep. 1
Legal Philosophy as Methodologyp. 29
Jurisprudential Concept of Science and the Position of Jurisprudence in the System of Sciencesp. 30
The Basic Types of Scientific Methodp. 33
Structure of Scientific Knowledgep. 39
Classification of Sciences and the Position of Jurisprudencep. 50
Model of the Functional Context of Juristic Methodsp. 57
Summary: The Open System of Lawp. 78
Legal Philosophy as a Developmental Theory of Lawp. 85
Legal-Philosophical Relativismp. 85
The Theory of Socio-Cultural Evolution as Frames of a Developmental Theory of Lawp. 90
Approaches to an Evolutionary Theory of Development of Lawp. 108
The Theoretical Model of a Deeper Argumentationp. 119
The Meta-Theory of Juristic Argumentationp. 119
Expansion Towards Historical-Genetic Dimension: Historical Discoursep. 127
Extension Towards a Legal-Ethical Theory of Principlesp. 168
Rational Self-Construction of Lawp. 185
Referencesp. 191
Indexp. 197
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781402017841
ISBN-10: 1402017847
Series: Theory and Decision Library
Audience: General
Format: Hardcover
Language: English
Number Of Pages: 212
Published: 30th November 2003
Publisher: Springer-Verlag New York Inc.
Country of Publication: NL
Dimensions (cm): 24.69 x 16.76  x 1.68
Weight (kg): 0.49