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.
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