Theory and Decision Library A:

Evolution and Constitution

The Evolutionary Selfconstruction of Law

Authors: Oeser, Erhard

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eBook $159.00
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  • ISBN 978-94-017-1502-7
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About this book

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 (4 chapters)

  • Philosophy and Jurisprudence

    Oeser, Erhard

    Pages 1-27

  • Legal Philosophy as Methodology

    Oeser, Erhard

    Pages 29-84

  • Legal Philosophy as a Developmental Theory of Law

    Oeser, Erhard

    Pages 85-118

  • The Theoretical Model of a Deeper Argumentation

    Oeser, Erhard

    Pages 119-190

Buy this book

eBook $159.00
price for USA (gross)
  • ISBN 978-94-017-1502-7
  • Digitally watermarked, DRM-free
  • Included format: PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $209.00
price for USA
  • ISBN 978-1-4020-1784-1
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $209.00
price for USA
  • ISBN 978-90-481-6503-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Evolution and Constitution
Book Subtitle
The Evolutionary Selfconstruction of Law
Authors
Series Title
Theory and Decision Library A:
Series Volume
37
Copyright
2003
Publisher
Springer Netherlands
Copyright Holder
Springer Science+Business Media Dordrecht
eBook ISBN
978-94-017-1502-7
DOI
10.1007/978-94-017-1502-7
Hardcover ISBN
978-1-4020-1784-1
Softcover ISBN
978-90-481-6503-2
Series ISSN
0921-3384
Edition Number
1
Number of Pages
XI, 212
Number of Illustrations and Tables
42 b/w illustrations
Topics