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.

Law and Evil: The Evolutionary Perspective (Elgar Studies in Legal Theory)

Politics & Social Sciences

Załuski, Wojciech

Philosophy

Edward Elgar Publishing

This unique book provides a versatile exploration of the philosophical foundations of the insanity defense. It examines the connections between numerous philosophical-anthropological views and analyses different methods for regulating the criminal responsibility of the mentally ill. Placing its philosophical analysis firmly in the context of science, it draws on the fields of cognitive psychology, evolutionary theory and criminology. In this thought-provoking book, Wojciech Zaluski argues that the way in which we resolve the problem of the criminal responsibility of the mentally ill depends on two factors: the assumed conception of responsibility and the account of mental illness. Offering a systematic and in-depth analysis of the influence of anti-psychiatry on thinking about the insanity defense and legislation, the author invokes the personalist view of human nature, being rational and endowed with free will, to justify an original normative proposal concerning the construction of the insanity defense. The Insanity Defensewill be of primary interest to scholars of criminal law and justice, legal theory and legal philosophy as well as legal practitioners, policy makers, psychiatrists and psychologists engaged with this topic.

The Insanity Defense: A Philosophical Analysis (Elgar Studies in Legal Theory)

Criminal Law

`Zaluski has written an intelligent book on the relevancy of evolution theory for the understanding of the law. As any substantive contribution to jurisprudence, its contents are not uncontroversial, especially where he argues that evolution theory has something to say about human nature. However, Zaluski shows the evolutionary perspective on the law to be a refreshing and illuminating one.' - Jaap Hage, University of Maastricht, The Netherlands 
`Nobody interested in philosophy and in legal philosophy should miss this book. As a philosophical treatise it is of the highest standard, abundant with unexpected and valuable insights. And it leads the reader to the frontiers of new developments, especially how economics, game theory and evolutionary theory affects our understanding of the law. It masterly combines scientific acumen with a sense for humanity.' - Hans-Bernd Schäfer, Bucerius Law School, Hamburg, Germany 
This unique book presents various ways in which evolutionary theory can contribute to the analysis of main legal-philosophical problems. 
The book 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 - current in legal philosophy. 
Being the first study entirely devoted to the analysis of main 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.

Evolutionary Theory and Legal Philosophy

Ethics & Professional Responsibility

Game theory is a branch of mathematics that studies strategic interactions - i.e., interactions which involve more than one agent and in which each agent makes her/his decision while striving to predict the decisions of other agents. Game theory has been successfully applied in many areas of both the natural and social sciences, and it is the belief of this book's author that it can also be gainfully invoked in the area of legal philosophy. This second edition of Game Theory in Jurisprudence analyzes legal-philosophical concepts - such as legal interpretation, justice, legal rights, contract law, tort law, and property law - through the lens of game theory. The book appeals mainly to game theory's conceptual rather than technical side, and intertwines game-theoretical analysis with the philosophical. It will be accessible to a wider circle of readers interested in legal and moral philosophy. [Subject: Game Theory, Philosophy, Legal Philosophy]

Game Theory in Jurisprudence

Copernicus Center Press

Game theory is a branch of mathematics that studies strategic interactions, i.e., interactions which involve more than one agent and in which each agent makes her/his decision while striving to predict the decisions of other agents. Game theory has been successfully applied in many areas of both the natural and social sciences, and it is the belief of this book's author that it can also be gainfully invoked in the area of legal philosophy. In this book, Wojciech Zaluski analyzes legal-philosophical concepts - such as legal interpretation, justice, legal rights, contract law, tort law, and property law - through the lens of game theory. The book appeals mainly to game theory's conceptual rather than the technical side, and intertwines game-theoretical analysis with the philosophical. It will be accessible to a wider circle of readers interested in legal and moral philosophy.

Copernicus Center Pr

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Books by Załuski, Wojciech

See the best price to sell, buy, or rent books by Załuski, Wojciech. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Law and Evil: The Evolutionary Perspective (Elgar Studies in Legal Theory)

The Insanity Defense: A Philosophical Analysis (Elgar Studies in Legal Theory)

Evolutionary Theory and Legal Philosophy

Game Theory in Jurisprudence

Game Theory in Jurisprudence