Bio-Legal History, Dual Inheritance Theory and Naturalistic Comparative Law: On Content and Context Biases in Legal Evolution

2011 ◽  
Vol 7 (3) ◽  
Author(s):  
Bart Du Laing
2019 ◽  
Vol 17 (1) ◽  
pp. 29-47 ◽  
Author(s):  
Theiss Bendixen

Laypeople hold beliefs about economics and policy issues—so-called folk-economic beliefs (FEBs)—that are often wrong or misleading according to professional economists. Here, I critically discuss a recent evolutionary–cognitive approach to understanding folk-economic beliefs. According to this approach (Boyer & Petersen 2018a), some economic beliefs are more prevalent than others, because such beliefs (i.e., folk-economic beliefs) resonate with evolved features of the human mind. I refer to this as the “FEB hypothesis”. A central challenge to the FEB hypothesis, with its heavy reliance on universal cognitive features, is to explain individual and cultural differences in economic beliefs and behavior. This challenge is the starting point for the discussion. Overall, the conclusion of this paper is that the FEB hypothesis relies on unnecessarily strong and controversial theoretical assumptions (e.g., “massive modularity” and the “Environment of Evolutionary Adaptedness”), and that it overlooks important findings from adjacent fields, but that the FEB hypothesis, following some modifications inspired by Dual Inheritance Theory, can be integrated with robust findings from the rest of the evolutionary, cognitive, and anthropological sciences, as well as standard political psychology. Based on this discussion, the paper ends with brief reflections on how to correct inaccurate folk-economic beliefs.


Author(s):  
James Gordley

Legal historians have sometimes studied the law of one place and time while disregarding that of others. Comparative lawyers have sometimes compared the law of different jurisdictions while ignoring the historical reasons they are alike or unlike. The consequences have been unfortunate. Historians have often explained rules which are ubiquitous by the circumstances peculiar to one time and place. Comparative lawyers have often explained the similarities and differences among laws with a blind eye to how they arose. To understand how these problems came about, this article examines the origins of legal history and comparative law. It then describes, more concretely, why these disciplines need each other. Legal rules acquire their structure over time. Thus even if a comparative law scholar were only interested in the structure of modern rules, he would need the help of history.


2020 ◽  
Author(s):  
Radu Iovita ◽  
david braun ◽  
Matthew Douglass ◽  
Simon Holdaway ◽  
Sam C. Lin ◽  
...  

One of the greatest difficulties with evolutionary approaches in the study of stone tools (lithics) has been finding a mechanism for tying culture and biology in a way that preserves human agency and operates at scales that are visible in the archaeological record. The concept of niche construction, whereby organisms actively construct their environments and change the conditions for selection, could provide a solution to this problem. In this review, we evaluate the utility of niche construction theory (NCT) for stone tool archaeology. We apply NCT to lithics both as part of the ‘extended phenotype’ and as residuals or precipitates of other niche-constructing activities, suggesting ways in which archaeologists can employ niche construction feedbacks to generate testable hypotheses about stone tool use. Finally, we compare NCT to other prominent evolutionary approaches, such as human behavioral ecology and dual-inheritance theory, concluding that NCT has several advantages.


2018 ◽  
Vol 1 (3) ◽  
pp. 811
Author(s):  
Rekowarno Rekowarno

This study, entitled: Implementation of Execution of Deed of Acknowledgment of Debt Groose Created Notary, the problems of this study are 1) How is the execution of the Deed of Acknowledgment of Debt Groose made Notary? 2) What are the barriers and solutions in the execution of the Deed of Acknowledgment of Debt Groose made Notary? The method used in this research using normative juridical approach, which includes research principles of law, the legal systematics, synchronization of law, legal history and comparative law. The results using this method Sociological Juridical conclude that: 1) Execution of a debt recognition grosse deed as authentic deeds in the lending agreement, can only be carried out under the leadership of Chairman of the Court (court fiat) local. Not that grosse deed of acknowledgment of debt which includes the phrase, "As Justice Based on God" the legal force equivalent Court decision that has binding can be carried out executions without trial fiat (parate execution). Precisely because equated with court decisions that have permanent legal force, the implementation of the execution must be at the behest and under the leadership of Chairman of the Court, 2)Barriers execution grosse deed of acknowledgment of debt arose because of noncompliance with formal requirements, the form must be as specified by the Act and the terms of material, which is the amount of debt must be certain or uncertain, the deed must be an acknowledgment of debt unilaterally from the debtor, and not to be confounded with the grosse deed mortgages. These problems can result grosse deed recognition execution request Debt can not be accepted by the President of the Court State and cause grosse deed of recognition The debt does not have the power executorial,Keywords: Execution Groose, Deed of Acknowledgment of Debt, Notary.


Author(s):  
Robert Adam

Tradition is often presented as simply the past and a static phenomenon. This view can be shared by some supporters of tradition in architecture and urbanism, leading to a valorisation of literal past form and detail. Social analysis of tradition acknowledges that it is a more complex and not static phenomenon. At the same time, the concept of the invention of tradition is widely used to discredit tradition itself. This paper departs from the work of Halbwachs and subsequent studies on collective identity, Boyd and Richerson on Dual Inheritance Theory, Shils on the ubiquity of tradition and Cohen on the sociology of identity, amongst others. This is combined with case studies in the evolution and invention of tradition. The paper presents the applicability of changing and invented traditions that foment social cohesion and how their use in design can respond to community identity.


This second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and highly diverse survey as well as a critical assessment of comparative law at the beginning of the twenty-first century. In the current era of globalization, this discipline is more relevant than ever, both on an academic and practical level. The book contains forty-eight essays, each of which provides an accessible, original, and critical account of comparative law in its respective area. Each essay also includes a short bibliography referencing the definitive works in the field. The book is divided into three main sections. Section I shows how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, Latin America, and the Islamic countries. Section II discusses the major approaches to comparative law—its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, Section III deals with the status of comparative studies over a range of subject matter areas, including the major categories of private, economic, public, and criminal law.


1998 ◽  
Vol 46 (suppl_1) ◽  
pp. 1-15 ◽  
Author(s):  
Mathias Reimann ◽  
Alain Levasseur

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