The Social Evolution of American Real Property Law

2021 ◽  
pp. 9-27
Author(s):  
Robert Jay Goldstein
2019 ◽  
Author(s):  
Sam G. B. Roberts ◽  
Anna Roberts

Group size in primates is strongly correlated with brain size, but exactly what makes larger groups more ‘socially complex’ than smaller groups is still poorly understood. Chimpanzees (Pan troglodytes) and gorillas (Gorilla gorilla) are among our closest living relatives and are excellent model species to investigate patterns of sociality and social complexity in primates, and to inform models of human social evolution. The aim of this paper is to propose new research frameworks, particularly the use of social network analysis, to examine how social structure differs in small, medium and large groups of chimpanzees and gorillas, to explore what makes larger groups more socially complex than smaller groups. Given a fission-fusion system is likely to have characterised hominins, a comparison of the social complexity involved in fission-fusion and more stable social systems is likely to provide important new insights into human social evolution


Author(s):  
Volodymyr Reznik

The article discusses the conceptual foundations of the development of the general sociological theory of J.G.Turner. These foundations are metatheoretical ideas, basic concepts and an analytical scheme. Turner began to develop a general sociological theory with a synthesis of metatheoretical ideas of social forces and social selection. He formulated a synthetic metatheoretical statement: social forces cause selection pressures on individuals and force them to change the patterns of their social organization and create new types of sociocultural formations to survive under these pressures. Turner systematized the basic concepts of his theorizing with the allocation of micro-, meso- and macro-levels of social reality. On this basis, he substantiated a simple conceptual scheme of social dynamics. According to this scheme, the forces of macrosocial dynamics of the population, production, distribution, regulation and reproduction cause social evolution. These forces force individual and corporate actors to structurally adapt their communities in altered circumstances. Such adaptation helps to overcome or avoid the disintegration consequences of these forces. The initial stage of Turner's general theorizing is a kind of audit, modification, modernization and systematization of the conceptual apparatus of sociology. The initial results obtained became the basis for the development of his conception of the dynamics of functional selection in the social world.


Author(s):  
Samir Okasha

Inclusive fitness theory, originally due to W. D. Hamilton, is a popular approach to the study of social evolution, but shrouded in controversy. The theory contains two distinct aspects: Hamilton’s rule (rB > C); and the idea that individuals will behave as if trying to maximize their inclusive fitness in social encounters. These two aspects of the theory are logically separable but often run together. A generalized version of Hamilton’s rule can be formulated that is always true, though whether it is causally meaningful is debatable. However, the individual maximization claim only holds true if the payoffs from the social encounter are additive. The notion that inclusive fitness is the ‘goal’ of individuals’ social behaviour is less robust than some of its advocates acknowledge.


Author(s):  
J. E. Penner

This chapter discusses property law. It considers the idea that property had a “nominalist” ontology, and it was in danger of “disintegration” as a working legal category for that very reason. Nominalism about property has had a significant impact in U.S. case law. The concern here, however, is whether it is a helpful stance to take as a theorist of property. The chapter argues that it is not. There are indeed “high” level abstractions about property which one cannot plausibly do without if one is to understand property rights and property law doctrine. Moreover, the “bundle of rights” (BOR) challenge does not assist one in making sense of these abstractions. The chapter then looks at the conceptual failure of BOR and the New Private Law as it relates to property. BOR is generally regarded as being underpinned by what might be called the Hohfeld-Honoré synthesis. The synthesis rests upon a fairly serious mistake, which is that while the Hohfeldian examination of jural norms is analytic if it is anything, Honor’s elaboration of the incidents making up ownership is anything but—it is functional. This means that Honoré describes the situation of the owner not principally in terms of his Hohfeldian powers, duties, and rights vis-à-vis others, but in terms of the social or economic advantages that an owner has by virtue of his position, and the terms and limitations of those advantages.


2021 ◽  
Author(s):  
Mark Blagrove ◽  
Julia Lockheart

There are many theories of the function of dreams, such as memory consolidation, emotion processing, threat simulation and social simulation. In general, such theories hold that the function of dreams occurs within sleep; occurs for unrecalled dreams as well as for dream that are recalled on awakening; and that conscious recall of dreams is not necessary for their function to occur. In contrast, we propose that dreams have an effect of enhancing empathy and group bonding when dreams are shared and discussed with others. We propose also that this effect would have occurred in history and pre-history and, as it would have enhanced the cohesiveness and mutual understanding of group members, the fictional and engaging characteristics of dream content would have been selected for during human social evolution, interacting with cultural practices of dream-sharing. Such dream-sharing may have taken advantage of the long REM periods that occur for biological reasons near the end of the night. Dream-production and dream-sharing may have developed alongside story-telling, utilising common neural mechanisms. Dream-sharing hence would have contributed to Human Self-Domestication, held by many researchers to be the primary driver of the evolution of human prosociality, tolerance and reduced intragroup emotional reactivity. We note that within-sleep theories of dream function rely on correlational rather than experimental findings, and have as yet untested and speculative mechanisms, whereas post-sleep effects of dream-sharing are easily testable and have mechanisms congruent with the social processes proposed by the theory of Human Self-Domestication.


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