This unique book presents various ways in which evolutionary theory can contribute to the analysis of key legal-philosophical problems.
Wojciech Zaluski 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 – paradigm in legal philosophy.
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 Załuski 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.