The Most Unique of all Unique Species

This article identifies the shortcomings of “orthodox neo-Darwinians” such as Richard Dawkins, George Williams and Daniel Dennett in their efforts to describe human nature and human pro-social behavior. As an alternative to the views of these thinkers, the efforts of Peter Richerson, Robert Boyd, and other “dual inheritance” theorists to describe the evolution of human nature are also characterized. It is argued that dual inheritance theorists have surpassed the orthodox neo-Darwinians in their explanations for very important and uniquely human features such as our extensive sociability, complex cumulative culture and morality.

Legal Rights and the Limits of Conceptual Analysis: A Case Study

Legal philosophers divide over whether it is possible to analyze legal concepts without engaging in normative argument. The influential analysis of legal rights advanced by Jules Coleman and Jody Kraus some years ago serves as a useful case study to consider this issue because even some legal philosophers who are generally skeptical of the neutrality claims of conceptual analysts have concluded that Coleman and Kraus's analysis manages to maintain such neutrality. But that analysis does depend in subtle but important ways on normative claims. Their argument assumes not only a positivist concept of law, but also that it counts in favor of an analysis of legal rights that it increases the number of options available to legal decisionmakers. Thus, whether Coleman and Kraus's analysis is right in the end depends on whether those normative assumptions are justified. If even their analysis, which makes the thinnest of conceptual claims, depends on normative premises, that fact serves as strong evidence of the difficulty of analyzing legal concepts while remaining agnostic on moral and political questions.