Law and the Evolutionary Turn: The Relevance of Evolutionary Psychology for Legal Positivism |
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Authors: | Arthur Dyevre |
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Affiliation: | Max Planck Institute for International and Comparative Public Law, , 69120 Heidelberg, Germany |
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Abstract: | In the present essay, I consider the relevance of evolutionary psychology (EP) for legal positivism, addressing the two main traditions in the legal positivist family: (1) the tradition I identify with the works of Hart and Kelsen and characterize as “normativist,” as it tries to describe law as a purely or, at least, as an essentially normative phenomenon, while remaining true to the ideal of scientific objectivity and value‐neutrality; (2) the tradition I broadly refer to as “legal realism,” which equates law with adjudication and “legal science” with the task of explaining judicial behaviour. |
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