From 'Evolutionary Theory and Law' to a 'Legal Evolutionary Theory'

German Law Journal, Vol. 9, No. 04, 2008

Posted: 1 Sep 2008 Last revised: 15 Oct 2016

See all articles by Mauro Zamboni

Mauro Zamboni

Stockholm University - Faculty of Law

Date Written: September 1, 2008

Abstract

The main objective of this article is to take the first step towards making evolutionary theory "our own discipline," by elevating evolutionary theory from the status of "cousin" to one of "sibling" (or at least "in-laws") of the legal family. The focus in particular is to understand why, despite the fact that the evolutionary theory approach to law (or "evolutionary theory and law") has been present quite a while in the legal scholar's discussion, the legal world at large has left it at the front step of the legal house. Based on this analysis, the task is also to evaluate whether it is possible, after certain adjustments, to invite evolutionary theory into the larger family of legal thinking, in particular as part of the legal theories of law-making (as "legal evolutionary theory").

Keywords: Evolutionary Theory, Law-making, Normative Legal Theory, Descriptive Legal Theory

JEL Classification: K10

Suggested Citation

Zamboni, Mauro, From 'Evolutionary Theory and Law' to a 'Legal Evolutionary Theory' (September 1, 2008). German Law Journal, Vol. 9, No. 04, 2008, Available at SSRN: https://ssrn.com/abstract=1261806

Mauro Zamboni (Contact Author)

Stockholm University - Faculty of Law ( email )

S-106 91 Stockholm
Sweden

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