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Law and Evil

The Evolutionary Perspective

Wojciech Załuski

Law and Evil presents an alternative evolutionary picture of man, focusing on the origins and nature of human evil, and demonstrating its useful application in legal-philosophical analyses. Using this representation of human nature, Wojciech Załuski analyses the development of law, which he interprets as moving from evolutionary ethics to genuine ethics, as well as arguing in favour of metaethical realism and ius naturale.
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Chapter 3: Evolution, metaethics and the natural law

Wojciech Załuski


Chapter 3 deals with the implications of the evolutionary view of human nature for the controversy between ius-naturalists and legal positivists. The argument I propose proceeds in two steps. In the first step I argue that the deep divergence between evolutionary ethics and genuine ethics may be plausibly interpreted as an argument for metaethical realism, that is, for the thesis that ethical (deontic and axiological) judgments possess truth values. In the second step I argue that even though metaethical realism is not contradictory to legal positivism, it better harmonizes with ius-naturalism than with legal positivism.

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