On an 'evolutionary' theory of legal systems

In Wojchiech Załuski, Sacha Bourgeious-Gironde & Adam Dyrda (eds.), Research Handbook on Legal Evolution. Edward Elgar Publishing. pp. 130-148 (2024)
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Abstract

The ideas that law is (or can be regarded as) a legal system, and that law evolves over time in adaptation to its context, are two of the most widely shared and presupposed ideas in contemporary legal theory. However, even if much interest has been dedicated in legal theory and legal dogmatics to the evolution of specific legal concepts or institutions, as well as legal norms in particular, not so much attention has been dedicated to the evolution of legal systems in themselves. In this chapter, I will try to offer an overview of the evolution of the concept of legal system and critically analyse whether an evolutionary theory of legal systems - i.e., a theory about the evolution of legal systems - can be reconstructed and laid down for the analysis both of the past, the present, and the future of legal systems.

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Julieta A. Rabanos
University of Belgrade

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References found in this work

The descent of man, and selection in relation to sex.Charles Darwin - 1898 - New York: Plume. Edited by Carl Zimmer.
Taking rights seriously.Ronald Dworkin (ed.) - 1977 - London: Duckworth.
On the Origin of Species by Means of Natural Selection.Charles Darwin - 1897 - New York: Heritage Press. Edited by George W. Davidson.
The province of jurisprudence determined.John Austin (ed.) - 1861 - Indianapolis, IN: Hackett.

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