Wojciech Załuski – On the Applicability of Evolutionary Anthropology in Legal and Moral Philosophy

Zapraszamy do zapoznania się z tekstem Wojciecha Załuskiego pt. “On the Applicability of Evolutionary Anthropology in Legal and Moral Philosophy“.

 

The paper aims at assessing the relevance of evolutionary anthropology,
i.e., a view of human nature reconstructed mainly on the basis of evolutionary psychology
(but also behavioural ecology and sociobiology) for the problems analyzed within moral and
legal philosophy. It is argued that evolutionary anthropology can be used fruitfully in the
analysis of some of questions of legal philosophy, and much less so in the analysis of the
questions of moral philosophy. The underlying assumption of this claim is that the primary
object of moral assessment are motives rather than ‘external’ actions, and the primary object
of legal assessment are ‘external’ actions rather than motives. Given this assumption, it is
argued, inter alia, that evolutionary anthropology can be helpful in answering the question
(with important implications for legal philosophy) whether homo sapiens is homo legalis, but
not the question (with important implications for moral philosophy) of whether homo sapiens
is homo moralis. The claim about a very limited relevance of evolutionary anthropology for
moral philosophy is strengthened by showing that evolutionary anthropology cannot help in
deciding issues belonging to other than moral psychology branches of moral philosophy,
namely to normative ethics and metaethics; and the claim about that evolutionary
anthropology is more relevant for legal philosophy is strengthened by showing that it can be
applied also in the analysis of more practical questions of legal philosophy (e.g., connected
with the problem of susceptibility of human behaviors to shaping by means of legal
sanctions).

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