STEPS TOWARDS AN EVOLUTIONARY APPROACH TO LAW
DOI:
https://doi.org/10.5380/rfdufpr.v60i1.36244Keywords:
Radical behaviorism. Second-order social contingency. Social system. Sociocultural selection.Abstract
The article puts forward some fundamental ideas for the development of an evolutionary approach to law based on the radical behaviorist concept of a social system as a web of interlocked behavioral patterns. After discussing the three levels of behavioral evolution, namely phylogenetic, ontogenetic and sociocultural, the article explains how the emergence of a functionally specialized legal system based on legal organizations was able to internalize the process of legal evolution through the selection of legal norms by means of second-order legal contingencies.
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