Law and Evil

The Evolutionary Perspective

Elgar Studies in Legal Theory

Wojciech Załuski, Full Professor, Department of Philosophy of Law and Legal Ethics, Jagiellonian University, Krakow, Poland

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.

‘How refreshing it is to see someone engage in a nose-to-tail approach to interdisciplinary work the way Wojciech Załuski does in Law and Evil: The Evolutionary Perspective. . . . This is a book that begins as a work of biology, morphs into legal history, and ends as philosophy, all the while using the insights of previous chapters to lay the foundation for successive ones.’
– Carlton Patrick, Evolutionary Studies in Imaginative Culture

‘Załuski’s work stands as a valuable contribution to better understanding the often neglected dynamic moments of the law and its making. By making use of a philosophically refined evolutionary approach to the law, he is not only able to identify the fundamental components regarding the nature of the legal phenomenon, he also offers a new perspective through which to investigate the eternal question of why humans tend to commit evil and the role law and its actors may play in it, as a restraining force.’
– Mauro Zamboni, Stockholm University, Sweden

‘Wojciech Załuski offers an erudite, insightful, and thought-provoking study of the place of evil for our jurisprudential understandings of law and justice. Situated at the junctures and dis-junctures between and among evolutionary theory, the developments of natural law and legal positivism, and metaethics, Law and Evil raises new and important questions for our understandings of evil within legal thinking and practice.’
– David Fraser, University of Nottingham, UK

2018 160 pp Hardback 978 1 78643 649 8 £58.50 £65.00 $89.96 $99.95

Elgaronline 978 1 78643 650 4

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