DOCSLIB.ORG

Evolutionary Analysis in Law: an Introduction and Application to Child Abuse Owen D

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Evolutionary Analysis in Law: an Introduction and Application to Child Abuse Owen D NORTH CAROLINA LAW REVIEW Volume 75 | Number 4 Article 2 4-1-1997 Evolutionary Analysis in Law: An Introduction and Application to Child Abuse Owen D. Jones Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Owen D. Jones, Evolutionary Analysis in Law: An Introduction and Application to Child Abuse, 75 N.C. L. Rev. 1117 (1997). Available at: http://scholarship.law.unc.edu/nclr/vol75/iss4/2 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact [email protected]. EVOLUTIONARY ANALYSIS IN LAW: AN INTRODUCTION AND APPLICATION TO CHILD ABUSE OWEN D. JONEs* For contemporary biologists, behavior-like physical form- evolves. Although evolutionaryprocesses do not dictate behavior in any inflexible sense, they nonetheless contribute significantly to the prevalence of various behavioralpredispositions that, in turn, tend to yield observable patterns of behavior within every known species. In this Article, Professor Owen D. Jones carefully explores the implications for law of evolved behavioral predispositions in humans, urging both caution and optimism. He first provides an introduction to law-relevant evolutionary biology, assuming no prior knowledge in the subject. He then proposes a model for conducting "evolutionary analysis in law"--by which legal thinkers can locate, assess, and use knowledge about evolutionary influences on human behavior to further the pursuit of many existing social and legal goals. The Article illustrates the operation of that method by showing how it could aid ongoing efforts to understand and curb child abuse. Throughout, Professor Jones emphasizes how the evolutionary perspective on human behavior will typically and usefully supplement, rather than supplant, prevailing notions of the many influences on behavior and the complex interactionsamong them. * Associate Professor of Law, Arizona State University College of Law; Research Fellow, Gruter Institute for Law & Behavioral Research; B.A., Amherst College; J.D., Yale Law School. I have benefited greatly from the generous comments and advice, on various aspects of this work, from biologists John Alcock, Timothy Goldsmith, Robert Trivers, and William Zimmerman; primatologist and evolutionary psychiatrist Michael McGuire; primatologists Frans de Waal and Sarah Hrdy; and evolutionary psychologist Martin Daly. I am also grateful for the thoughtful comments, on earlier drafts of this Article, from Kingsley Browne, Ira Ellman, Steven Goldberg, Lydia Jones, David Kader, Dennis Karjala, David Kaye, Gary Lowenthal, John McGinnis, Roger Masters, Jonathan Rose, Daniel Strouse, Cynthia Ward, Jim Weinstein, and Larry Winer, and for the sus- tained efforts of Margaret Gruter to foster interdisciplinary cooperation on these subjects. The views expressed here, of course, may or may not be shared by anyone just mentioned. Jacqueline Ganier provided most able research assistance, to which Kurt Luther, Pamela Winston, and James Saul also valuably contributed. The author acknowl- edges the generous research support provided by the Arizona State University College of Law. Please direct correspondence to [email protected]. 1118 NORTH CAROLINA LAW REVIEW [Vol. 75 INTRODUCTION .................................................................................... 1120 I. A PRIMER IN LAW-RELEVANT EVOLUTIONARY BIOLOGY ....................................................................................... 1126 A. PreparatoryRemarks: Law and Biology on Causation................................................................................ 1127 B. The Evolutionary Perspective: On the Making of A ncestors................................................................................ 1129 1. The Duration of the Game: The Clock of Evolution ......................................................................... 1129 2. The Objective of the Game: Persistence of Existence ......................................................................... 1132 a. Getting Ahead: Reproductive Success ................. 1132 b. Keeping Score: Inclusive Fitness ........................... 1133 3. The Ground Rule for the Game: Natural Selection ...........................................................................1135 4. The Strategies for the Game: Reproductive Strategies ......................................................................... 1141 a. Parental Investment ................................................. 1141 b. Sexual Reproduction ............................................... 1142 c. Sexual Selection: A Special Rule for a Special Strategy ...................................................................... 1144 d. Condition-Dependent Strategies ........................... 1146 5. The Strategies in Tension: On Conflict, Cooperation, and Deception ......................................... 1146 a. Conflict ...................................................................... 1147 b. Cooperation .............................................................. 1149 c. Deception and Self-Deception ............................... 1151 6. Homo sapiens sapiens ....................................................1152 C. Closing Remarks: Some Points to Take Away .................. 1155 II. EVOLUTIONARY ANALYSIS IN LAW: A MODEL, AND ITS APPLICATION TO CHILD A BU SE ...........................................................................................1157 A. The Identification Stage ........................................................ 1160 1. What Is the Legal Goal? ............................. ................... 1160 2. Will Evolutionary Analysis Further Pursuit of That Goal? ....................................................................... 1163 a. What Are the Prevailing Theories? . 1164 b. Is the Failure to Achieve the Goal Solely Attributable to Inadequate Implementation of Adequate Theories? ............................ .................... 1166 c. Are the Prevailing Theories Already Informed by the Influence of Natural Selection on 1997] EVOLUTIONARY ANALYSIS IN LAW 1119 B ehavior? ....................................... ........................... 1167 d. How Greatly Might the Behavior in Question Have Affected the Reproductive Success of Our Ancestors? ........................................................ 1169 3. Summary ..........................................................................1170 B. The Information Stage .......................................................... 1170 1. What Are the Relevant Evolutionary Theories and Predictions? ..................................... ......................... 1171 a. The Evolutionary Theories: An Example ............ 1172 b. The Predictions of Evolutionary Theories: An Exam ple .................................................................... 1181 2. What Empirical Evidence Bears on Those Predictions? ......................................... ............................ 1184 a. Infanticide in Non-Primates: The Evidence ........ 1185 b. Infanticide in Non-Human Primates: The Evidence ............................................................ 1189 c. Infanticide in Humans: The Evidence .................. 1192 (1) Child-Killingin Homo sapiens sapiens: An Overview ...........................................................1193 (2) Representative Predictions.............................. 1200 3. How Does the Evidence Fit the Predictions? ........ ..... 1208 4. Do the Theories Apply to Humans? ................. ........... 1211 5. Should the Theories Be Considered in Legal Analysis and Policy-making? ........................ ................ 1214 6. Summary ..........................................................................1216 C. The IntegrationStage ............................................................ 1216 1. Where Do Prevailing and Evolutionary Theories Conflict? .................................. ........................ 1217 a. Conflicts Between Theoretical Substructures ...... 1217 (1) Differences in Levels of Analysis ................... 1217 (2) Differences in Basic Assumptions .................. 1219 b. Conflicts Between Predictions ................................ 1220 2. How May Non-Conflicting Elements Be Integrated? ......................................... ............................. 1222 3. Sum m ary ..........................................................................1225 D. The Application Stage ........................................................... 1226 1. How Can Evolutionary Analysis Help To Refine Behavioral Models? .......................... ................. 1227 a. How It Can Help ...................................................... 1227 b. Aren't Statistics Alone Enough? ................ ........... 1229 c. Won't Evolutionary Analysis Often Simply Confirm Common Intuitions? ................... ............. 1231 1120 NORTH CAROLINA LAW REVIEW [Vol. 75 2. How Can Evolutionary Analysis Help To Generate New Legal Strategies? .................... .............. 1232 3. How Can Evolutionary Analysis Help To Improve Cost-Benefit Analyses? .................... .............. 1236 4. How Can Evolutionary Analysis Help To Reveal Promising Directions for Future R esearch? ........................................................................1240 III. CONCLUSION ...............................................................................
Load more

Recommended publications
  • An Evolutionary Psychology Perspective on Gift Giving Among
    MAR WILEJ RIGHT BATCH Top of text An Evolutionary Psychology Top of CT Perspective on Gift Giving among Young Adults Gad Saad Concordia University Tripat Gill Case Western Reserve University ABSTRACT With evolutionary psychology used as the theoretical framework, two aspects of gift giving among young adults are investigated: (a) sex differences in motives for giving gifts to a romantic partner, and (b) the allocation of gift expenditures among various relations, including romantic partners, close friends, close kin, and distant kin members. As per the evolved sex differences in mating strategies, it is proposed and found that men report tactical motives for giving gifts to their romantic partners more frequently than women. Also, there are no sex differences in situational motives for giving gifts. In addition, women are aware that men use tactical motives more often; whereas men think that these motives are employed equally by both sexes. With regard to gift expenditures it is found that, for kin members, the amount spent on gifts increases with the genetic relatedness (r value) of the particular kin. When all relations (kin and nonkin members) are included, the allocation of gift expenditures were the highest to romantic partners, followed by those to close kin members and then to close friends. The latter finding is explained via the importance attached to the evolved psychological mechanisms linked to each of the above relations, namely, reproductive fitness (for partners), nonreproductive fitness (for close kin members), and reciprocal altruism (for close friends). ᭧ 2003 Wiley Periodicals, Inc. Base of text Psychology & Marketing, Vol. 20(9): 765–784 (September 2003) Published online in Wiley InterScience (www.interscience.wiley.com) ᭧ 2003 Wiley Periodicals, Inc.
    [Show full text]
  • THE DESCENT of MADNESS: Evolutionary Origins of Psychosis
    THE DESCENT OF MADNESS Drawing on evidence from across the behavioural and natural sciences, this book advances a radical new hypothesis: that madness exists as a costly consequence of the evolution of a sophisticated social brain in Homo sapiens. Having explained the rationale for an evolutionary approach to psych- osis, the author makes a case for psychotic illness in our living ape relatives, as well as in human ancestors. He then reviews existing evolutionary theor- ies of psychosis, before introducing his own thesis: that the same genes causing madness are responsible for the evolution of our highly social brain. Jonathan Burns’ novel Darwinian analysis of the importance of psychosis for human survival provides some meaning for this form of suffering. It also spurs us on to a renewed commitment to changing our societies in a way that allows the mentally ill the opportunity of living. The Descent of Madness will be of interest to those in the fields of psychiatry, psychology, sociology and anthropology, and is also accessible to the general reader. Jonathan Burns is chief specialist psychiatrist at the Nelson Mandela School of Medicine. His main areas of research include psychotic illnesses, human brain evolution and evolutionary origins of psychosis. THE DESCENT OF MADNESS Evolutionary Origins of Psychosis and the Social Brain Jonathan Burns First published 2007 by Routledge 27 Church Road, Hove, East Sussex BN3 2FA Simultaneously published in the USA and Canada by Routledge 270 Madison Ave, New York, NY 10016 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2007 Jonathan Burns This edition published in the Taylor & Francis e-Library, 2007.
    [Show full text]
  • Protecting Native Mothers and Their Children: a Feminist Lawyerin
    William Mitchell Law Review Volume 40 | Issue 3 Article 4 2014 Protecting Native Mothers and Their hiC ldren: A Feminist Lawyering Approach Joanna Woolman Mitchell Hamline School of Law, [email protected] Sarah Deer Mitchell Hamline School of Law, [email protected] Follow this and additional works at: http://open.mitchellhamline.edu/wmlr Recommended Citation Woolman, Joanna and Deer, Sarah (2014) "Protecting Native Mothers and Their hiC ldren: A Feminist Lawyering Approach," William Mitchell Law Review: Vol. 40: Iss. 3, Article 4. Available at: http://open.mitchellhamline.edu/wmlr/vol40/iss3/4 This Article is brought to you for free and open access by the Law Reviews and Journals at Mitchell Hamline Open Access. It has been accepted for inclusion in William Mitchell Law Review by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. © Mitchell Hamline School of Law Woolman and Deer: Protecting Native Mothers and Their Children: A Feminist Lawyerin PROTECTING NATIVE MOTHERS AND THEIR CHILDREN: A FEMINIST LAWYERING APPROACH Joanna Woolman† and Sarah Deer†† I. INTRODUCTION ...................................................................... 944 II. BACKGROUND: NATIVE AMERICAN EXPERIENCES WITH CHILD PROTECTIVE SERVICES ................................................ 947 A. Precolonial Native Motherhood .......................................... 947 B. Colonization and Native Mothers ....................................... 950 1.
    [Show full text]
  • Raising-Darwins-Consciousness.Pdf
    RAISING DARWIN'S CONSCIOUSNESS Female Sexuality and the Prehominid Origins of Patriarchy Sarah Blaffer Hrdy University of California, Davis Sociobiologists and feminists agree that men in patriarchal social systems seek to control females, but sociobiologists go further, using Darwin's theory of sexual selection and Trivers's ideas on parental investment to explain why males should attempt to control female sexuality. From this perspective, the stage for the development under some conditions of patriarchal social systems was set over the course of primate evolution. Sexual selection encompasses both competition between males and female choice. But in applying this theory to our "lower origins" (pre- hominid ancestors), Darwin assumed that choices were made by essen- tially "coy" females. I argue here that female solicitation of multiple males (either simultaneously or sequentially, depending on the breeding system) characterized prehominid females; this prehominid legacy of cy- clical sexual assertiveness, itself possibly a female counter-strategy to male efforts to control the timing of female reproduction, generated fur- ther male counter-strategies. This dialectic had important implications for emerging hominid mating systems, human evolution, and the devel- opment of patriarchal arrangements in some human societies. For homi- nid males who will invest in offspring, there would be powerful selection for emotions, behaviors, and customs that ensure them certainty of pater- nity. The sexual modesty that so struck Darwin can be explained as a recent evolved or learned (perhaps both) adaptation in women to avoid penalties imposed by patrilines on daughters and mates who failed to conform to the patriline's prevailing norms for their sex.
    [Show full text]
  • In Defense of Massive Modularity
    3 In Defense of Massive Modularity Dan Sperber In October 1990, a psychologist, Susan Gelman, and three anthropolo- gists whose interest in cognition had been guided and encouraged by Jacques Mehler, Scott Atran, Larry Hirschfeld, and myself, organized a conference on “Cultural Knowledge and Domain Specificity” (see Hirsch- feld and Gelman, 1994). Jacques advised us in the preparation of the conference, and while we failed to convince him to write a paper, he did play a major role in the discussions. A main issue at stake was the degree to which cognitive development, everyday cognition, and cultural knowledge are based on dedicated do- main-specific mechanisms, as opposed to a domain-general intelligence and learning capacity. Thanks in particular to the work of developmental psychologists such as Susan Carey, Rochel Gelman, Susan Gelman, Frank Keil, Alan Leslie, Jacques Mehler, Elizabeth Spelke (who were all there), the issue of domain-specificity—which, of course, Noam Chomsky had been the first to raise—was becoming a central one in cognitive psychol- ogy. Evolutionary psychology, represented at the conference by Leda Cosmides and John Tooby, was putting forward new arguments for seeing human cognition as involving mostly domain- or task-specific evolved adaptations. We were a few anthropologists, far from the main- stream of our discipline, who also saw domain-specific cognitive pro- cesses as both constraining and contributing to cultural development. Taking for granted that domain-specific dispositions are an important feature of human cognition, three questions arise: 1. To what extent are these domain-specific dispositions based on truly autonomous mental mechanisms or “modules,” as opposed to being 48 D.
    [Show full text]
  • How Evolution Can Help Us Understand Child Development and Behaviour Annie Swanepoel, Daniela F
    BJPsych Advances (2016), vol. 22, 36–43 doi: 10.1192/apt.bp.114.014043 ARTICLE How evolution can help us understand child development and behaviour Annie Swanepoel, Daniela F. Sieff, Graham Music, John Launer, Michael Reiss & Bernadette Wren Annie Swanepoel is a consultant us how, in response to environmental influences, SUMMARY child and adolescent psychiatrist genes are switched on or off. It is also showing in the Hertfordshire Partnership The traditional disease model, still dominant in us that these effects can be transmitted down University Foundation Trust. She psychiatry, is less than ideal for making sense of is interested in the integration of generations. Yet surprisingly few people have psychological issues such as the effects of early body and mind, nature and nurture, childhood experiences on development. We argue asked wider questions such as ‘Why does psychoneuroimmunology, as well as this sensitivity exist?’ and ‘Why does this evolutionary psychology. Daniela F. that a model based on evolutionary thinking can Sieff has a doctorate in biological deepen understanding and aid clinical practice sensitivity sometimes lead to apparently negative anthropology. She is interested by showing how behaviours, bodily responses developmental patterns?’. However, these in the ways that interdisciplinary and psychological beliefs tend to develop for questions can be fruitfully addressed if we turn to perspectives can foster the ‘adaptive’ reasons, even when these ways of being understanding of emotional trauma. an evolutionary perspective. Graham Music is a consultant might on first appearance seem pathological. Such Organisms that are better fitted to their child and adolescent psychotherapist understanding has implications for treatment. It environment (which means better adapted to their at the Tavistock Clinic and an adult also challenges the genetic determinist model, environment) have a greater chance of surviving psychotherapist in private practice.
    [Show full text]
  • Iciumv LEADERS in ANIMAL BEHAVIOR the Second Generation
    UO1BJ3U3D iciumv LEADERS IN ANIMAL BEHAVIOR The Second Generation Edited by Lee C. Drickamer Northern Arizona University Donald A. Dewsbury University of Florida CAMBRIDGE UNIVERSITY PRESS 13 Myths, monkeys, and motherhood: a compromising life SARAH BLAFFER HRDY Definition of an Anthropologist: "(Someone) who studies human nature in all its diversity." Carmelo Lison-Tolosana (1966) Maternal effects (1946-64) From a young age, I was interested in why humans do what they do. With little exposure to science, certainly no inkling that there might be people in the world who studied other animals in order to better understand our species, I decided to become a novelist. Born in Leaders in Animal Behavior: The Setond Generation, ed. L. C. Drickamcr & D. A. Dewsbury. Published by Cambridge University Press. CO Cambridge University Press 2010. 344 Sarah Bluffer Hrdy Texas in 1946, right at the start of the postwar baby boom, I was the third of five children - Speedway. Prevailin four daughters and finally the long-awaited son. My father's father, R. L. Blaffer, had come segregation, and pi to Texas from Hamburg via New Orleans in 1901 at the time oil was discovered at interested in the e1 Spindletop. He recognized that fortunes would be made in the oil business. He married inheritance, female Sarah Campbell from Lampasas, whose father was in that business. I was named for her, the women's moven Sarah Campbell Blaffer II. My mother's father's ancestors, the Hardins, French Huguenots Reared by a suo from Tennessee, arrived earlier, in 1825, before Texas was even a state.
    [Show full text]
  • Cinderella Effect Facts
    The “Cinderella effect”: Elevated mistreatment of stepchildren in comparison to those living with genetic parents. Martin Daly & Margo Wilson Department of Psychology, Neuroscience & Behaviour McMaster University Hamilton, Ontario, Canada L8S 4K1 <[email protected]> <[email protected]> Theory Parents commit a huge amount of time, attention and material resources to the care of their children, as well as incurring life-threatening risks to defend them and bodily depletion to nourish them. Why are parents motivated to invest so heavily in their children? From an evolutionary perspective, the answer is surely that natural selection has favoured intensive parental care in our lineage. Those ancestral genotypes and phenotypes that best succeeded in raising children to become reproducing adults were the ones that persisted and proliferated. If the psychological underpinnings of parental care have indeed evolved by natural selection, we may furthermore anticipate that parental feeling and action will not typically be elicited by just any random conspecific juvenile. Instead, care-providing animals may be expected to direct their care selectively towards young who are (a) their own genetic offspring rather than those of their reproductive rivals, and (b) able to convert parental investment into increased prospects for survival and reproduction. This is the kernel of the theory of discriminative parental solicitude, which (notwithstanding some interesting twists and caveats) has been abundantly verified in a broad range of care-giving species
    [Show full text]
  • King's Research Portal
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by King's Research Portal King’s Research Portal Document Version Peer reviewed version Link to publication record in King's Research Portal Citation for published version (APA): Wertz, J., Belsky, J., Moffitt, T. E., Belsky, D. W., Harrington, H., Avinun, R., ... Caspi, A. (Accepted/In press). Genetics of nurture: A test of the hypothesis that parents’ genetics predict their observed caregiving . Developmental Psychology. Citing this paper Please note that where the full-text provided on King's Research Portal is the Author Accepted Manuscript or Post-Print version this may differ from the final Published version. If citing, it is advised that you check and use the publisher's definitive version for pagination, volume/issue, and date of publication details. And where the final published version is provided on the Research Portal, if citing you are again advised to check the publisher's website for any subsequent corrections. General rights Copyright and moral rights for the publications made accessible in the Research Portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognize and abide by the legal requirements associated with these rights. •Users may download and print one copy of any publication from the Research Portal for the purpose of private study or research. •You may not further distribute the material or use it for any profit-making activity or commercial gain •You may freely distribute the URL identifying the publication in the Research Portal Take down policy If you believe that this document breaches copyright please contact [email protected] providing details, and we will remove access to the work immediately and investigate your claim.
    [Show full text]
  • Program for Andrew D
    Program for Andrew D. White Professors-at-Large ANNUAL REPORT to the Faculty Senate Summary of the 2010-2011 Academic Year Part 1: Overview of Committee Activities and Achievements Changes in Committee Membership The Program for Andrew D. White Professors-at-Large (PAL) held three meetings of the Selection Committee during the 2010-2011 academic year, on Tuesday, October 5 and Monday, December 13, 2010, and on March 17, 2011. The new Program Chair, Robert Raguso (Neurobiology and Behavior) began his three-year term, replacing Steven Strogatz (Applied Math). Barbara Knuth (Natural Resources) succeeded Sunny Power as the Dean of the Graduate School and Vice Provost as an ex officio member of the Selection Committee. Also, Maria Fernandez (History of Art), David Feldshuh (Theatre, Film and Dance), and Natalie Mahowald (Earth and Atmospheric Science) joined the committee as new members—also for three-year terms. Professor-at-Large Visitors and New Nominations There was a total of 17 PALs with active six-year terms during the 2010-2011 academic year. Four PALs visited Cornell this year, including Hélène Cixous (Humanities – Feminist Theory), Jeffrey McNeely (Life Sciences - Conservation), Lowery Stokes Sims (Arts – Africana Studies) and Denise Riley (Humanities – Literature & Philosophy). Lowery Stokes Sims, who visited in April, 2011, completed her tenure as an A.D. White Professor-at-Large in June 2011, as did Natalie Angier, providing space for two new nominations. Angier held the sole title of President’s Council for Cornell Women (PCCW) A.D. White Professor-at-Large. The Call for Nominations 2011 was distributed to Cornell faculty through bulk email in October, following the traditional timeline for nomination submissions and final selections.
    [Show full text]
  • Same-Sex Marriage, Lesbigay Parenting, and the Psychology of Disgust
    Working Paper Series Villanova University Charles Widger School of Law Year 2007 It's Really About Sex: Same-Sex Marriage, Lesbigay Parenting, and the Psychology of Disgust Richard E. Redding Villanova University School of Law, [email protected] This paper is posted at Villanova University Charles Widger School of Law Digital Repository. http://digitalcommons.law.villanova.edu/wps/art92 113495-TEXT .NATIVE .1205175861. DOC 3/10/2008 12:05:16 PM IT’S REALLY ABOUT SEX : SAME -SEX MARRIAGE , LESBIGAY PARENTING , AND THE PSYCHOLOGY OF DISGUST RICHARD E. REDDING * TABLE OF CONTENTS INTRODUCTION .............................................................................................................. 102 I. THE STATE OF SOCIAL SCIENCE RESEARCH ON LESBIGAY PARENTING .................... 108 A. Early Research Returns: “No Differences” Between Children Raised by Lesbigay Versus Heterosexual Parents...................... 109 B. Critics Take a Fresh Look at the Research: Fatally Flawed or Flawed But Informative?................................................................ 110 C. The Importance of “Getting It Right” ................................................... 116 D. Three Recent Studies............................................................................... 119 II. DOES SOCIAL SCIENCE RESEARCH ON LESBIGAY PARENTING PROVIDE A BASIS FOR PROHIBITING LESBIGAY MARRIAGE OR ADOPTION ? .................... 120 A. Are Children Raised by Lesbigay Parents More Likely to Be Homosexual? ..................................................................................
    [Show full text]
  • Evolution, Politics and Law
    Valparaiso University Law Review Volume 38 Number 4 Summer 2004 pp.1129-1248 Summer 2004 Evolution, Politics and Law Bailey Kuklin Follow this and additional works at: https://scholar.valpo.edu/vulr Part of the Law Commons Recommended Citation Bailey Kuklin, Evolution, Politics and Law, 38 Val. U. L. Rev. 1129 (2004). Available at: https://scholar.valpo.edu/vulr/vol38/iss4/1 This Article is brought to you for free and open access by the Valparaiso University Law School at ValpoScholar. It has been accepted for inclusion in Valparaiso University Law Review by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at [email protected]. Kuklin: Evolution, Politics and Law VALPARAISO UNIVERSITY LAW REVIEW VOLUME 38 SUMMER 2004 NUMBER 4 Article EVOLUTION, POLITICS AND LAW Bailey Kuklin* I. Introduction ............................................... 1129 II. Evolutionary Theory ................................. 1134 III. The Normative Implications of Biological Dispositions ......................... 1140 A . Fact and Value .................................... 1141 B. Biological Determinism ..................... 1163 C. Future Fitness ..................................... 1183 D. Cultural N orm s .................................. 1188 IV. The Politics of Sociobiology ..................... 1196 A. Political Orientations ......................... 1205 B. Political Tactics ................................... 1232 V . C onclusion ................................................. 1248 I. INTRODUCTION
    [Show full text]