NCJ Number
132584
Date Published
1991
Length
182 pages
Annotation
After reviewing some of the key findings of modern behavioral sciences, notably evolutionary biology and ethology (the science of animal behavior derived from the work of Konrad Lorenz), this book applies these findings to the construction and administration of family law and environmental law.
Abstract
The discussion of modern concepts in evolutionary biology and ethology notes the importance of altruistic and cooperative human behaviors as crucial for human life in large, complex social groups. The author does not assert that all human behaviors are determined by biology but rather concludes that behavior derives from cultural and other factors as well. Neither does the discussion assume that human behaviors that have a basis in evolutionary biology should receive some special accommodation in law. The book views humans as arenas for conflict between a violent and selfish self and a self that is altruistic and loving. Law, according to the author, is one of the devices that human beings have developed to mediate between these two aspects of human behavior. Law can be used to both inform and develop those behaviors deemed essential for the survival and welfare of society and individuals. The final two chapters illustrate this use of law in the areas of family and environmental law. The discussion of family law focuses on the functions of sexuality including pair bonding and marriage, procreation, care for the progeny, and the evolution of the human family structure. The chapter on environmental law focuses on ethology and the survival goals implied in environmental law. 5 notes and 163 references