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Full-Text Articles in Life Sciences

Proprioception, Non-Law, And Biolegal History, Owen D. Jones Apr 2019

Proprioception, Non-Law, And Biolegal History, Owen D. Jones

Owen Jones

This Article explores several advantages of incorporating into law various insights from behavioral biology about how and why the brain works as it does. In particular, the Article explores the ways in which those insights can help illuminate the deep structure of human legal systems. That effort is termed "biolegal history."


On The Nature Of Norms: Biology, Morality, And The Disruption Of Order, Owen D. Jones Apr 2019

On The Nature Of Norms: Biology, Morality, And The Disruption Of Order, Owen D. Jones

Owen Jones

This essay discusses the legal implications of bio-behavioral underpinnings to norms, morality, and economic order. It first discusses the recent book "The Great Disruption: Human Nature and the Reconstitution of Social Order," in which Francis Fukuyama explores the importance of evolved human nature to the reconstruction of social order and a thriving economy. It then addresses the extent to which we can usefully view law-relevant norms as products of evolutionary - as well as economic - processes.


Law And Behavioral Biology, Owen D. Jones, Timothy H. Goldsmith Apr 2019

Law And Behavioral Biology, Owen D. Jones, Timothy H. Goldsmith

Owen Jones

Society uses law to encourage people to behave differently than they would behave in the absence of law. This fundamental purpose makes law highly dependent on sound understandings of the multiple causes of human behavior. The better those understandings, the better law can achieve social goals with legal tools. In this Article, Professors Jones and Goldsmith argue that many long held understandings about where behavior comes from are rapidly obsolescing as a consequence of developments in the various fields constituting behavioral biology. By helping to refine law's understandings of behavior's causes, they argue, behavioral biology can help to improve law's …


Evolutionary Analysis In Law: Some Objections Considered, Owen D. Jones Apr 2019

Evolutionary Analysis In Law: Some Objections Considered, Owen D. Jones

Owen Jones

This Article appears in a special issue of the Brooklyn Law Review on DNA: Lessons from the Past - Problems for the Future. It first addresses why law needs insights from behavioral biology, and then identifies and responds to a variety of structural and conceptual barriers to such evolutionary analysis in law.