Keywords

rule of law, theories of law, legal theory, natural law, cognitive epistemology, F. A. Hayek, coordination thesis

Abstract

This paper presents an assessment of current theories of law and their continuing failure to account in a convincing way for the rule of law as an ideal that guides and reassures modern democratic societies. It then explores the possibility that emerging understandings of human evolution and brain function may help us understand the process of convention making in a way that could reveal the underlying moral and epistemological context of law and allow us to identify a complete set of standards for the rule of law in human societies.

Document Type

Presentation

Publication Date

2009-10-16

Permanent URL

http://hdl.lib.byu.edu/1877/3372

Language

English

College

Family, Home, and Social Sciences

Department

Political Science

University Standing at Time of Publication

Full Professor

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