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Between Biology and Law, notes to the anthropology of institution
Skripnik, Ondřej ; Sokol, Jan (advisor) ; Špinka, Marek (referee) ; Přibáň, Jiří (referee)
Between Biology and Law, notes to the anthropology of institution The aim of this text is to describe and to understand, how the biology, exactly human ethology works with the term human nature. The question is, if the theory of law could profit from the cooperation with human ethologic thinking, if the human ethology could be used as the background of nature law theories. Answering the question can be essential for the discussions about human rights. The first part describes the paradigms of classical and Neo-Darwinism ethology to compare these with the traditional concept of human nature in philosophy. Using anthropology of law (Hoebel, Pospíšil, Wesel) the explication accents the system of reciprocal obligation as a base of law. This point allows bringing some critical notes to the relevance of ethologic research for the theory of law. In the second part there are discussed four fields of human ethology research - territorial, competitive and anti-competitive, family behaviour, which are relevant for the property law, criminal law and family law. The reader can evaluate by himself the differences between the human ethology and social science perspectives.
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