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Biological substance of law and its (dis)harmony with recent conception of law
Rychtera, Jaroslav ; Maršálek, Pavel (referee)
The point of the paper is to compare the provision and some basic principals of the legal code accounting for human as a biological entity and a bunch of molecules assembled and functioning according to certain laws as a chemical entity, with biological rules. Laws as a social phenomenon affecting human by written and spoken language through the second signal system and sensory organs serves like certain chemical substances, e.g. pheromones, to coordinate specimen in their interactions with one another and with the society as a whole. For this reason it appears as a part of a biological signaling principal on the highest level. According to hierarchy principal should be this signalization in harmony with the lower level signalization or the level of individual organs, tissues and cells. Should it be otherwise, an unbalance occurs with all the results it implies. Should the law be a part of the hierarchy of biological signalization, the natural law theory, saying human is born with rights, that can only be recognized and described, can hardly be accepted. This recognizing and describing can is actually not only purely subjective opinion of the descriptor depending on the creation functional brain paths. Moreover, this ability is determined by the genetics and as such is very individual and is also...
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