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Intro -- Table of contents -- Preface -- THE GENOMICS REVOLUTION IN THE SHADOW OF AUSCHWITZ: EUGENICS, GENISM, AND GENETIC GENOCIDE -- Equality and genomics -- Genetic genocide -- What future for our species? -- HUMAN GENETIC ENGINEERING AND THE PROBLEMS OF DISTRIBUTIVE JUSTICE -- Introduction -- HGE as a subject of moral-philosophical discussion and research -- Genetic engineering, genetic enhancement and distributive justice -- Conclusions and further questions -- GENETIC TESTING - PRESENT AND FUTURE PROBLEMS -- Free consent -- Access -- The right to know or not to know -- Privacy -- Commercialization -- Discrimination -- Conclusion -- WHAT IS SO UNFAIR ABOUT USING GENETIC INFORMATION? THE PROBLEM OF GENETIC DISCRIMINATION -- Introduction -- Genetic information, testing and screening -- Use of genetic information -- What is genetic discrimination? -- How may genetic discrimination manifest itself? -- Laws prohibiting genetic discrimination -- Some arguments against the prohibition of genetic discrimination -- Some arguments for the prohibition of genetic discrimination -- When genetic features are unjustified criteria of different treatment- challenging genetic determinism -- Concluding remarks -- SOME REMARKS ON THE NATURALIZATION OF LAW -- Introduction -- Case study: Petrażycki's legal theory -- Case study: Załuski on the evolutionary philosophy of law -- Concluding remarks: how to naturalize law? -- REVISITING 'EQUALITY IN EXCHANGEREVISITED': CONTEMPORARY EVOLUTIONARY (GENETIC AND CULTURAL) APPROACHES TO HUMAN BEHAVIOUR AND THE NORMATIVITY OF LAW -- Introduction -- Substantive fairness in modern western contract law theory andin exchange in pre-commercial societies -- Fairness in (cross-cultural) economic experiments -- Evolutionary approaches to social (fairness) norms, punishment andpro-sociality in humans.
Conclusion: Dual inheritance theory or gene-culture co-evolutionary theory and evolutionary analysis in law -- LEGAL POSITIVISM AND EVOLUTIONARY PSYCHOLOGY: CAN LEGAL POSITIVISTS LEARN SOMETHING FROM DARWIN? -- What is evolutionary biology and why should social scientists bother? -- The relevance of evolutionary psychology for positivist theories thatre construct law as a purely or essentially normative phenomenon -- Evolutionary psychology and the legal realist approach: a Darwinian perspective on judicial behaviour? -- Conclusion -- NEUROLAW. A NEW PARADIGM IN LEGAL PHILOSOPHY -- Introduction -- Two perspectives -- Neurolaw - from the philosophical point of view -- Normative judgments -- Neurolaw from a practical point of view -- THE QUESTION OF NON HUMAN PRIMATES MORALITY -- Introduction -- Problems with morality defining -- Empathy in non human primates -- Sense of fairness and fairness-related emotions -- Conclusions -- ANIMALS AS MORAL AGENTS -- Equal consideration of interests -- Moral agency -- Feeling pain -- Animal interests and animal rights -- Conclusion -- SOME PSYCHOLOGICAL ASPECTS OF KNOWLEDGE MANAGEMENT IN LEGAL PRACTICE -- Introduction -- Technology, knowledge management and cognition -- Legal practice and knowledge management technology -- Conclusion -- ON THE MEANING OF THE CONCEPT OF POSITIVE FREEDOM AND ITS ROLE IN NORMATIVE DISCOURSE -- Two concepts of freedom -- Traditional accounts of positive freedom -- A proposal of explication of the concept of positive freedom -- Objections against positive freedom -- About the Authors.
The present book is the fifth volume of the series Studies in the Philosophy of Law which has appeared since 2001. The previous three volumes had a monographic character, the last one being devoted to the various issues of bioethics, law and philosophy and the previous one to the topic of the economic analysis of law. Both of these were published in English. This volume is part of a research project "Biojurisprudence" pursued from 2007 through 2010 by the Department of Philosophy of Law and Legal Ethics at the Jagiellonian University and sponsored by the Polish Ministry of Science and Higher Education. Within the project our team has published many articles, monographs and edited works such as the Studies in the Philosophy of Law, vol. 4: Legal Philosophy and the Challenges of Biosciences (edited by J. Stelmach, M. Soniewicka and W. Zaluski, Jagiellonian University Press, 2010). One monograph, entitled Evolutionary Foundations of Law was written by Dr. Wojciech Zaluski and was published in both Polish and English in 2009. We have also prepared a joint monograph entitled Paradoxes of Legal Bioethics and which is forthcoming this year.
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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2019. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.