PASSOS PARA UMA ABORDAGEM EVOLUCIONÁRIA DO DIREITO

Abstract

The article puts forward some fundamental ideas for the development of an evolutionary approach to law based on the radical behaviorist concept of a social system as a web of interlocked behavioral patterns. After discussing the three levels of behavioral evolution, namely phylogenetic, ontogenetic and sociocultural, the article explains how the emergence of a functionally specialized legal system based on legal organizations was able to internalize the process of legal evolution through the selection of legal norms by means of second-order legal contingencies.

Keywords

• Radical behaviorism
• Second-order social contingency
• Social system
• Sociocultural selection