Introduction

Any body of law is based upon several things, most obviously upon the culture and history from which it has developed and upon the desires of the people it governs. The biological basis of law identifies the universals that lie deeper than that, that underlie all law. Just as the great variety of human languages obscures the common biological basis of language, so also the variations in bodies of law mask a common biological process upon which all law is based. That basis and the underlying legal structure that results from it is the subject of this theory.

Gemini

This site presents the theory in three ways. The Core sets out the central propositions of the theory, outlining the full picture without frills. Frills are the business of The Story: Rights + Wrongs, which sets out the theory in narrative form. The Purpose explains the relationship between law and freedom.

Watch the welcoming video featuring Hugh Gibbons. Video.

Overview
The Biological Basis of Law website has two aspects. The first lays out the theory, the second contains concrete material that sheds light on the theory or applies it to legal problems. We have provided the first aspect, in the form of the Story, the Purpose, and the Core, hoping that you and others will amplify, test, critique, and apply the theory, contributing to the second aspect of the site.

The Story is a series of Flash movies containing video clips and other multimedia elements that gives a narrative introduction to the Biological Basis of Law.

The Purpose is an essay detailing the major themes of the theory for people who are more accustomed to assimilating information in that form.

The Core contains the main points of the Biological Basis of Law in an outline structure.

If this is your first visit to this site, it is recommended that you view the Story first, the Purpose second and the Core last, as that seems to be the most natural way to approach the different sections. Of course this is simply a recommendation and you should feel free to explore the site in whatever manner you wish.

Orestia
The second aspect of the site is devoted to “chunks,” which come in a variety of flavors. The chunks are designed to pick up points contained in the other sections of the website and expand upon them either through an application, a counter-example, an illustration or an expansion. An application is an attempt to predict how the Biological Basis of Law would deal with a particular legal, political or social problem. A counter-example is an example of law from any culture or nation that is demonstrably inconsistent with the Biological Basis of Law. An illustration is an instance that manifests the themes and contentions of the theory. Expansions delve more deeply into particular areas.

Is vengeance justified?

Each area of the site discusses the basis of law in a different manner.

 

The Biological Basis of Law covers a wide range of human endeavors and in an effort to keep the essence of the site accessible we have kept the site as lean as possible. This design has two benefits. It allowed us to keep the initial groundwork for the site manageable, and it allows people more knowledgeable in their respective fields to expand and debate the contentions found on the website. Throughout this site you will see the email icon. We encourage you to expand, dispute, refine or rearticulate the contentions these icons are attached to. If you find that the icon is not available for the point you would like to comment on, please use the general contact function in the help section of this site. To facilitate discussion we ask that you be as specific as possible about which portion of the site you are commenting on.

One thing you will notice about the site is how interconnected the various pieces are. It is quite possible to start in the Story, view a number of video clips, jump to the relevant section of the Core, explore a number of illustrative chunks relating to that point in the Core and go to a section of the Purpose that more fully discusses a particular chunk. To make all of this more manageable, a number of additional navigational aids have been built into the site. At the top of each page you will see a series of buttons that will take you to the beginning of the relevant portion of the website. These are the most general navigational tools available to you as you explore the site. In the left hand column you will find another series of buttons that will let you navigate the particular section you are in. For example, if you are in the Purpose, the left hand column will contain a series of links that will take you to particular sections of the Purpose. Tying all of this together are bread crumbs which can be found at the bottom of any page. These bread crumbs are designed to track your progression through the site and can be used to return to any other page that you have previously visited.

Parliament

Where do rights come from?

The different areas of the site interconnect to answer questions like this.

 

Within the body of the site, where the majority of the text is located, you will see a variety of selectable icons. Below is an explanation of how the various icons are used in the site.

If there are any additional questions about how the site is structured and how to interact with it, please look at the FAQ. If you cannot find the answer to your particular question or would like to comment please e-mail us at bbol@piercelaw.edu.

Watch the welcoming video. Video.

FAQ

What is the Biological Basis of Law?

Who developed this theory?

Who created this website?

How can I contact the webmaster?

How can I contribute to the website?

How does the website work?

What do all the buttons and icons mean?

Can I download any of this stuff?

Can I get it on CD?

How do I report a problem?

What do I need to install to get this site to work?

What is the Biological Basis of Law?

Just as the great variety of human languages obscures the common biological basis of language, so also the variations in bodies of law mask a common biological process upon which all law is based. That basis and the underlying legal structure that results from it is the subject of this theory.

Read the overview for more. Overview.

Who developed this theory?

This theory began in a conversation between Hugh Gibbons and Professor Theodore Lowi in 1970. Lowi had written the very successful The End of Liberalism, in which he posited the development of "juridical democracy," a principle-based regime that he argued would replace the worn-out "interest group" democracy typical of the American system. A government driven by unprincipled interests could never achieve justice. As a lawyer, it was Gibbons's job to figure out what this justice was about and the shape of a regime that had justice at its core.
Gibbons has spent the last third of a century pursuing that idea with the able assistance of many hundred law student members of his course in Legal Philosophy. The trail of that study, which began as a normative pursuit (building a "better" system), became over the years a descriptive one (what do we have? where did it come from?). The contribution of the students to the theory cannot be overemphasized, particularly the contribution of Nicholas J. Skinner, whose observations and formulations permeate the theory.

Who created this website?

BiologyofLaw.com is the creation of Brad Gennings, who was responsible for the implementation and graphical design of the site, and Kee Kim and Hugh Gibbons, who were responsible for the content.

How can I contact the webmaster?

Click here.

How can I contribute to the website?

Click the mail icon Mail to send a message from anywhere in the site. We will treat your message as a contribution to the site, perhaps including it as an application, illustration, expansion or counter-example under your name unless you indicate that you do not want us to do so. We welcome your contribution. Your contributions are, in fact, the reason we created the site.

How does the website work?

The overview provides a detailed explanation of the aim and content of the website. Click here to read it.

What do all the buttons and icons mean?

Throughout the site you will find the following buttons and icons.

Mail The mail icon is found throughout the site next each point or idea. Click on it to send a message about the corresponding section. We will treat your message as a contribution to the site, perhaps including it as an application, illustration, expansion or counter-example under your name unless you indicate that you do not want us to do so. We welcome your contribution. Your contributions are, in fact, the reason we created the site.

Each section of the website can be navigated through by use of the following buttons:

This button links to the previous page in the section.

This button links to the top of the current page.

The continue button links to the next page in the section or continues to the next area.

Each part of the theory has its own icon.

links to the Story.

to the Purpose.

to the Core.

The theory is amplified and applied to specific legal problems through a series of explanations, illustrations, applications, and counter-examples that you access by clicking the following icons.

"Application" An application applies the theory to a current or prospective legal problem; it "solves" the problem using the propositions in the theory.

"Counter-example" A counter-example or a counter-argument presents empirical or theoretical material that runs counter to the propositions of the theory.

"Illustration" An illustration gives a real-world example of the concept or proposition that is under discussion.

"Expansion" An expansion goes more deeply into the subject that is under examination. It is there for those who are interested in the subject and want to pursue it further.

The Core has additional navigation icons which allow for further examination of the many layers of that set of propositions.

collapses the current layer of the Core showing the more basic propositions.

expands the current layer of the Core showing subpoints of the more basic proposition as well as further explanations of the propositions.

Can I download any of this stuff?

Yes, have some. Click here to open the download page.

Can I get it on CD?

Although most of the content of this website is web-based only, you can order the Story: Rights+Wrongs on a self installing CD-ROM. Click here to skip to the link below.

How do I report a problem?

If you find a bug and would like to report it, click here to contact the webmaster. Alternatively, click on any of the email links on any page you would like to comment on. Although we may not respond to problem reports immediately we will strive to correct the problem as soon as possible and appreciate your comments.

What do I need to install to get this site to work?

You will need Windows Media Player 6.4 or later to watch the videos and Macromedia Flash 6 or later to view chapters of the Story and some elements of the site. To view the Story you may also need a high speed connection. A self installing CD-ROM version is available for a nominal fee. The latest version of your preferred browser is recommended. Setting your display to at least 800x600px and 24bit color or better is also highly recommended.

Click here to go to Microsoft's Windows Media Player download page.

Click here to go to Macromedia's Flash Player download page.

Click here to order the Story: Rights+Wrongs, on CD-ROM.

Sitemap
 
The Story
The Purpose
The Core

Introduction

Overview

Chapter 1

Chapter 2

Chapter 3

Chapter 4

Chapter 5

Chapter 6

Chapter 7

Chapter 8

Chapter 9

Chapter 10

Chapter 11

Chapter 12

Chapter 13

Chapter 14

Chapter 15

Sections 1-6

1. A framework for law
2. Freedom
3. The freedom set
4. Cause of freedom
5. Protecting freedom
6. Enforcing rights

Sections 7-12

7. Law enforcement
8. Minimizing constraints
9. Controlling shoplifting
10. Value of constraints
11. Law’s duty of care
12. The liberty frontier

Sections 13-18

13. Charting catastrophe
14. Delivering the goods
15. Rules of the game
16. The speed limit
17. Gambling
18. Gambling disorder

Sections 19-24

19. Freedom function
20. Civil entitlements
21. Health insurance
22. The greatest freedom
23. The insanity defense
24. Right and good

Sections 25-31

25. The duty to rescue
26. Law’s biological basis
27. Rights in entitlements
28. The source of duties
29. Rewarding wrong
30. The greatest freedom
31. ... for all

Expansion 1

Expansion 2

Expansion 3

Expansion 4

Expansion 5

Legal

Tools

Copyright Statement

Privacy Policy

Help

Chunks

Help

Download

Intro Video

 

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