Game theory is a branch of mathematics which studies strategic interactions, i.e., interactions which involve more than one agent and in which each agent makes her decision while striving to predict the decisions of other agents. Game theory has been successfully applied in many areas of both the natural and social sciences, and it is the belief of this book’s author – Wojciech Załuski – that it can also be gainfully invoked in the area of legal philosophy. In this book, Załuski analyzes such legal-philosophical concepts as legal interpretation, justice, legal rights, contract, tort and property law through the lens of game theory. Since the book does not assume any previous knowledge of game theory, appeals mainly to its conceptual rather than the technical side, and intertwines game-theoretical analysis with the philosophical, it will be accessible to a wider circle of readers interested in legal and moral philosophy.
The aim of the book is to present various ways in which evolutionary theory, via
the picture of human nature it suggests, can contribute to the analysis of three
- arguably main - legal-philosophical questions: the ontological question - what
is the nature of law; the teleological-axiological questions - what are the main
values to be realized by law; and the normativity question, which has two
aspects: normative - what explains the fact that legal norms provide reasons for
action, and motivational - what explains the fact that humans can be motivated
by legal norms. It is argued that evolutionary theory suggests non-trivial
answers to these questions, and that these answers can become the building
blocks of a new - evolutionary - current in legal philosophy.