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Family Law and Evolution, Behavioral Genetics

Research Project

Project/Area Number 18530083
Research Category

Grant-in-Aid for Scientific Research (C)

Allocation TypeSingle-year Grants
Section一般
Research Field New fields of law
Research InstitutionHosei University

Principal Investigator

WADA Mikihiko  Hosei University, Faculty of Law, Professor (10261942)

Project Period (FY) 2006 – 2007
Project Status Completed (Fiscal Year 2007)
Budget Amount *help
¥1,680,000 (Direct Cost: ¥1,500,000、Indirect Cost: ¥180,000)
Fiscal Year 2007: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2006: ¥900,000 (Direct Cost: ¥900,000)
Keywordsgender / family law / evolutionary biology / civil code / law of inheritance / evolutionary psychology / ethics / game theory / 遺伝学 / 適応度 / 自然法
Research Abstract

The present research focuses on the question “What is law ? What is the evolutionary foundation of human law ? " using the Japanese family law and law of inheritance as sample material.
1. Chapter 1 “Family Law and Evolutionary Biology" deals with the following:
(1) The financial duty of ex-husband to support his ex-wife after divorce was analyzed by using evolutionary biology, focusing on the sex difference, and then was thereby concluded valid.
(2) The reason why human males did group hunting during the hunter-gatherer age was not only to acquire affluent and good protein, but also to get all the males of the group out for hunting during the day, so that none of the males would “cheat" and mate with females, which then make the group males confirm the father-child relationship by assuring monogamous sexual relationships.
2.Chapter 2 “Family Law, Law of Ineritance and Evolutionary Psychology" deals with the following:
(1) Duty of keeping monogamous sexual relationship amongst married human couples can be explained and justified by “jealousy", which has been the object of recently developed evolutionary psychology. (2) When the person who passed away has no children or parents, his/her only heir is the married parter and “takes it all," based on the Japanese law of inheritance. This can be explained by evolutionary psychology of “commitment for investment on carrying forward the genes of the married partner." (3) What behaviors are desired to be “done in my sight (DIMS) " or “done out of my sight (DOMS), in relation to general (legal) behaviors.
3. Chapter 3 “The Elavators ' Dilemma: How Ethics and Law Evolve" deals with case analyses of people, who have to choose between “normal" elevator button and “for-the-handicapped" elavator button, and essays to explain how ethics and rules, and finally laws evolve.

Report

(3 results)
  • 2007 Annual Research Report   Final Research Report Summary
  • 2006 Annual Research Report
  • Research Products

    (3 results)

All 2007 2006

All Journal Article (2 results) Book (1 results)

  • [Journal Article] 相続の承認及び放棄2007

    • Author(s)
      和田 幹彦
    • Journal Title

      別冊法学セミナー基本法コンメンタール相続 193

      Pages: 107-138

    • Related Report
      2007 Annual Research Report
  • [Journal Article] 精子提供者の死後に体外受精、出生した子の認知請求訴訟事件(判例研究)2007

    • Author(s)
      和田幹彦
    • Journal Title

      季刊教育法 3/25号

      Pages: 70-73

    • Related Report
      2006 Annual Research Report
  • [Book] THE FULBRIGHT BRAINSTORMS ON BIOETHICS BIOETHICS : FRONTIERS AND NEW CHALLENGES2006

    • Author(s)
      WASA Mikihiko ほか
    • Publisher
      Principia (Lisobon, Portugal)
    • Related Report
      2006 Annual Research Report

URL: 

Published: 2006-04-01   Modified: 2016-04-21  

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