Applying principles of biological evolution to legal development: an exploration

Abstract

The application of the biological principle of evolution has found a number of contemporary applications within the analysis of business activities. The application of these scientific principles is considered appropriate in a further application within the development of legal principles particularly in the context of the ongoing development of the European Union as a significant business environment. It is proposed within this paper that direct parallels may be drawn between the evolutionary principle of biological speciation and the emergence of legal principles within separate national boundaries. Contemporary principles of biological evolution are also considered in respect of the development of primary legislation which act on the development of law in a punctuated manner. These principles are examined in respect of the continued debates surrounding company law within the European Union, in particular the persistence of national legislation dealing with corporate mobility. In examining the appropriateness of applying biological evolution to the development of EU company law consideration is given to the development and functioning of the Societas Europaea (European Company) in respect of its legal environment.