Analyse critique de l‘intégration de principes Darwiniens au droit dans le contexte général de l‘affaire “R. c. Latimer”

Abstract

The Society for Evolutionary Analysis in Law has been advocating since its creation the inclusion of principles of evolutionary biology in law as a way of increasing the efficiency of the legal system. The objective of this paper is to evaluate the legitimacy, feasibility and necessity of such an inclusion in light of the Supreme Court of Canada’s decision in R. v. Latimer.

The principles of evolutionary biology appear to provide a better understanding of human behaviour. The inclusion of these principles in law, however, involves risks. Science’s inherent level of uncertainty and the difficulties underlying the application of Darwinian principles undermine the advantages of inclusion. Moreover, the necessity of these principles in law remains unclear, which suggests that their present adoption by the legal system would be premature.