A truly realistic theory of law does not only recognizes the judicial production of the law: today, everyone does it. It criticizes creationism (the idea law could be created ex nihilo), and aims at integrating the standard theory of law
by analyzing the indirect effects of human acts. The first section presents such a realistic approach as a form of evolutionism, first because it refuses creationism, then because it applies to the law some ideas stemming from Darwinian evolutionism. The second section outlines the law’s evolution from the jurisdictional to the legislative and constitutional states. The third section, finally, applies such a theory to the problem of the day: the securitization, or the relationship between freedom and security in times of global terrorism.
