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On the origin of laws by natural selection

Research output: Contribution to journalArticlepeer-review

5 Scopus citations

Abstract

Humans are lawmakers like we are toolmakers. Why do humans make so many laws? Here we examine the structure of laws to look for clues about how humans use them in evolutionary competition. We will see that laws are messages with a distinct combination of ideas. Laws are similar to threats but critical differences show that they have a different function. Instead, the structure of laws matches moral rules, revealing that laws derive from moral judgment. Moral judgment evolved as a strategy for choosing sides in conflicts by impartial rules of action—rather than by hierarchy or faction. For this purpose, humans can create endless laws to govern nearly any action. However, as prolific lawmakers, humans produce a confusion of contradictory laws, giving rise to a perpetual battle to control the laws. To illustrate, we visit some of the major conflicts over laws of violence, property, sex, faction, and power.

Original languageEnglish
Pages (from-to)195-209
Number of pages15
JournalEvolution and Human Behavior
Volume44
Issue number3
DOIs
StatePublished - May 2023

Keywords

  • Alliances
  • Evolutionary psychology
  • Laws
  • Moral judgment

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