Evolutionary influences in legal theory: mediator monkeys, egalitarian rats and the role of moral instinct in legal regulation

Abstract

Psychologists study individual and group decision-making processes, thus exploring the psychological background of moral choices. The psychological approach helps to understand how an individual’s moral sensitivity develops and how social environment influences one's decisions. Some psychologists view moral emotions as distinguishing factors between Homo sapiens and Homo economicus. However, this does not mean that emotions deviate people from rational decision-making, making them irrational. On the contrary, modern affective psychology, supported by evolutionary arguments, suggests that moral intuitions curb our immediate self-interests to promote the long-term well-being of ourselves and our communities. This moral instinct has roots in the broader animal kingdom, to which we still belong, even if we often forget. The theory of moral intuitions, embedded in our cognitive system, could create a new paradigm in legal theory. This study presents the arguments for moral instincts, how they shape the structure of law, and when moral heuristics may lead us astray.