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This chapter presents an evolutionary account of law, conceptualising it as a dynamic and complex phenomenon that emerges from the interdependent interactions of individuals. It adopts a moderate methodological individualism, positing a human nature that combines aspects of Homo Economicus and Homo Sociologicus, characterised by bounded rationality and the use of heuristics in decision-making. Drawing on classical evolutionism from the Scottish Enlightenment (Hume, Smith, Ferguson) and Friedrich A. Hayek, along with new evolutionary theories such as Evolutionary Game Theory and Agent-Based Models, the study explains the emergence, stabilisation and change of legal rules. The framework considers three levels of evolution—biological, social and individual—which are correlated with Hayek’s abstract, unarticulated, and explicit rules. The chapter highlights how individual learning strategies, including various heuristics, and the influence of key agents like judges and legislators, profoundly shape legal orders. Ultimately, this evolutionary perspective aims to provide a comprehensive understanding of law’s evolving nature, integrating debates from the social sciences with legal philosophy.

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Law as the Outcome of a Permanent Process of Emergence, Stability and Change of Rules and Institutions

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  • 发表日期：

    2026年

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  • Eliana María Santanatoglia

摘要

This chapter presents an evolutionary account of law, conceptualising it as a dynamic and complex phenomenon that emerges from the interdependent interactions of individuals. It adopts a moderate methodological individualism, positing a human nature that combines aspects of Homo Economicus and Homo Sociologicus, characterised by bounded rationality and the use of heuristics in decision-making. Drawing on classical evolutionism from the Scottish Enlightenment (Hume, Smith, Ferguson) and Friedrich A. Hayek, along with new evolutionary theories such as Evolutionary Game Theory and Agent-Based Models, the study explains the emergence, stabilisation and change of legal rules. The framework considers three levels of evolution—biological, social and individual—which are correlated with Hayek’s abstract, unarticulated, and explicit rules. The chapter highlights how individual learning strategies, including various heuristics, and the influence of key agents like judges and legislators, profoundly shape legal orders. Ultimately, this evolutionary perspective aims to provide a comprehensive understanding of law’s evolving nature, integrating debates from the social sciences with legal philosophy.