Evolutionary psychology and the origins of justice

Authors
Citation
A. Walsh, Evolutionary psychology and the origins of justice, JUSTICE Q, 17(4), 2000, pp. 841-864
Citations number
74
Categorie Soggetti
Law
Journal title
JUSTICE QUARTERLY
ISSN journal
07418825 → ACNP
Volume
17
Issue
4
Year of publication
2000
Pages
841 - 864
Database
ISI
SICI code
0741-8825(200012)17:4<841:EPATOO>2.0.ZU;2-1
Abstract
Justice defines our discipline in both name and substance; yet its origin i s a neglected topic. I explore the origins of the human "sense of justice" from the perspective of evolutionary psychology. My thesis is that the huma n sense of justice is a biological adaptation in the fullest sense of the w ord: That is, an evolved solution to problems faced by our distant ancestor s. I explore the role of reciprocal altruism and of "cheating" and cheater detection as exerting pressure for the selection of moral outrage in our sp ecies. Moral outrage leads to the desire to punish, which serves an expiato ry role. This punishment can be tempered with mercy by tapping into the evo lved emotions of empathy and sympathy as cultural ideas defining all human beings as intrinsically valuable. Reconciliation and reintegration as conta ined in restorative justice are also examined from this naturalistic perspe ctive. I conclude by exploring how cultural variability can be accommodated .