Darwinism and the Law

Your worldview (philosophy of life) influences your perceptions, beliefs and actions. That should be a "given". Darwinism has influenced many areas of society and culture, including our perceptions of the law.

How one defines law depends greatly on what one believes. The definition of law varies from culture to culture, religion to religion, and from philosophy to philosophy. It is important therefore to consider how different worldviews affect the way people think about law. Darwin’s theory of evolution is said to have generated a materialistic worldview that has had a significant impact on Western conceptions of law. Under the direct influence of Darwinism a profound transformation of legal studies took place in the nineteenth century. It is the main purpose of this article to reveal some of the philosophical implications of Darwinism and to explore how this particular worldview affected the general perception of law in Western societies. In so doing, this article focuses on legal theory and cultural conceptions of law, rather than on specific laws and rules.

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