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The coevolution of morality and legal institutions: an indirect evolutionary approach

Published online by Cambridge University Press:  07 December 2005

WERNER GÜTH
Affiliation:
Max Planck Institute for Research into Economic Systems, Strategic Interaction Unit, Kahlaische Straße 10, D-07745 Jena, Germany. Email: gueth@mpiew-jena.mpg.de.
AXEL OCKENFELS
Affiliation:
University of Cologne, Department of Economics, Albertus Magnus Platz, D-50923 Cologne, Germany. Email: ockenfels@uni-koeln.de (http://ockenfels.uni-koeln.de).

Abstract

Moral behavior and legal institutions coevolve. While evolutionary game theory has often analyzed the evolution of moral behavior within given institutional rules, it has not examined the coevolution of moral preferences and different institutional aspects of the decision environment. By an ‘indirect’ evolutionary approach, we analyze the coevolution of moral preferences (in the sense of trustworthiness) and legal institutions like court rulings and legal insurance. We find that preference detection capabilities crowd in morality and can thus render useless the role of courts and legal insurance as public institutions. Legal institutions become crucial for the emergence of morality, however, when information about preference types is not available. This holds true even when courts do not have superior detection capabilities than other agents.

Type
Research Article
Copyright
© 2005 The JOIE Foundation

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