The Evolutionary Psychology of Lex Rex

                                    A Contemporary German Print of the Execution of Charles I

The evolutionary psychology of Lex Rex--that the law rules over the king--depends on two points.  First, we need to see how as opposed to regicide by assassination (murder), regicide by legal execution (as in the trial of Charles I) affirms the impersonal rules of law as superior to absolute monarchy's rule by personal threats.  This understanding of law as impersonal or impartial moral rules is unique to human beings because it arises from the natural evolution of the human capacity for the language of rational symbolization.

The second point is that the denial of the sacred authority of the king to rule with impunity was part of the cultural evolution of the rise of theocratic sacred monarchy (beginning in ancient Mesopotamia) and its decline (beginning in 17th century England) culminating in the Lockean liberalism of King Charles III's Christian monarchy.

Two Kinds of Regicide

In the first systematic and quantitative study of regicide in Europe, Manuel Eisner (2011) has collected data on the frequency of violent death and regicide among 1,513 monarchs in Europe between AD 600 and 1800.  He has distinguished four categories of violent death: accident, battle death, murder, and legal execution.  He found that in the seventh century, the frequency of regicide was 2,500 murders per 100,000 years in office.  There was a long decline in regicide.  So that by the eighteenth century, the frequency of regicide was about 200 per 100,000 years in office.  By comparison, the homicide rate in Western Europe today is around 0.6-1.5 per 100,000 person-years.  Clearly, then, European kingship before the Industrial Revolution was one of the most dangerous occupations in the world, comparable to that of soldiers in combat.

Eisner found that for most of this history, regicide by assassination was carried out within the noble elite in the competition for political rule.  But, then, by the seventeenth century, regicide became a matter of legal execution--the execution of Charles I in England in 1649 and the execution of Louis XVI in France in 1793.  In the Glorious Revolution of 1688, James II was deposed and defeated in war without being executed.

The decline in regicide seems to be part of the general historical decline in homicide (Eisner 2003; Pinker 2011).  This general pattern of declining violence seems to be associated with a Hobbesian pacification process, in which the state claims a monopoly on the legitimate use of violence, and with a Lockean liberal culture of bourgeois virtues that arise in modern commercial societies, in which people learn to control their violent impulses for the sake of peaceful economic and social exchange.

Jane Goodall and other primatologists have presented evidence that chimpanzees are similar to human beings in the practice of political assassinations.  There is plenty of evidence of chimpanzees from one community killing individuals from another community, which looks like warfare.  Goodall's observations of chimpanzee intercommunity violence have now been confirmed by similar observations from many chimpanzee communities across Africa.  

What is most surprising about this is that lethal violence within chimpanzee communities is extremely rare (Newton-Fisher and Emery Thompson 2012).  Chimpanzees often become aggressive in conflicts with one another, but they usually resolve their conflicts without physical contact; and even if there is some physical violence, it is almost never lethal, even though chimpanzee canines are powerful weapons for wounding and killing victims.  Most aggression between adult males consists of bluffing attacks without physical contact--threatening gestures and vocalizations and charging displays.  (This is also true for human beings, who often engage in bluffing displays of aggression, but for whom homicide is rare, despite the publicity given to homicidal violence.)

After decades of observations of chimpanzee communities across Africa, there have been only four documented cases of lethal violence between adult males of the same community, in which a coalitional gang of adult males killed a lone victim.  Kaburu et al. (2013) point out that the individuals killed in these cases were either low-ranking males or they were previously deposed alpha males.

In the revised edition of his Chimpanzee Politics, Frans de Waal reported that in the summer of 1980, Luit--the alpha male of the chimpanzee community in the Arnhem Zoo in the Netherlands--was attacked brutally and killed by Nikkie and Yeroen, who had previously been alpha males (de Waal 1998, 211-214).  De Waal describes the bloody scene: "Apart from biting off fingers and toes and causing deep gashes everywhere, the two aggressors removed Luit's testicles, which were found on the cage floor."  This looks like a political assassination.  But it's hard to know whether this case of lethal violence among captive chimpanzees is an abnormal consequence of their captive conditions.  The killing of Luit occurred at night, when the chimps were confined in their night cages.

Kaburu et al. claim to report the first case of lethal violence among wild chimpanzees in which the victim was the incumbent alpha male.  PM was the alpha male of the M-group of chimpanzees in the Malale Mountains National Park in Tanzania when he was killed on October 2, 2011.  He had been the alpha male since 2007.  After a bloody fight between PM and PR, the beta male, PR left.  A weakened PM  was then attacked brutally by a coalition of four other adult males, including two former alpha males (AL and DE).  AL was the alpha male overthrown by PM in 2007.  After the killing, there was a period of social instability.  AL became the alpha male for a short time.  But by November, PR had become the alpha male and is now the alpha male of the M-group.

Kaburu et al. explain this as an opportunistic attempt by AL (the third ranking of 10 adult males) to seize the alpha position once he saw that PM was weakened by the fight with PR, although AL was unable to hold his alpha position for long against the challenge of PR.

When I asked Michael Wilson (a primatologist at the University of Minnesota) about whether there were any other cases of alpha males being killed, he mentioned two cases at Gombe.  Vincent was the alpha male of the Mitumba community at Gombe.  He fell from a tree and severely injured himself.  He lived for another three months before two adult males attacked and killed him.  Michael says he has not yet written a report of this case.

The second case was that of Goblin, another alpha male at Gombe.  He was severely attacked and would have died if a vet had not treated his wounds.  Kaburu et al. mention this case, but they claim that Goblin had been deposed from his alpha position before the attack.

Even if chimpanzees show a few cases of political assassination of an alpha male, which is comparable to the political assassination of a king among human beings, it is clear that chimps are incapable of the legal execution of a leader, because legal execution implies laws as impartial moral rules, which requires the uniquely human capacity for rational symbolization.

Previously, I have written about Peter DeScioli's argument that laws are moral rules for choosing sides in conflicts by impartial rules of action, which arose first in the human environment of evolutionary adaptation--or in what Locke called the "state of nature."  Laws as impartial rules require moral judgment, which is unique to human beings, because moral judgement depends on the human rational or symbolizing mind that can grasp and share the abstract symbolic values of the good and the just.  

Dominant chimps rule by personal threats: if you challenge my alpha male dominance, I will punish you.  Tyrannical humans sometimes rule by personal threats.  But humans can also formulate impartial laws for judging who has the right to rule:  in America, whoever is elected president by the proper constitutional procedures has the right to rule as president as long as he is constrained by the rule of law.

Charles I claimed to rule by the law of absolute monarchy--that "the king can do no wrong" and is thus above the law--but this was really a personal threat disguised as impartial law.  Because by impartial law, kings must follow the laws like anyone else.  And so, if the king commits murder by initiating a Civil War in which he kills his own people, then he is guilty of murder and should be punished for it as any other murderer would be.  The legal trial and legal execution of Charles I affirmed that principle--that Law is king over the king.

The Cultural Evolution of Sacred Monarchy from Hammurabi to King Charles III

This is a tracing of a rock drawing from a cave at the stone age site of Remigia, Castellon, Spain, dated to sometime before 6500 BCE.  Christopher Boehm used this rock drawing at Remigia to illustrate the importance of capital punishment in the evolution of morality and egalitarian hierarchy.  He observed that on the right we see ten men jubilantly holding their bows over their heads.  On the left, we see a man lying on the ground with exactly ten arrows sticking in his body or on the ground.

It's hard to know for sure what has happened.  The victim could have been a prisoner of war who has been executed.  In fact, other drawings at Remigia show scenes of warfare.  But Boehm suggests that given what we know about hunter-gatherer foragers in the ethnographic record, it's more likely that the victim here was a deviant member of the band who had violated the moral rules of the band--perhaps by murdering someone--and he was becoming a bully who was trying to assert his dominance over the group.   

This also illustrated Boehm's "ambivalence model" of human nature in politics.  Human politics arises from the complex tension between three levels of our evolved political psychology: dominance, deference, and counter-dominance.  Some human beings want to have dominance over others.  Most human beings are inclined to defer to the rule of the dominant ones.  But when that dominance becomes despotic and exploitative, people will resist that dominance and punish the bullies by shunning them, ostracizing them, or--in the most dangerous cases--killing them.  Previously, I have written about this as showing the evolution of equal liberty through capital punishment.

But then about seven thousand years ago, the first agricultural settlements appeared in the ancient Near East.  And about five thousand years ago, the first urban states appeared.  The city of Uruk emerged in ancient Mesopotamia around 3,200 BC.  These states were the first sacred monarchies, in which the king claimed the absolute power to rule by divine right.  This claim to rule by divine authority is evident in the black stone stela that present the Laws of Hammurabi that were compiled toward the end of the reign of Hammurabi (1792-1750 BC), who was the sixth ruler of the First Dynasty of Babylon.

The Louvre stela is almost seven and a half feet tall.  The top one-third of the stela shows the sun-god Shamash, the god of justice, seated on his throne, with King Hammurabi standing before him.  It is not clear whether the god is dictating the laws to Hammurabi, or Hammurabi is presenting the laws to the god, or Hammurabi is accepting the rod and the ring that are the emblems of authority.  In any case, this conveys the clear message to the viewers--even the many illiterate people who cannot read the laws--that Hammurabi's laws are divinely authorized by the god of justice.

The evidence collected by anthropological archaeologists--that has been surveyed by Kent Flannery and Joyce Marcus in The Creation of Inequality--has shown that in the first monarchic states, the power of rulers over their subjects could not be legitimated by reason alone, and rulers had discovered that they needed to pretend that they ruled by divine right--that political rule was sanctified by a religious cosmology.  Originally, the first human beings had no rulers other than the gods, but eventually they were persuaded that some human beings could rule with divine authority.

Every society has some cosmological explanation for how human beings and their world came into existence, and this cosmological creation story provides moral sanction for their social order.  Typically, the world begins as a formless chaos, and then some supernatural spirits create order out of this chaos, including the creation of human beings.  This creation story constitutes the moral charter for a society because it provides a sacred origin for the moral rules of a society. And thus religious belief is an evolutionary adaptation for binding people together into social groups.

Originally, among nomadic hunter-gatherers, the cosmological creation story sanctioned a celestial dominance hierarchy: the invisible supernatural beings were the alphas, the invisible ancestors were the betas, and the living human beings were the gammas.  Therefore, originally, all living human beings were equal in their subordination to the invisible gods and ancestors.  Inequality of social ranking arose when some living human beings successfully claimed that they or their clans were divine or divinely sanctioned for rule over others, and thus there was a cosmological justification for inequality.

Here in ancient Mesopotamia is the first cosmic teleology of human law as rooted in divine law, which is developed in Plato's Timaeus and the Bible, and which becomes the theme of the Divine 
Cosmic Model of the universe that runs through human civilization for four thousand years.  

But even though this mysterious magic of a sacred monarchy could win the deferential submission of people, a tyrannical monarchy often provoked the resistance of the people.  As I have indicated in my posts on Hammurabi's Laws and the Mesopotamian kingships, whenever a king increased his exploitation of his people--through increased confiscation of grain, increased taxation, increased conscription of soldiers and laborers--this provoked flight or rebellion.  The records of the Mesopotamian states are full of evidence of people running away from their states--slaves running away from their enslavement, soldiers running away from their conscripted service in war, taxpayers running away from oppressive taxation, laborers running aways from coerced labor, and people generally running away from cities racked with famine and contagious diseases.  

There is also evidence that over 3,000 years of Mesopotamian life, there were hundreds of rebellions.  Historian of the Ancient Near East Seth Richardson (2010, 2016) has noted that rebels against the state were described by state authorities as "the violators of contracts (mitgurtu, rikistu)."  The Akkadian words mitgurtu and rikistu denote agreement, consent, contract, or treaty.  Richardson has observed:  "These motifs relating to violation-of-contract strike a familiar chord to us moderns, since they suggest the premise of a social contract between ruler and ruled, or at least the existence of legal treaties and loyalty oaths" (2010: 9).

Not only in ancient Mesopotamia, but also throughout the ancient Mediterranean world--the Near East, Greece, and Rome--one sees the same pattern of rebellions against the state in which rebels assert their natural freedom from oppression and thus confirm Locke's understanding of government as dependent on the consent of the governed (Howe and Brice 2016).

But this raises a question:  if there was so much popular resistance to the tyranny of sacred monarchy, then why was it the predominant form of government for five thousand years?  Throughout most of this history, the number of monarchies far exceeded the number of nonmonarchies.  

But then around 1900, the number of nonmonarchies surpassed the number of monarchies.  Today, there are very few monarchies in the world, and most of the most prominent monarchies today--like Great Britain--have a purely ceremonial monarch who has no sovereign power to rule.  This raises a second question:  why has monarchy declined in the last few centuries?

As I have indicated in some previous posts, there are at least two kinds of answers to the question of why monarchy was the prevalent form of government for thousands of years.  The first answer is that historically monarchies have been limited in their exercise of sovereign power over their people, and thus they have been limited in their capacity for the sort of tyrannical exploitation that provokes popular resistance.  For example, the evidence from those first monarchic states in ancient Mesopotamia shows an odd contradiction between their claims of absolute sovereignty and the reality of their severely limited powers.  For example, in their written legal codes, one can see what Seth Richardson has identified as "the curious absence of the state in the text." In the prologue and epilogue to Hammurabi's Code, Hammurabi claims absolute divinely granted authority over Babylonia.  But in the hundreds of laws in his code, there is almost no reference to himself or to the central state as providing judgment or enforcement of the law.  Most of the laws seem to assume private enforcement: when something goes wrong, the wronged party must act on his own with the help of local people to investigate, try, convict, and punish the guilty parties. 

What we see here is what Richardson has called the "presumptive state": the early states in Mesopotamia were presumptive in claiming a sovereignty that they did not in fact possess. Their rhetorical claims for absolute sovereignty have been mistakenly interpreted as evidence for the reality of Oriental Despotism.

Over the past 5,000 years, some states have expanded their power to rule through autocratic bureaucracies--for instance, China under the Song dynasty (960-1279).  But even the most powerful states have had to rely to some degree on law enforcement by private individuals acting through customary laws of vengeance and compensation.

Beginning in the nineteenth century, some states began to extend their law enforcement power by inventing modern professional policing.  Previously, people had policed themselves.  Robert Peel founded the London police in 1829.  The English Reform Act of 1835 extended this system of policing to all municipal boroughs.  Boston established the first American police force in 1838.

As long as monarchic states could not fully enforce their laws directly on their people, and their people were free to police themselves, those monarchic states had little power to tyrannically exploit their people.

The second answer to why monarchic states predominated for thousands of years is that in large societies where people are disconnected, the king provides a readily available focal point for legitimating government.  As I have indicated in a previous post, John Gerring and his colleagues have argued that from the appearance of the first states in the ancient world to the beginning of the modern era about 250 years ago, monarchy was the most common political regime because it was the most efficient solution to the problem of selecting leaders to coordinate social order in large societies where people are isolated from one another.  In the modern era, however, improvements in the technology of communication--for example, the printing press, newspapers, national postal systems, the telegraph, radio, television, and the internet--made it easier for people in large societies to communicate with one another and thus to mobilize a mass public for social coordination, which allowed elites to develop new systems of rule that did not need a central locus of sovereignty in a monarch (Gerring et al. 2021).

But doesn't this beg an obvious question--Why can't kings use modern mass communication to glorify their monarchic rule over their people?

We can answer that question by considering again the causes of the English Civil War, which led to the first trial and execution of a king.  Thomas Hobbes (in Behemoth) indicated that disputes over the interpretation of the Bible were a primary cause of the English Civil War.  The translation of the Bible into English in the sixteenth century and the invention of the printing press made the Bible widely available to common people, who could then interpret the Bible for themselves rather than being dependent on the authority of their priests.  The printing press also facilitated the production of thousands of books and pamphlets debating theological and political questions.  This contributed to the Protestant Reformation in breaking from the authority of the Catholic Church.  As a consequence, all the parties in the English political controversies of the time found their ideas in the Bible (Hill 1993).  People like John Cooke could publish books arguing that the Bible did not support absolute monarchy.  And when the Stuart monarchy was restored in 1660, Charles II had to order the burning of such books as the greatest threat to the monarchy.

The success of modern mass communication in popularizing ideas of religious and political liberty has made it ever harder to defend absolute monarchy with the coercive enforcement of one national church.  This was dramatically manifested in the coronation of King Charles III on May 6, 2023, which was broadcast around the globe.  In the Coronation Liturgy--as designed by Charles himself--we saw a subtle interweaving of Old Testament and New Testament traditions that reconciled the conflicts between them by favoring the liberal interpretation of the New Testament advanced by Roger Williams and John Locke.

Since Henry VIII, the English King has been "Defender of the Faith"--first the Catholic Church and then the Anglican Church, which meant that the King would enforce a theocracy.  But King Charles III has identified himself as the "Defender of Faith"--that is, all religious faiths.  And indeed the coronation procession into Westminster Abbey included "faith leaders" from a dozen or more religious traditions.  Moreover, the Coronation Oath included a pledge "to foster an environment in which people of all faiths and beliefs may live freely."  Notice that "beliefs"--as distinguished from "faiths"--suggest that even atheists "may live freely" under the rule of Charles III.

The coronation of Charles indicated how his kingship will follow the model of Christ's persuasive kingship rather than the theocratic kingship of ancient Israel.  At the beginning of the coronation, Charles was greeted by a Chapel Royal chorister: "Your Majesty, as children of the Kingdom of God, we welcome you in the name of the King of Kings."  Charles responded: "In his name, and after his example, I come not to be served but to serve."

Here Charles echoed the words of Jesus when he warned his followers not to strive for authoritative rule over others:  "You know that the rulers of the Gentiles lord it over them, and their high officials exercise authority over them.  Not so with you.  Instead, whoever wants to become great among you must be your servant, and whoever wants to be first must be your slave--just as the Son of Man did not come to be served, but to serve, and to give his life as a ransom for many" (Matt. 20:25-28).

Charles thus intimated here that he is a king who has no coercive authority over his people, particularly in matters of religious belief.  At most, he can only exercise the sort of persuasive authority that comes through Christian preaching.

Unlike the Stuart dynasty, the King of the House of Windsor rules over Great Britain as a purely ceremonial head of state that exercises no sovereign power in what is really a liberal Parliamentary democracy where Law is King.

REFERENCES

Boehm, Christopher.  2017.  "Prehistoric Capital Punishment and Parallel Evolutionary Effects."  Center for Humans and Nature, June 12.

Cooke, John.  1649.  King Charles, His Case, or An Appeal to All Rational Men Concerning His Trial at the High Court of Justice.  London: Peter Cole.

DeScioli, Peter.  2023.  "On the Origin of Laws by Natural Selection."  Evolution and Human Behavior 44: 195-209.

Eisner,  Manuel. 2003.  "Long-Term Historical Trends in Violent Crime."  Crime and Justice 30: 83-142.

Eisner,  Manuel.  2011.  "Killing Kings: Patterns of Regicide in Europe, AD 600-1800."  British Journal of Criminology 51: 556-577.

Filmer, Robert.  1991.  Patriarcha and Other Writings.  Ed. Johann P. Sommerville.  Cambridge: Cambridge University Press.

Flannery, Kent and Joyce Marcus.  2014.  The Creation of Inequality: How Our Prehistoric Ancestors Set the Stage for Monarchy, Slavery, and Empire.  Cambridge: Harvard University Press.   

Gardiner, Samuel Rawson.  1906.  The Constitutional Documents of the Puritan Revolution, 1625-1660. Oxford: Clarendon Press.

Gerring, John, et al.  2021.  "Why Monarchy? The Rise and Demise of a Regime Type." Comparative Political Studies 54: 585-622.

Hill, Christopher.  1993.  The English Bible and the Seventeenth-Century Revolution. London: Penguin Books.

Howe, Timothy, and Lee Brice, eds.  2016.  Brill's Companion to Insurgency and Terrorism in the Ancient Mediterranean.  Leiden, Netherlands: Brill.

Kaburu, Stefano S. K., Sana Inoue, and Nicholas E. Newton-Fisher. 2013. "Death of the Alpha: Within-Community Lethal Violence Among Chimpanzees of the Mahale Mountains National Park." American Journal of Primatology 75:789-797.

Locke, John.  1988.  Two Treatises of Government.  Ed. Peter Laslett.  Cambridge: Cambridge University Press.

Newton-Fisher, Nicholas E. and Melissa Emery Thompson. 2012. "Comparative Evolutionary Perspectives on Violence." In The Oxford Handbook of Evolutionary Perspectives on Violence, Homicide, and War, 41-60. Eds.Todd K. Shackelford and Viviana A. Weekes-Shackelford. Oxford: Oxford University Press.

Pinker, Steven. 2011.  The Better Angels of Our Nature: Why Violence Has Declined.  New York: Viking.

Richardson, Seth.  2010.  "Writing Rebellion Back Into the Record: A Methodologies Toolkit."  In Seth Richardson, ed., Rebellions and Peripheries in the Cuneiform World, 1-27.  New Haven, CN: American Oriental Society.

Richardson, Seth.  2016.  "Insurgency and Terror in Mesopotamia."  In Howe and Brice 2016, 31-61.

Robertson, Geoffrey.  2005.  The Tyrannicide Brief: The Story of the Man Who Sent Charles I to the Scaffold.  New York: Pantheon Books.

de Waal, Frans. 1998. Chimpanzee Politics. Revised edition. Baltimore: Johns Hopkins University Press.

The Natural Desire for In-Group Loyalty Denies Animal Rights: Frans de Waal on the Biological Ethics of Animal Emotions

I have defended an evolutionary theory of morality as rooted in the moral emotions of evolved human nature.  In stressing the importance of the moral sentiments for moral psychology, this evolutionary theory belongs to the philosophic tradition of sentimentalist ethics that includes David Hume, Adam Smith, Edward Westermarck, Edward Wilson, and Frans de Waal--a tradition that is set against the Platonic and Kantian tradition of rationalist ethics.

I have written previously about how de Waal's version of this evolutionary theory recognizes both the continuity and discontinuity in the moral psychology of animals (de Waal 2006).  According to de Waal, the moral sentiments constitute the first level of morality--the emotional building blocks of morality that include empathy, reciprocity, retribution, a sense of fairness, and reconciliation to resolve conflicts and restore harmonious relationships.  These moral sentiments can be seen in some form in many species of nonhuman animals.

De Waal identifies social pressure as the second level of morality.  Through social praise and blame, individuals are habituated to conform to the social rules of their group that maintain the good order of the community.  These rules are enforced through reward, punishment, and reputation.  In these ways, morality serves as a social contract for a cooperative society.  Some of this can be seen in some nonhuman animals.  For example, high-ranking males in chimpanzee groups engage in "policing behavior"--these males break up fights among others, and their intervention seems to be remarkably evenhanded.  Nevertheless, the human morality of social pressure goes beyond the morality of other animals in that human beings can formulate social rules that are more abstract and systematic than is the case for other animals.  Much of this abstract rulemaking depends on the human capacity for language.

Finally, judgment and reasoning constitute a third level of morality, and this is uniquely human.  De Waal observes: "I know of no parallels in animals for moral reasoning" (2006, 174). We are like other social animals in that we care about our reputations--how we appear in the eyes of others--so that we want to be praised and not blamed by others.  But we can also use our distinctly human capacity for abstraction and imagination to see ourselves mirrored in the eyes of an imagined "impartial spectator" (as Adam Smith called it), so that we want to do what is praiseworthy, regardless of whether we are actually praised by anyone.  We care not only about our real reputation but also about our imaginary reputation.  From this we develop an internal sense of self-esteem or conscience, so that even when other people do not punish us for our bad conduct, we punish ourselves by feeling guilt or shame.  Those few human beings who never feel guilt or shame are psychopaths who have no conscience because they do not feel the moral emotions.  (I have written about psychopaths as "moral strangers.")  There is no evidence for anything like conscience or the impartial spectator in nonhuman animals.  (I have written about Smith's concept of the "impartial spectator.")

And yet even if nonhuman animals do not show the full range of human morality, these animals do show some of the moral emotions; and therefore, de Waal argues, these nonhuman animals do deserve to be treated with some moral respect.  But then we might wonder whether these animals have equal rights.  Are we morally obligated to give equal consideration to the interests of all sentient beings, as Peter Singer has argued?  Must we see the immorality not only in racism and sexism but also speciesism?

Recently, de Waal and Kristin Andrews have surveyed the evidence from affective neuroscience suggesting that many animals, even invertebrates, experience emotions of pleasure and pain that should give them some moral standing (de Waal and Andrews 2022).  Through emotions and felt experience (sentience), organisms judge experiences as attractive or aversive, and these physical and mental states of attraction or aversion prepare the organism for adaptive action.

So, for example, since there is increasing evidence that lobsters are sentient and experience emotions of pleasure and pain, de Waal claims, it is wrong for human beings to kill them by boiling them.  Either we shouldn't kill them at all, or there should find some ethical way to kill them.

But then de Waal recognizes that Singer's argument for equal animal rights fails because it's morally impossible for human beings to give equal consideration to the interests of all sentient beings.  This is impossible because there is an evolved natural desire for in-group loyalty.  This belongs to my list of the twenty natural desires.  

There is an expanding circle of human moral concern that begins with each individual being concerned for himself and then extends first to the individual's family and friends and beyond that to the community, tribe, or nation, and beyond that to some humanitarian feeling for distant strangers who might be brought to one's attention, and then finally to all life forms.  But typically, the moral emotions of sympathy become weaker as they are extended farther out on the expanding circle (de Waal 2006, 163-66).

Loyalty is a moral duty in that we expect people to care more for those close to them than to distant strangers or to nonhuman animals.  Inevitably, there are conflicts of interest within and between species.  So that moral systems are inherently biased towards the in-group.  For that reason, the moral sentimentalists like Adam Smith, Edward Westermarck, and de Waal, who speak of the impartiality required for moral sentiments recognize that this cannot be an absolute impartiality but only an apparent impartiality.  After all, if human beings were absolutely impartial, they would not care for themselves, for other human beings, or for other animals, because nothing would really matter.

That we should feel some sympathy for other animals, particularly for those animals that are close to us or that elicit our parental care, is an expression of our morality.  We know that one sign that a child might grow up to be a psychopath is that he is unusually cruel in his treatment of animals.  And it is mostly a he, because most psychopaths are male.

But still most of us agree that it is right to kill animals for food and other products, and that it is right to use animals for painful medical experiments necessary for developing drugs and therapies for human beings and for the scientific understanding of mammalian physiology and neurology.  We should feel some concern for minimizing animal suffering.  But we feel much more concern for minimizing human suffering.

As Westermarck observed, "absolute impartiality . . . would concede to all sentient creatures equal rights," but "impartiality . . . is not absolute, only relative, that is, impartiality within certain limits" (1900, 185).  Our sympathy for nonhuman animals is limited by our partiality for human beings.  "Humanity to animals" does require "that we ought to pay some regard to their feelings," Westermarck suggested, but this does not mean "that they should be regarded equally with the feelings of men" (1932, 213).

Even our sympathy for other human beings is limited by our in-group loyalty.  In war, fighting for one's country against the enemy is a moral duty.  Betraying one's country is treason.  But still, it can be a moral duty to refuse to fight in an unjust war.

REFERENCES

de Waal, Frans. 2006. Primates and Philosophers: How Morality Evolved, edited by Stephen Macedo and Josiah Ober. Princeton, NJ: Princeton University Press.

de Waal, Frans, and Kristin Andrews. 2022. "The Question of Animal Emotions." Science 375: 1351-52.

Westermarck, Edward. 1900. "Remarks on the Predicates of Moral Judgment." Mind 9: 184-204.

Westermarck, Edward. 1932. Ethical Relativity. London: Kegan Paul, Trench, Trubner and Company.

Biopolitical Science in Darwin's DESCENT OF MAN: The Coevolutionary History of Nature, Culture, and Individuals

Charles Darwin's Descent of Man was published on February 24, 1871.  So this year is the 150th anniversary of its publication.  This has prompted some recent articles--including a particularly good one by Richerson, Gavrilets, and de Waal (2021) in Science--and a book edited by Jeremy DeSilva (2021) assessing Darwin's account of human evolution Descent in the light of modern evolutionary science.

On some points, we can see that Darwin was mistaken.  For example, he claimed that because of their distinct roles in the sexual division of labor, women were intellectually inferior but morally superior to men.  In 1875, only four years after the publication of Descent, Antoinette Brown Blackwell showed that Darwin's evidence did not support his conclusion about the intellectual inferiority of women, and that the correct inference from the biological facts was that the sexes are "true equivalents--equals but not identicals."  I have written about this in Darwinian Natural Right (123-160).

His most fundamental mistake was in trying to explain the inherited transmission of parental traits to their offspring through the "hypothesis of pangenesis"--the idea that every part of the body emits tiny particles ("gemmules") that migrate to the gonads and then are transmitted to offspring, so that the gemmules develop into their associated body parts as the offspring matures (Darwin 2004, 264-267).  Unfortunately, Darwin knew nothing about Gregor Mendel's experiments that provided the first evidence for genetic inheritance.  Mendel knew a lot about Darwin, however, and he agreed with Darwin's theory of evolution.  In his handwritten annotations in his copies of Darwin's books, Mendel endorsed most of Darwin's reasoning, while correcting what he said about pangenesis (Fairbanks 2020).  In his annotations of The Variation of Animals and Plants Under Domestication, Mendel highlighted those passages where Darwin admitted that pangenesis was "merely a provisional hypothesis or speculation," and that "the existence of free gemmules is a gratuitous assumption."  Mendel was an Augustinian friar, and he was condemned by those in the Catholic Church who regarded his support for evolution as a denial of the Catholic doctrine of Creation.

For me, rereading The Descent of Man today is instructive in two ways.  First, while some evolutionary biologists have criticized the "modern evolutionary synthesis" as being too "gene-centric" in not recognizing the importance of cultural evolution, most of what they have proposed as part of an "extended evolutionary synthesis" can be found in The Descent of Man.  In particular, Darwin stresses the importance of cultural evolution, including moral evolution, for explaining human biological nature.  This is what Richerson, Gavrilets, and de Waal mean in saying that Darwin's Descent "foreshadowed" modern theories of human gene-culture coevolution.  I have written about this in previous posts here and here.

Darwin's Descent is also instructive for me because it largely supports what I have called "biopolitical science," which requires a three-levelled analysis of political history as showing the unity of political universals, the diversity of political cultures, and the individuality of political judgments.  I have worked through these three levels of biopolitical history as they are generally manifested in human politics and as they were particularly illustrated in Abraham Lincoln's decision to issue the Emancipation Proclamation in 1863 (Arnhart 2012).  This idea of biopolitical science first came to me in 1986 when I read Jane Goodall's Chimpanzees of Gombe, and I saw that this was a political history of the chimps at Gombe showing the natural history of chimpanzee politics, the cultural history of this particular chimpanzee community, and the biographical history of the unique individuals in that community.  I have written some posts on this here, here, and here.

I have argued that a Darwinian social psychology needs to understand the interaction of genetic history (the evolutionary psychology of Tooby and Cosmides), cultural history (the cultural group selection of Richerson, Boyd, and Henrich), and biographical history (the evolved personality and life history of self-interested individuals who are agents of cultural change acting through coercion or persuasion, as presented by Singh, Wrangham, and Glowacki).

There is a complex coevolutionary interaction between these three levels of history.  Genetic history enables and constrains, but does not determine, cultural history.  Genetic history and cultural history jointly enable and constrain, but do not determine, biographical history.

The interaction also moves in the opposite direction: biographical history enables and constrains, but does not determine, cultural history; and biographical history and cultural history jointly enable and constrain, but do not determine, genetic history.

A famous illustration of how cultural history can shape genetic history is the evolution of adult lactose tolerance (Durham 1991; Gerbault et al. 2011).  Most human beings around the world today cannot easily digest milk, because after weaning from their mother's milk, they no longer produce lactase, an enzyme necessary for digesting the sugar lactose in milk.  This was probably true for most human beings throughout evolutionary history.  But then in pastoral societies with cultural traditions of dairying, milk was available as food for adults, which created a cultural environment in which genetic mutations for the production of lactase in adults would be favored by natural selection.  The people today who are lactose tolerant are descendants of those human beings who lived in dairying cultures.  Their genetic history was shaped by a cultural history favoring the evolution of lactase persistence as human niche construction.

THE NATURAL HISTORY OF HUMAN EVOLUTION

Despite Darwin's ignorance of genetics and the very skimpy fossil evidence of human evolution available to him, he was able to infer the general pattern of human evolution from primate ancestors.  He saw that of the living primate species, the gorilla and chimpanzee were most closely related to human beings; and since these apes lived in Africa, he speculated that the earliest human ancestors must have originally evolved in Africa, and then their ancestors migrated out of Africa to spread out over the Earth (Darwin 2004, 182).  As Richerson, Gavrilets, and de Waal (2021) have shown, the research since Darwin has filled in the details of this general pattern of phylogenetic descent of Homo sapiens from primate ancestors in Africa.

Moreover, they indicate that research in neurobiology, genetics, primatology, and behavioral biology has confirmed Darwin's insight that although there appear to be great gaps in the mental faculties of human beings and other animals, human cognitive capacities "do not differ in kind, although immensely in degree" from the cognitive capacities of other animals (Darwin 2004, 173).  They do not notice, however, that Darwin contradicts himself on this point when he says that humans really are different in kind in their unique capacities for language, morality, and symbolic abstraction.  As I have claimed in some previous posts, Darwin could have escaped this contradiction if he had seen the distinction between emergent differences in kind that can be explained by natural evolution and radical differences in kind that suggest some supernatural special creation.  Richerson, Gavrilets, and de Waal implicitly recognize the uniqueness of human language as an emergent difference in kind when they admit that communication among other animals does not manifest "the syntax, recursiveness, and rich meaning of our learned symbolic communication" (2).  Symbolic language is crucial for human cultural and moral evolution because it is the most effective means for formulating and transmitting social norms.

THE CULTURAL AND MORAL HISTORY OF HUMAN EVOLUTION

A crucial part of Darwin's theory of human evolution in The Descent of Man was his account of human cultural and moral evolution.  "Ultimately our moral sense or conscience becomes a highly complex sentiment--originating in the social instincts, largely guided by the approbation of our fellow-men, ruled by reason, self-interest, and in later times by deep religious feelings, and confirmed by instruction and habit" (2004, 157).  In developing this thought, he was influenced by the Scottish tradition of moral philosophy through his reading of David Hume, Adam Smith, and James Macintosh.  He thus rejected the Kantian tradition of moral philosophy in which culture and morality were seen as a uniquely human realm of activity that transcended human nature.

Remarkably, even some of Darwin's strongest supporters--including Alfred Russel Wallace and Thomas Huxley--rejected Darwin's naturalistic account of moral culture because they believed that one could never derive moral values from natural facts.  They assumed that human morality belonged to a transcendent realm of cultural artifice and free will that is beyond the natural realm of causal forces open to scientific study.

Until recently, even most of the  leading thinkers in evolutionary psychology--such as John Tooby, Leda Cosmides, and David Buss--rejected Darwin's evolutionary theory of morality.  Over the past 20 years, however, many of these people have moved towards thinking that Darwin was right about this.  Closely related to this is the growing recognition that culture is not uniquely human, because other animals have cultural traditions.  Richerson, Gavrilets, and de Waal rightly see these intellectual movements as confirming Darwin's original insight that explaining culture and morality belongs to the evolutionary science of biology.

Richerson, Gavrilets, and de Waal fail, however, to clearly indicate that human culture and morality really are humanly unique insofar as they depend on the human capacity for symbolic abstraction.  Although other animals have behavioral inheritance systems based on the transmission of information among animals through social learning, only human beings have symbolic inheritance systems in which they think about abstractions that have little to do with concrete, immediate experiences.  Symbolic systems allow human beings to construct a shared imagined reality.  Art, religion, science, philosophy, and morality are all manifestations of human symbolic evolution.  Richerson, Gavrilets, and de Waal suggest this when they refer to "the symbolized nature of human culture" (3).

A biopolitical science must explain this symbolic evolution as the realm for political rhetoric and political philosophy.  For example, we might explain Lockean liberalism as the symbolic niche construction of liberal institutions.  Similarly, we might describe this, as it is by Deirdre McCloskey, as a rhetorical transformation in ethical ideas, moving from an aristocratic ethics that scorned the pursuit of trade and economic gain to a bourgeois ethics in which life in a commercial society became virtuous.

THE INDIVIDUAL HISTORY OF HUMAN EVOLUTION

Animals are individuals with characteristic personalities that distinguish one individual from another, and this individuality influences their evolutionary history.  In The Descent of Man, Darwin suggested this when he observed that animals often display their "mental individuality" (106).  He saw evidence for the importance of human individuality in shaping human cultural evolution in Francis Galton's Hereditary Genius (first published in 1869).  Darwin and Galton recognized that the fertilization of an egg created an individual life with an innate predisposition for developing an individual personality (Galton 1972, 426-28).  Some individuals were endowed with the potential for genius, and in the right social circumstances they could invent new ideas and practices that would advance cultural progress.  Darwin observed: "Great lawgivers, the founders of beneficent religions, great philosophers and discoverers in science, aid the progress of mankind" (2004, 162).

Darwin indicated how this progress arises from the complex coevolutionary interaction of individual history, cultural history, and natural history:

"The more efficient causes of progress seem to consist of a good education during youth whilst the brain is impressible, and of a high standard of excellence, inculcated by the ablest and best men, embodied in the laws, customs, and traditions of the nation, and enforced by public opinion.  It should, however, be borne in mind, that the enforcement of public opinion depends on our appreciation of the approbation and disapprobation of others; and this appreciation is founded on our sympathy, which it can hardly be doubted was originally developed through natural selection as one of the most important elements of the social instincts" (2004, 169).

At the level of natural history, natural selection has shaped the innate social instincts of human beings, which make them sensitive to the approbation or disapprobation of people in their community.  At the level of cultural history,  this concern for social conformity motivates human beings to learn the social norms of their group.  At the level of individual history, those talented individuals with persuasive influence or authority over the group can select the social norms that will be enforced by public opinion.

After Darwin, for a long time, many biologists were not interested in studying the evolution of individual animal personalities, because they assumed that evolution would shape a species typical psychology shared by all individuals of the species with little heritable variation.  Evolutionary psychologists (like Leda Cosmides and John Tooby) have concentrated on human universals as evolutionary adaptations shared by all human individuals.

But  in recent decades, the biological study of animal personalities has become one of the hottest topics in biology.  One of the most extensively studied models of human personality among psychologists is the Five Factor Model that describes human personality differences across five domains--Openness to Experience, Conscientiousness, Extraversion, Agreeableness, and Neuroticism (OCEAN).  Each domain corresponds to an axis running from high to low.  So, for example, those individuals high in Agreeableness tend to be helpful, trusting, and cooperative with everyone.  Individuals lower in Agreeableness tend to be less helpful, more suspicious of others, and more competitive than cooperative.

This same Five Factor Model can be applied to the study of nonhuman animal personalities, using the same methods as are used in studying human beings.  Four of the factors appear in many animal species.  But Conscientiousness seems to appear only among chimpanzees and human beings.  One possible explanation for this is that Conscientiousness requires a high cognitive ability for making plans and controlling impulses in executing those plans, which requires the large frontal lobes found only in chimps and humans.

The five factors of personality have been found to be highly heritable and thus genetically influenced.  But these factors also vary according to environmental experience, particularly the environment of early experience, which influences personality throughout life. So personality seems to arise from genetic predisposition, from environmental learning, and from the interaction of genes and environment (including the cultural environment).  Through experimentation with animals in the wild and in laboratories, scientists can make testable predictions about the genetic and environmental causes of personality. 

It is possible that the cultural evolution of the bourgeois virtues in modern liberal societies depended on an evolutionary history favoring personality traits like high Agreeableness and high Conscientiousness.  The evidence from cross-cultural economic game experiments that show that being integrated into market exchange is correlated with a greater sense of fairness might support this conclusion.

Just as we have bred domesticated animals to favor those personality traits that we find desirable, we might understand human culture as self-domestication that selects for those personality traits that are adapted to the culture.  The "human self-domestication hypothesis" has been defended by Hare and Woods (2020) and Wrangham (2019).  We might be like those silver foxes who were bred by Dmitri Belyaev for docility, which I wrote about in a previous post.

REFERENCES

Arnhart, Larry. 2012. "Biopolitical Science."  In James E. Fleming and Sanford Levinson, eds., Evolution and Morality, 221-265. New York: New York University Press.

Darwin, Charles. 2004 [1879].  The Descent of Man, and Selection in Relation to Sex. 2nd edition. 

New York: Penguin Books.

DeSilva, Jeremy, ed. 2021.  A Most Interesting Problem: What Darwin's "Descent of Man" Got Right and Wrong About Human Evolution.  Princeton, NJ: Princeton University Press.

Durham, William H. 1991. Coevolution: Genes, Culture, and Human Diversity. Stanford, CA: Stanford University Press.

Fairbanks, Daniel J. 2020. "Mendel and Darwin: Untangling a Persistent Enigma." Heredity 124: 263-273.

Galton, Francis. 1972 [1892].  Hereditary Genius: An Inquiry into Its Laws and Consequences. 2nd edition. Gloucester, MA: Peter Smith.

Gerbault, Pascale, et al. 2011. "Evolution of Lactase Persistence: An Example of Human Niche Construction." Philosophical Transactions of the Royal Society B 366: 863-877.

Hare, Brian, and Vanessa Woods. 2020. Survival of the Friendliest: Understanding Our Common Humanity. New York: Random House.

Richerson, Peter J., Sergey Gavrilets, and Frans B. M. de Waal. 2021. "Modern Theories of Human Evolution Foreshadowed by Darwin's Descent of Man." Science 372: eaba3776.

Singh, Manvir, Richard Wrangham, and Luke Glowacki. 2017. "Self-Interest and the Design of Rules." Human Nature 28: 457-480.

Wrangham, Richard. 2019. The Goodness Paradox: The Strange Relationship Between Virtue and Violence in Human Evolution. New York: Pantheon Books.

The Darwinian Emergence of Aristotle's Political Animals and de Waal's Moral Animals: A Reply to Cheryl Abbate

In various publications (Arnhart 1990, 1994, 1998, 2009), and in some blog posts, I have argued that a Darwinian science of animal behavior can support Aristotle's biological science of political animals.  Aristotle's statement that "man is by nature a political animal" is famous.  But it is often falsely assumed to mean that human beings are by nature the only political animals.  As Aristotle explains in his biological writings, the political animals include ants, bees, wasps, and cranes.  But even if humans are not the only political animals, Aristotle indicates, they are distinctive in that they are more political than the other political animals, because humans have a biological capacity for logos, which allows them to organize their political communities through shared symbolic conceptions of justice.

In his biological works, Aristotle sees that some animals are solitary and others gregarious.  Of the gregarious animals, some are political.  Some of the political animals have leaders, but others do not.  The distinguishing characteristic of the political animals is that they cooperate for some common work or function.  Humans, bees, ants, wasps, and cranes are all political animals in this sense.

The uniquely human capacity for speech or rhetorical persuasion makes humans more political than the other political animals, because while other animals can share their perceptions of pleasure and pain, humans can use speech to share their conceptions of the advantageous, the just, and the good.  Through speech, humans cooperate for common ends in ways that are more complex, more flexible, and more extensive than is possible for other animals.  Through speech, humans can deliberate about the common interest as the standard of justice.  A just political community can be judged to be one that serves the common interest of all or most of its members, as contrasted with an unjust political community that serves only the private interest of its ruling group.

I have argued that Charles Darwin's evolutionary theory of morality and animal social life supports Aristotle's biopolitical science.  I have also argued that the biological study of animal behavior over the past 60 years (beginning with Jane Goodall's arrival at the Gombe Stream Preserve in 1960) has largely confirmed this Aristotelian science of animal politics.

Recently, I noticed that Cheryl Abbate (2016) has disagreed with my reasoning in what is essentially a critique of my 1990 article in Social Science Information.  I also noticed that Edward Jacobs (2018) has written a response to Abbate's article, and Abbate (2018) has replied to him.

Abbate's critique consists of two arguments.  First, she claims that my defense of Aristotle's teaching contradicts the Darwinian principle of the psychic continuity between humans and animals--the idea that humans differ from other animals only in degree and not in kind.  Second, she claims that recent studies of animal behavior show that some highly social nonhuman animals have a sense of justice, and so Aristotle is wrong in thinking that this is unique to human beings.

As you might expect, I believe she's mistaken on both points.

DARWIN ON EMERGENT DIFFERENCES IN KIND

Abbate correctly quotes from the crucial passage in Aristotle's Politics (1253a) where Aristotle declares that a human is much more a political animal than other political animals, because "man alone among the animals has speech [logos]," and through speech, "he alone has a perception of good and bad and just and unjust," which is the uniquely human basis of human politics (Abbate 2016, 57).

She then claims that this contradicts the Darwinian principle of "evolutionary continuity"--that all differences between species are only differences in degree and not in kind (Abbate 2018, 160).  She correctly quotes from Darwin's apparent endorsement of this idea in The Descent of Man:

"Nevertheless, the difference in mind between man and the higher animals, great as it is, certainly is one of degree and not of kind.  We have seen the senses and intuitions, the various emotions and faculties, such as love, memory, attention, curiosity, imitation, reason, etc., of which man boasts, may be found in an incipient, or even sometimes in a well-developed condition, in the lower animals" (2004, 151).

Abbate is silent, however, about the fact that despite Darwin's explicit statement that humans differ only in degree, not in kind, from other animals, he implicitly recognized human differences in kind.  That is to say, Darwin saw that human beings have some moral and mental traits that other animals do not have at all.

In The Descent of Man, Darwin noted that self-consciousness is uniquely human: "It may be freely admitted that no animal is self-conscious, if by this term it is implied, that he reflects on such points, as whence he comes or whither he will go, or what is life and death, and so forth" (105).  Morality is also uniquely human: "A moral being is one who is capable of comparing his past and future actions or motives, and of approving or disapproving of them.  We have no reason to suppose that any of the lower animals have this capacity. . . . man . . . alone can with certainty be ranked as a moral being" (135).  And language is uniquely human: "The habitual use of articulate language is . . . peculiar to man" (107).

Darwin was thrown into self-contradiction--both affirming and denying that humans are different in kind from other animals--because he failed to see how he could affirm emergent differences in kind without affirming any radical differences in kind.  Emergent differences in kind can be explained by evolutionary science as differences in kind that naturally evolve from differences in degree that pass over a critical threshold of complexity.  So, for example, we can see the uniquely human capacities for self-consciousness, morality, and language as emerging from the evolutionary development of the primate brain, so that at some critical point in the evolution of our hominid ancestors, the size and complexity of the brain (perhaps particularly in the frontal cortex) reached a point where distinctively human cognitive capacities emerged at higher levels of brain evolution that are not found in other primates.  With such emergent differences in kind, there is an underlying unbroken continuity between human beings and their primate ancestors, so there is no need to posit some supernatural intervention in nature--the divine creation of the human soul--that would create a radical difference in kind in which there is a gap with no underlying continuity of natural causes.

Edward Jacobs points to this when he describes the evolution of the human mind.  "The moment a certain threshold of mental development was reached (and logos is as good a placeholder name for this threshold as any), we became able to make and grasp persuasive accounts," which made humans more political than the other political animals (155).

Simona Ginsburg and Eva Jablonka (2019) have shown how an evolutionary neuroscience could explain this emergence of the human mind as passing through the three levels of mind identified by Aristotle in De Anima (On the Soul). The basic nutritive and reproductive soul belongs to all living things--plants and animals.  The second level--the sensitive soul--belongs to all animals.  The third level--the rational or symbolizing soul--is specific to humans.  The crucial evolutionary transition marker of the rational soul is language.  The rational soul gives humans the capacity for grasping and sharing the abstract symbolic values of the good and the just that make human politics unique.  Ginsburg and Jablonka suggest that all three levels can be explained by evolutionary biology.

I have written some previous posts on emergent evolution (here and here).;

BEKOFF AND DE WAAL ON THE MORAL LIVES OF ANIMALS

Abbate relies heavily on two cognitive ethologists--Marc Bekoff and Frans de Waal--for providing the evidence that some nonhuman animals have a sense of justice, and therefore Aristotle is wrong in saying that humans alone have a moral sense, which makes them more political than the other political animals.  For Abbate, this proves that humans differ only in degree, not in kind, from other animals.

Bekoff is best known for his studies of canid social carnivores--wolves, dogs, and coyotes--and his argument that their social play shows that they have "codes of conduct" that indicate a moral life of "wild justice" (Bekoff 1995; Bekoff and Pierce 2009; Pierce and Bekoff 2012).

De Waal is best known for his Chimpanzee Politics and other studies of primate colonies in captivity.  He has endorsed what he calls my "Darwistotelian" view of human politics and morality as showing an evolved political nature shared with chimps and other primates. A sample of my many posts on de Waal can be found here, here, here, here, and here.

She does not notice, however, that Bekoff and de Waal show the same self-contradiction that one can see in Darwin.  On the one hand, Bekoff says that "animal morality is different in degree but not in kind from human morality."  On the other hand, he says there are "bona fide differences in kind" (Bekoff and Pierce 2009, 139-40).  He admits that "human morality is unique," because humans are unique in their capacities of language and judgment (Bekoff and Pierce 2009, 132, 139-42).  Similarly, de Waal sometimes seems to say that morality is not unique to human beings, but then he concedes that morality at the level of judgment and reasoning is uniquely human (de Waal 2006, 20, 173-75).

Abbate might say, however, that this is not necessarily contradictory.  If de Waal is right about there being three levels of human morality, and if nonhuman animals show some elements of the lower levels but not of the higher levels, then the fullest expression of human morality is uniquely human, although some animals show some features of the moral life.  Thus, there is both continuity and discontinuity in the moral psychology of animals.  At some levels of morality, there is only a difference in degree.  At other levels, there is a difference in kind.  This is exactly what one would expect from the emergent evolution of animal morality.  And, I suggest, this is Aristotle's position, even though his biology did not have a fully developed evolutionary theory.

According to de Waal, the moral sentiments constitute the first level of morality--the emotional building blocks of morality that include empathy, reciprocity, retribution, a sense of fairness, and reconciliation to resolve conflicts and restore harmonious relationships (de Waal 2006, 166-75).  All of this can be seen in some form in other animals

In stressing the importance of the moral sentiments for moral psychology, de Waal belongs to the philosophic tradition of sentimentalist ethics that includes David Hume, Adam Smith, Darwin, and Edward Westermarck--a tradition that is set against the Kantian tradition of rationalist ethics.  I have written many posts on this, including here, here, here., and here.

De Waal identifies social pressure as the second level of morality.  Through social pressure, individuals are habituated to conform to the social rules of their group that maintain the good order of the community.  These rules are enforced through reward, punishment, and reputation.  In these ways, morality serves as a social contract for a cooperative society. Some of this can be seen in some nonhuman animals.  For example, high-ranking males in chimpanzee groups show "policing behavior"--males break up fights among others, and their intervention seems to be remarkably evenhanded.  Nevertheless, the human morality of social pressure goes beyond animal morality by formulating social rules that are more abstract and systematic than is the case for other animals.

Finally, judgment and reasoning constitute a third level of morality, and this is uniquely human.  So, for example, we are like other social animals in that we care about our reputations--how we appear in the eyes of others--so that we want to be praised and not blamed by others; but we can also use our distinctively human capacity for abstraction and imagination to see ourselves mirrored in the eyes of an "impartial spectator" (as Adam Smith said), so that we can want to do what is praiseworthy, regardless of whether we are actually praised by anyone. We care not only about our real reputation but also about our imaginary reputation.  From this we develop an internal sense of self-esteem or conscience.  There is no evidence for anything like this in nonhuman animals.  (I have written about Smith's concept of the "impartial spectator" here.)

Like de Waal, Aristotle saw both continuity and discontinuity between human beings and other animals in their moral psychology.  In his History of Animals (588a15), he wrote:

"In most of the other animals, there are traces of the qualities of soul that are more evidently differentiated in human beings.  For there are both gentleness and savagery, mildness and harshness, courage and timidity, fear and confidence, spiritedness and trickery, and, with respect to intelligence [dianoia], something like judgment [sunesis], similar in many ways. . . . For some of these qualities differ only more or less with reference to human beings. . . . For nature passes little by little from the inanimate to animals, so that this continuity prevents one from seeing a border or perceiving on which side an intermediate form lies."

Aristotle argues that the moral psychology of wild animals is like that of children: they can have natural virtue and habitual virtue, but they cannot have the deliberative virtue that requires fully developed logos (Politics, 1332b1; Nicomachean Ethics, 1144b1-1145a5).  They can have the natural virtue that comes from being born with a good natural temperament that inclines them to do the right actions.  And they can have the habitual virtue that comes from obeying social rules so that they habitually do the right actions.

Only human adults are capable of deliberative virtue, which requires logos. And logos is the capacity for grasping explanatory accounts--for understanding both theoretical and practical syllogisms (Moss 2014).  In ethics and politics, explanatory accounts do not just prescribe right actions, they also explain why these are right.  Children and animals can be trained to know what they ought to do but without understanding why they ought to do it.  Virtue in the strict sense requires deliberate choice and prudential judgment with full knowledge of both what should be done and why it should be done.  This deliberative virtue with prudence corresponds to what de Waal identifies as the third level of morality--reasoning and judgment.

Because of their unique capacity for logos, human beings are more political than the other political animals--and more moral than the other moral animals--because this capacity for grasping explanatory accounts means that rather than just habitually obeying social rules of justice in their group, human beings will want to know why these are the rules, and they will argue over whether there might be better rules.  For that reason, human politics is always a rhetorical activity in which people have to persuade one another that what their community is doing is just, right, or noble.  That's why Aristotle's Rhetoric is a crucial text for his moral and political philosophy.

The importance of rhetorical speech for human politics and human morality explains why language is the critical marker in the evolutionary transition to uniquely human symbolism and rationality, as Ginsburg and Jablonka have indicated.

ADDENDUM--SEPTEMBER 3, 2025

Abbate's article has been recently reprinted in a book edited by Andrew Linzey and Clair Linzey--Animal History: History as If Animals Mattered (Eugene, Oregon: Resource Publications, 2025).  In this new version of her paper, she makes no attempt to answer my objections.  Is that because my objections are irrefutable?

REFERENCES

Abatte, Cheryl E. 2016. "'Higher' and 'Lower' Political Animals: A Critical Analysis of Aristotle's Account of the Political Animal." Journal of Animal Ethics 6:54-66.

Abatte, Cheryl E. 2018. "Redefending Nonhuman Justice in Complex Animal Communities: A Response to Jacobs."  Journal of Animal Ethics 8:159-165.

Arnhart, Larry. 1990. "Aristotle, Chimpanzees, and Other Political Animals." Social Science Information 29:479-559.

Arnhart, Larry. 1994. "The Darwinian Biology of Aristotle's Political Animals."  American Journal of Political Science 38:464-485.

Arnhart, Larry. 1998. Darwinian Natural Right: The Biological Ethics of Human Nature. Albany, NY: State University of New York Press.

Arnhart, Larry. 2009. Darwinian Conservatism: A Disputed Question.  Ed. Kenneth Blanchard. Exeter, UK: Imprint Academic Press.

Bekoff, Marc. 1995. "Play Signals as Punctuation: The Structure of Social Play in Canids." Behaviour 132:419-429.

Bekoff, Marc, and Jessica Pierce. 2009. Wild Justice: The Moral Lives of Animals. Chicago: University of Chicago Press.

Darwin, Charles. 2004. The Descent of Man.  Second edition. Ed. James Moore and Adrian Desmond. London: Penguin Classics.

de Waal, Frans. 2006. Primates and Philosophers: How Morality Evolved. Princeton, NJ: Princeton University Press

Ginsburg, Simona, and Eva Jablonka. 2019. The Evolution of the Sensitive Soul: Learning and the Origins of Consciousness.  Cambridge, MA: MIT Press.

Jacobs, Edward. 2018. "Aristotle and the Zoon Politikon: A Response to Abbate." Journal of Animal Ethics 8:150-158.

Moss, Jessica. 2014. "Right Reason in Plato and Aristotle: On the Meaning of Logos." Phronesis 59:181-230.

Pierce, Jessica, and Marc Bekoff. 2012. "Wild Justice Redux: What We Know About Social Justice in Animals and Why It Matters." Social Justice Research 25:122-139.