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Should Law Keep Pace with Society? Relative Update Rates Determine the Co-Evolution of Institutional Punishment and Citizen Contributions to Public Goods

Author

Listed:
  • Daria Roithmayr

    (Gould School of Law, University of Southern California, 699 Exposition Boulevard, Los Angeles, CA 90089, USA
    Joint First Authors.)

  • Alexander Isakov

    (Department of Physics, Harvard University, 17 Oxford Street, Cambridge, MA 02138, USA
    Joint First Authors.)

  • David Rand

    (Department of Psychology, Department of Economics, School of Management, Yale University, 1 Prospect Street, New Haven, CT 06511, USA)

Abstract

Until recently, theorists considering the evolution of human cooperation have paid little attention to institutional punishment, a defining feature of large-scale human societies. Compared to individually-administered punishment, institutional punishment offers a unique potential advantage: the ability to control how quickly legal rules of punishment evolve relative to social behavior that legal punishment regulates. However, at what rate should legal rules evolve relative to society to maximize compliance? We investigate this question by modeling the co-evolution of law and cooperation in a public goods game with centralized punishment. We vary the rate at which States update their legal punishment strategy relative to Citizens’ updating of their contribution strategy and observe the effect on Citizen cooperation. We find that when States have unlimited resources, slower State updating lead to more Citizen cooperation: by updating more slowly, States force Citizens to adapt to the legal punishment rules. When States depend on Citizens to finance their punishment activities, however, we find evidence of a ‘Goldilocks’ effect: optimal compliance is achieved when legal rules evolve at a critical evolutionary rate that is slow enough to force citizens to adapt, but fast enough to enable states to quickly respond to outbreaks of citizen lawlessness.

Suggested Citation

  • Daria Roithmayr & Alexander Isakov & David Rand, 2015. "Should Law Keep Pace with Society? Relative Update Rates Determine the Co-Evolution of Institutional Punishment and Citizen Contributions to Public Goods," Games, MDPI, vol. 6(2), pages 1-26, June.
    • Handle: RePEc:gam:jgames:v:6:y:2015:i:2:p:124-149:d:50655
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    References listed on IDEAS

    as
    1. Alexander Isakov & David Rand, 2012. "The Evolution of Coercive Institutional Punishment," Dynamic Games and Applications, Springer, vol. 2(1), pages 97-109, March.
    2. repec:cup:apsrev:v:67:y:1973:i:04:p:1174-1185_14 is not listed on IDEAS
    3. Goderis, Benedikt & Versteeg, Mila, 2014. "The diffusion of constitutional rights," International Review of Law and Economics, Elsevier, vol. 39(C), pages 1-19.
    4. repec:cup:apsrev:v:63:y:1969:i:03:p:880-899_00 is not listed on IDEAS
    5. Roberta Romano, 2005. "The States as a Laboratory: Legal Innovation and State Competition for Corporate Charters," Yale School of Management Working Papers amz2625, Yale School of Management, revised 01 Jul 2006.
    6. repec:cup:apsrev:v:63:y:1969:i:03:p:880-899_25 is not listed on IDEAS
    7. Karl Sigmund & Hannelore De Silva & Arne Traulsen & Christoph Hauert, 2010. "Social learning promotes institutions for governing the commons," Nature, Nature, vol. 466(7308), pages 861-863, August.
    8. David G. Rand & Martin A. Nowak, 2011. "The evolution of antisocial punishment in optional public goods games," Nature Communications, Nature, vol. 2(1), pages 1-7, September.
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    Cited by:

    1. Perry, Logan & Gavrilets, Sergey, 2019. "Foresight in a Game of Leadership," SocArXiv 84yxz, Center for Open Science.

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