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The chapter investigates the evolutionary origins of human moral cognition. It discusses the relation of moral and legal theory and evolutionary theory. It reconstructs different perspectives on the evolutionary process. Influential current approaches are evolutionary psychology, theories of ontogenetic development on the basis of joint intentions and what one may call "evolutionary pluralism." The latter approach underlines the importance of many factors beyond natural selection that determine the genesis of a certain species and the stochastic nature of evolution. The methodological and theoretical foundations of these competing approaches are discussed. The problem of finding evidence for the properties of early humans is investigated. That state of research in paleoanthropology is recapitulated and discussed in terms of what it teaches us (and leaves undecided) about the genesis of human cognition, in particular moral condition. Taking into account the evidence and the most plausible evolutionary theory, it is argued that there is no compelling reason to assume that the moral principles underlying human rights are irreconcilable with human psychology.
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