Law as Language: From Scandinavian Realism to Evolutionary Jurisprudence

This paper argues that legal concepts are linguistic phenomena and that legal systems exhibit evolutionary dynamics. Legal rules function as cultural replicators subject to variation, inheritance, and selection through judicial interpretation, legislative modification, and administrative implementation. This framework explains both the persistence of dysfunctional institutions and the capacity of legal systems to adapt to changing environmental pressures. The paper synthesizes Scandinavian legal realism with analytical philosophy of law and proposes evolutionary jurisprudence as a research program integrating these traditions.