Telling Stories that Change Lives:
The evolutionary power of legal advocacy
Counterpoint Volume 9; Issue 1 - Article 2 (April 2025)
An article in the upcoming Mastery Skills II Course
Patrick. T. Barone, Esq.
Barone Defense Firm
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Article information:Article - 2400 words (approximately 12 - 15 minutes)
Video - To be released with the Mastery Skills Course |
Why we tell stories?
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As trial attorneys, we engage in storytelling nearly every day, whether in court, during plea negotiations, or at sentencing. The narratives we craft deeply influence the decisions of judges, juries, and prosecutors, often shaping outcomes that impact on our clients for the rest of their lives. Too often, trial attorneys fail to tell their clients' stories effectively thereby allowing the prosecutor’s version to dominate, a narrative that is often incomplete, may lack truthfulness, and is always designed to support a presumption of guilt. Storytelling, when done effectively, is not about fabricating a narrative. It’s about uncovering the deeper truth, and then revealing it to the decision maker in the most compelling and effective way possible.
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Storytelling serves a far deeper function than most lawyers realize. When we tell stories, we aren’t just transmitting information about our cases to the judge, jury, prosecutors, or probation officers. Storytelling helps all the stakeholders in the judicial system solve problems. Through stories, humans have evolved the capacity to abstract and share lessons from experience, ensuring survival by encoding effective problem-solving strategies into culture.
But what makes storytelling particularly powerful is its role in shaping not only what happens in the courtroom, but more broadly, culture and even deeper than that - biology. Ideas shared through stories can influence behavior, propagate across generations, and, as scientists like Richard Dawkins, James Baldwin and Jordan Peterson suggest, become part of the biological and cultural fabric of humanity.
This article explores how Dawkins' meme theory, the Baldwin Effect, and Peterson's hypothesis on storytelling and archetypes illuminate the evolutionary and cultural power of storytelling. Understanding these concepts not only enriches our perspective as lawyers but also informs our ability to advocate effectively for our clients.
Dawkins’ Memes: Cultural DNA in Action
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Humans have evolved not just to survive but to innovate, creating tools, technologies, and strategies that ensure our continued success. And while genes have long been recognized as the primary units of biological evolution, Richard Dawkins introduced the revolutionary concept of memes in his seminal work, The Selfish Gene.[i] Memes are units of cultural information, ideas, behaviors, or practices, that replicate and evolve through imitation and communication, paralleling the way genes replicate biologically.
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As Dawkins explained, “Just as genes propagate themselves in the gene pool by leaping from body to body via sperms or eggs, memes propagate themselves in the meme pool by leaping from brain to brain via a process which, in the broad sense, can be called imitation.”[ii] However, unlike genes, memes do not rely on DNA for transmission; they spread through minds and societies, shaping human culture by preserving and passing down the values, solutions, and knowledge that define us.[iii] Therefore, memes offer a framework for understanding how cultural evolution parallels and intertwines with biological evolution.[iv]
Dawkins gave examples of memes as diverse as catchy tunes, fashion trends, and religious beliefs. For instance, the melody of “Happy Birthday” is a meme because it has spread across cultures, survived for generations, and remains instantly recognizable. And the characteristics that make it so enduring - It’s simplicity, emotional resonance, and ease of replication are hallmarks of a successful meme. But while specific memes like “Happy Birthday” have a clear, defined presence, more complex and abstract memes, such as betrayal, sacrifice, redemption, courage or justice, require sophisticated means of transmission to ensure their survival. These memes are the stuff of trial advocacy and mitigation, and this is where storytelling becomes indispensable.
Storytelling is not itself a meme, but a vehicle through which memes are transmitted and preserved. And because storytelling abstracts complex ideas into relatable narratives, it allows memes to cross cultural and temporal boundaries with remarkable efficiency. But storytelling’s significance extends beyond mere replication, it provides the context, emotional weight, and moral framing that help memes resonate and endure.
For example, the meme of betrayal can be transmitted through a story of trust broken or loyalty forsaken, featuring characters and situations that allow the decision maker in a criminal case to see themselves in the narrative. This relatability makes the lesson vivid and unforgettable, embedding the consequences of betrayal in a way that resonates deeply across cultures and across time. Therefore, storytelling acts as an amplifier of memes, enabling their spread and embedding their lessons in human consciousness and possibly even human DNA.
The Baldwin Effect: Cultural Innovation Meets Genetic Adaptation
Key mechanisms of evolution include mutations, environmental pressures, and natural selection, which together drive the propagation of beneficial traits and ensure the survival of species.[v] Variability, the foundation of evolutionary adaptation, arises from universally recognized sources such as gene mutations, gene recombination, and gene duplication.[vi] While these genetic processes underpin traditional views of evolution, James Mark Baldwin’s groundbreaking proposal in 1896 introduced an additional layer to this framework: The Baldwin Effect.
This evolutionary concept suggests that behaviors or traits acquired during an individual’s lifetime through learning and adaptation can influence evolutionary outcomes, making these traits more likely to become instinctive and heritable over generations.[vii] The Baldwin Effect bridges the gap between learned behaviors and genetic evolution, highlighting the dynamic interplay between culture and biology.
The mechanism of the Baldwin Effect relies on plasticity, the ability of an organism to adapt to its environment during its lifetime. When individuals develop new behaviors to solve challenges, these behaviors can provide significant survival advantages. Over successive generations, natural selection favors individuals with a predisposition for these advantageous behaviors.
As a result, the behaviors may become instinctive, encoded into the genome through evolution.[viii] For instance, consider how certain bird species have learned to open milk bottles[ix] or how primates have adopted tool use. These behaviors initially arise through learning but, as they prove advantageous, natural selection favors individuals better equipped to acquire them, leading to their eventual genetic assimilation.
While often overlooked or misunderstood, the Baldwin Effect is far more significant than many evolutionary scientists acknowledge. Critics have dismissed it as rare or confused it with Lamarckism,[x] the discredited idea that acquired traits can be directly inherited. However, evidence suggests that the Baldwin Effect is not only prevalent but also a powerful force in shaping human and animal evolution. It accelerates the evolution of high-fitness traits, such as language and complex intelligence, particularly when supported by adaptive plasticity.[xi] As DeJager notes, understanding the Baldwin Effect provides a valuable lens for studying human nature, potentially bridging the persistent nature-versus-nurture debate and offering new insights into the co-evolution of culture and biology.
Humans, with their unparalleled ability for abstraction and communication, exemplify the profound influence of the Baldwin Effect. Through storytelling, humans encode learned behaviors and solutions into narratives that can be shared across generations. These stories not only preserve specific actions but also distill the underlying principles, ensuring they remain relevant to new challenges. This unique capacity allows humans to transcend the immediate benefits of learned behaviors and embed them into the cultural and biological fabric of humanity. Therefore, storytelling amplifies the Baldwin Effect, transforming learned behaviors into evolutionary tools that shape both culture and biology.
By examining the Baldwin Effect through modern research, its relevance to human evolution becomes clear. As a mechanism that connects cultural innovation with genetic adaptation, the Baldwin Effect underscores the profound interconnectedness of learning, adaptation, and evolution, illuminating how humans have thrived by solving problems and passing down those solutions across both time and generations. In humans, the Baldwin Effect becomes even more profound because of our capacity for abstraction and communication.
And because humans can encode learned behaviors in stories and share them across generations, these behaviors gain cultural permanence that can influence evolutionary outcomes. But what sets humans apart is the ability to transmit not just the behavior but also the abstract principles behind it. Therefore, storytelling is uniquely human. It allows us to share the “how” and “why” behind successful adaptations, ensuring that the knowledge becomes embedded in both culture and, potentially, biology.
Archetypes and Evolution: Peterson’s Adaptation of Meme Theory
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Storytelling is more than a cultural phenomenon - it is an evolutionary force. As explored in the previous sections, stories preserve learned behaviors, transmit survival strategies, and shape cultural values over generations. But their power extends even further. Stories resonate deeply with human beings because they mirror universal patterns of struggle, growth, redemption, and transformation.
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These recurring patterns, referred to as Jungian archetypes, personify the traits and characteristics of those who engage in specific behaviors, such as courage, betrayal, or sacrifice.[xii] Archetypes emerge from the universal human experience, capturing the essence of actions and their consequences in a way that resonates deeply across time and cultures. According to Peterson, these foundational stories address universal challenges, embedding strategies for navigating chaos, conflict, and transformation into both individual psyches and collective cultures.
Jordan Peterson, a clinical psychologist, media commentator, online educator, and Professor Emeritus at the University of Toronto, has extensively explored the intersection of psychology, culture, and narrative. In his recent book, We Who Wrestle with God,[xiii] Peterson examines the theological, philosophical, and psychological dimensions of biblical narratives, offering a unique exploration of how these foundational stories influence both individual growth and societal transformation. Central to his work is the idea that archetypes - such as the hero, the shadow, and the great mother - are not just recurring motifs in storytelling but also evolutionary tools, guiding human behavior and survival across generations.
First introduced into scientific discourse by Swiss psychologist Carl Jung, an archetype refers to universal patterns of behavior, themes, and symbols that recur across stories, myths, and cultures, regardless of historical period or geographic location.[xiv] Jung hypothesized that archetypes stem from the collective unconscious; a shared, primal memory intrinsic to the human mind. Archetypes, such as the hero, the shadow, and the great mother, are deeply embedded in the psyche and manifest in storytelling, art, and cultural practices.[xv]
Joseph Campbell expanded upon Jung’s work, applying the concept of archetypes to world mythologies and formalizing the universal storytelling structure known as the hero’s journey. In his influential book, A Hero with a Thousand Faces,[xvi] Campbell outlined the hero’s journey template, a narrative pattern that includes stages such as the call to adventure, confrontation with trials, and ultimate transformation. This template demonstrates how archetypal patterns resonate universally, evoking similar emotional responses across cultures and time. Recognizing these patterns allows us to bring their unconscious influence on a conscious level, making them vital tools for understanding human behavior and storytelling.[xvii]
Peterson incorporates these ideas into his analysis, arguing that archetypes are not merely cultural constructs but also reflections of biological and evolutionary realities. He contends that these recurring narrative patterns endure because they address universal human challenges and encode strategies for survival and adaptation. For Peterson, archetypes are more than an abstract idea, they are evolutionary tools conveyed through storytelling to help individuals and societies navigate chaos, conflict, and transformation.
In a moderated discussion with Richard Dawkins,[xviii] Peterson explored a compelling hypothesis: that “archetypes, much like learned behaviors in the Baldwin Effect, can exert evolutionary pressure and eventually become biologically encoded." Drawing from Jungian and evolutionary principles, Peterson suggests that archetypes reflect patterns of behavior so consistently advantageous for survival that they shape not only culture but also biology over generations. For example, the archetype of the hero confronting chaos mirrors the evolutionary necessity of overcoming environmental challenges. Peterson argued that such archetypal narratives, including the hero’s journey identified by Campbell, act as memetic tools, guiding human behavior in ways that enhance adaptability and resilience.
One evocative example Peterson discussed is the story of Cain and Abel, which encapsulates themes of envy, resentment, sacrifice, and moral failure. In this narrative, Cain, consumed by envy, murders his brother Abel, whose sacrifice is accepted by God while Cain’s is not. Peterson highlights this story as a cautionary tale offering a profound solution to the universal problem of managing failure and perceived injustice. Cain could have learned from his rejection and improved himself, but instead, he succumbed to destructive emotions. This archetype serves both as a guide for personal responsibility and a warning against the corrosive effects of resentment. Peterson argues that such stories encode survival strategies and moral lessons, transmitting these lessons across generations through cultural storytelling and potentially influencing evolutionary outcomes.
Peterson’s confluence of archetypes and the Baldwin Effect suggests that storytelling functions as an evolutionary mechanism, providing a framework for addressing recurring human challenges. Over time, the adaptive behaviors and strategies embedded in these narratives may become biologically ingrained, bridging the gap between cultural innovation and genetic adaptation.
By examining archetypes through both a psychological and evolutionary lens, Peterson shows how foundational stories not only shape human behavior but also contribute to humanity’s cultural and biological legacy. This understanding underscores the power of storytelling as a tool for addressing universal challenges, preserving values, and fostering resilience.
Key Take-away:
- Storytelling also serves a powerful evolutionary and cultural role.
- Stories transmit "memes" - cultural ideas and behaviors - that influence both individual behavior and collective evolution.
- Through storytelling, humans preserve and share problem-solving strategies, allowing these behaviors to become instinctive over generations (the Baldwin Effect).
- Archetypes like the hero or the betrayer, discussed by Peterson, mirror universal challenges and encode survival strategies. In this light, storytelling isn’t just persuasive advocacy - it’s a biologically rooted mechanism for shaping behavior, preserving values, and guiding evolution.
Practice Tip: |
Coming up in Part 2:
Patrick Barone will offer a lawyer's guide to narrative mastery:
- Storytelling and creativity using structure and precision to connect with the audience
- How to use "and", "but", and "therefore" to offer a path forward
- Why storytelling encodes survival strategies
- How to integrate frameworks into your narrative
- Storytelling as persuasion in the courtroom that shape outcomes at trial
Return to the Mastery Skills II Table of Contents
Or, go to the next article in the Mastery Skills II course
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Comments and questions will be posted here with their responses:
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For further study:
[i] Dawkins, R., The Selfish Gene (Oxford Univ. Press 1976).
[ii] Id. Chat. 11.
[iii] Van Der Kooij, B., 2021. Deep Origins of Innovation (Part II/III): Memes of Novelty. AARN: Science & Technology Studies (Sub-Topic). https://doi.org/10.2139/ssrn.3854553.
[iv] Pocklington, R., 2001. Memes and Cultural Viruses, pp. 9554-9556. https://doi.org/10.1016/B0-08-043076-7/03130-2.
[v] Shahid Ali et al. Exploring Evolution: A Brief Journey through Mechanisms and Milestones, Nature's Symphony (2023). https://doi.org/10.69547/ns.12.01
[vi] Why the mechanisms of biological evolution are still not revealed?" Current Research in Biochemistry and Molecular Biology (2020). https://doi.org/10.33702/CRBMB.2020.1.1.1.
[vii] Morgan, T., & Griffiths, T., 2015. What the Baldwin Effect affects. Cognitive Science.
[vii] Morgan, T., Suchow, J., & Griffiths, T., 2020. What the Baldwin Effect affects depends on the nature of plasticity, Cognition, 197. https://doi.org/10.1016/j.cognition.2019.104165.
[ix] Lefebvre L. The Opening of Milk Bottles by Birds: Evidence For Accelerating Learning Rates, But Against The Wave-of-Advance Model of Cultural Transmission, Behav Processes. 1995 May;34(1):43-53. doi: 10.1016/0376-6357(94)00051-h. PMID: 24897247.
[x] J. Watkins et al. A Note on Baldwin Effect, The British Journal for the Philosophy of Science, 50 (1999): 417 - 423. https://doi.org/10.1093/bjps/50.3.417.
[xi] DeJager, J., 2016. Baldwin’s Remarkable Effect. Biological Theory, 11, pp. 207-219. https://doi.org/10.1007/S13752-016-0250-6.
[xii] Anthony Stevens, The Archetypes, in The Handbook of Jungian Psychology 74, 74–93 (Renos K. Papadopoulos ed., 2012).
[xiii] Jordan B. Peterson, We Who Wrestle with God: Perceptions of the Divine (Penguin Publ'g Grp. 2024).
[xiv] Kim, Won-Cheol, et al. "Archetype." Fragments, 2009, https://doi.org/10.4135/9781412972024.n139.
[xv] Carl G. Jung, The Archetypes and the Collective Unconscious (R.F.C. Hull trans., Princeton Univ. Press 1981).
[xvi] Joseph Campbell, A Hero with a Thousand Faces (New World Library 2008).
[xvii] S. Yerzhanova et al., Psychological and Philological Aspects of The Archetype, 64 (2020): 85-89. https://doi.org/10.51889/2020-3.1728-7847.15
[xviii] O’Connor, Alex, moderator. Dawkins vs. Peterson: Memes & Archetypes. Episode 491, YouTube, uploaded by Daily Wire, 2024, https://www.youtube.com/watch?v=8wBtFNj_o5k. (last accessed 12/27/24).
[ii] Id. Chat. 11.
[iii] Van Der Kooij, B., 2021. Deep Origins of Innovation (Part II/III): Memes of Novelty. AARN: Science & Technology Studies (Sub-Topic). https://doi.org/10.2139/ssrn.3854553.
[iv] Pocklington, R., 2001. Memes and Cultural Viruses, pp. 9554-9556. https://doi.org/10.1016/B0-08-043076-7/03130-2.
[v] Shahid Ali et al. Exploring Evolution: A Brief Journey through Mechanisms and Milestones, Nature's Symphony (2023). https://doi.org/10.69547/ns.12.01
[vi] Why the mechanisms of biological evolution are still not revealed?" Current Research in Biochemistry and Molecular Biology (2020). https://doi.org/10.33702/CRBMB.2020.1.1.1.
[vii] Morgan, T., & Griffiths, T., 2015. What the Baldwin Effect affects. Cognitive Science.
[vii] Morgan, T., Suchow, J., & Griffiths, T., 2020. What the Baldwin Effect affects depends on the nature of plasticity, Cognition, 197. https://doi.org/10.1016/j.cognition.2019.104165.
[ix] Lefebvre L. The Opening of Milk Bottles by Birds: Evidence For Accelerating Learning Rates, But Against The Wave-of-Advance Model of Cultural Transmission, Behav Processes. 1995 May;34(1):43-53. doi: 10.1016/0376-6357(94)00051-h. PMID: 24897247.
[x] J. Watkins et al. A Note on Baldwin Effect, The British Journal for the Philosophy of Science, 50 (1999): 417 - 423. https://doi.org/10.1093/bjps/50.3.417.
[xi] DeJager, J., 2016. Baldwin’s Remarkable Effect. Biological Theory, 11, pp. 207-219. https://doi.org/10.1007/S13752-016-0250-6.
[xii] Anthony Stevens, The Archetypes, in The Handbook of Jungian Psychology 74, 74–93 (Renos K. Papadopoulos ed., 2012).
[xiii] Jordan B. Peterson, We Who Wrestle with God: Perceptions of the Divine (Penguin Publ'g Grp. 2024).
[xiv] Kim, Won-Cheol, et al. "Archetype." Fragments, 2009, https://doi.org/10.4135/9781412972024.n139.
[xv] Carl G. Jung, The Archetypes and the Collective Unconscious (R.F.C. Hull trans., Princeton Univ. Press 1981).
[xvi] Joseph Campbell, A Hero with a Thousand Faces (New World Library 2008).
[xvii] S. Yerzhanova et al., Psychological and Philological Aspects of The Archetype, 64 (2020): 85-89. https://doi.org/10.51889/2020-3.1728-7847.15
[xviii] O’Connor, Alex, moderator. Dawkins vs. Peterson: Memes & Archetypes. Episode 491, YouTube, uploaded by Daily Wire, 2024, https://www.youtube.com/watch?v=8wBtFNj_o5k. (last accessed 12/27/24).
