Abstract. The article addresses legal issues, and more specifically, the genesis of law, the
establishment of essential features and patterns of its formation and development. The
analysis takes into account not only practical and scientifically grounded peculiarities of
the legal realm in the historical or modern perspective, but also the “acquired” material
of the anthropology, sociology, philosophy; it also takes into account the data of biology
and techno-humanistics, which indicates the interdisciplinary nature of the presentation.
The paper considers selective social communications characteristic of proto-communities
in order to pay attention to the natural and social characteristics of a person and to
demonstrate their influence on the functioning of the human mind, namely, the principle
of reasonable selection, true and objective in its nature. This principle served as the basis
of rational deduction and reduction of non-viable behavior patterns destructive for social
existence and development. With the help of the same principle, the greatest imperatives
were created for the humanity as a whole, later embodied in moral, religious dogmas,
natural law, etc. But most importantly, they ensured preservation of human nature.
Some provisions are given that it was reasonable selection at a certain historical stage
of human development that showed the law based on preservation of human nature and
implemented solely under state (institutional) regulation of public relations as the only
civilized instrument for preserving human nature that can act as an effective and safe
regulator. Based on the analysis of the historical adaptation of humans, as well as modern
challenges set forth by scientific and biotechnological progress and problems associated
with gender identity and sexual orientation of a person, the position is defended that
human nature, especially at the present stage of its development, needs to be protected
precisely through law.
Keywords: Preservation of human nature; positive law; reasonable selection; natural law;
legal understanding.