In her 2010 paper on diverging family structure, Amy Wax names the traits and stops. Discount rate, executive function, self-control, future orientation, conscientiousness, cognitive ability. She correlates them with education, occupation, and demographic group. She observes that they determine who thrives under normative deregulation. Then she declines to say where they come from. She knows what the next question is. Everyone reading the paper knows what the next question is. She writes that the source of the observed differences, whether grounded in culture or individual characteristics, warrants further investigation, and leaves the sentence to do the work of a chapter.
Prudence explains part of it. A working paper for an Elgar volume on family law cannot carry a full treatment of behavior genetics and survive as a paper about family law. Any paper that takes on the heritability of self-regulation across populations becomes a paper about that, and the local-versus-global model gets read as a vehicle rather than as a claim. Wax had already written enough to guarantee hostility. Adding the origins question would have guaranteed that nothing else in the paper got discussed.
Legal scholarship has no procedure for adjudicating this kind of empirical dispute. A law review cannot referee a quarrel among statistical geneticists. What it can do is cite, and citation in a contested field is taken as endorsement. Wax’s choices were to cite the hereditarian literature and be read as endorsing it, cite the environmentalist literature and be read as endorsing that, or cite neither. She cited neither, with two exceptions buried in footnotes: a 1981 Sandra Scarr volume on race, social class, and individual differences in IQ, and a reference to average racial and ethnic differences in personality profiles on employment screening tests.
Her argument runs: a latent distribution of self-regulatory capacity existed before 1960; strong norms masked it; deregulation revealed it; the revealed differential now compounds across generations. A theory that explains how a latent difference becomes manifest after a regime change is incomplete without a theory of where the latent difference came from. Without one, the framework risks circularity. Populations differ in outcomes because they differ in decision style; we infer the decision style from the outcomes.
Start with what the three literatures say.
The first literature, on within-population heritability of cognitive ability and personality, is about as settled as anything in social science. Twin, adoption, and sibling designs across many Western samples converge on adult heritability estimates for measured cognitive ability in the range of fifty to eighty percent, with the estimate rising through childhood and adolescence and stabilizing in adulthood. Personality traits, including conscientiousness, run lower, in the range of forty to fifty percent. These are variance-partitioning results within the populations sampled, and they do not say what any individual’s score is caused by. They are also not seriously contested by anyone who works with the data. Robert Plomin (b. 1948) has spent a career establishing them and Eric Turkheimer, who dislikes almost every use to which they are put, does not dispute them.
The second literature, on between-population differences, is where the confidence collapses. The classic point from Richard Lewontin (1929-2021) holds: within-group heritability licenses no inference about between-group causes. Two batches of seed with identical genetic variance, grown in different soils, produce mean differences that are entirely environmental while heritability within each batch stays high.
The obvious response is that molecular genetics should settle what quantitative genetics cannot. It has not. Polygenic scores for cognitive ability and educational attainment, built from genome-wide association studies conducted almost entirely in European-ancestry samples, lose most of their predictive power when applied to other ancestry groups. The loss comes from differences in linkage disequilibrium patterns, differences in allele frequencies, and confounding by population structure that within-sample controls do not remove. Comparing mean polygenic scores across ancestry groups, which several authors have attempted, is a procedure that statistical geneticists reject on the grounds that that the tools currently cannot do the job.
Against the persistence of measured gaps stands the Flynn effect. James Flynn (1934-2020) documented gains in measured cognitive ability across the twentieth century of roughly three points per decade in many countries, which is to say that the environmental headroom on population means exceeds the size of the differences under dispute. Whatever produced those gains was not genetic change. Some portion of the American Black-White gap has narrowed over the same period, by amounts that vary by test and cohort. Transracial adoption studies exist on both sides of the question and all of them are small, old, and confounded.
The between-population question is open, the confidence expressed on both sides exceeds what the data support, and anyone who tells you it is settled is telling you about his coalition.
The behavior-genetic literature does contain a finding that wounds Wax’s argument. Wax’s fallback, and the fallback her sympathetic readers reach for, is the developmental loop. Family structures produce the developmental environments of children; those children acquire the traits; the traits reproduce the family structures. She writes that restraint, moderation, emotional control, trustworthiness, persistence, and sobriety develop best when children live with both biological parents in stable marital homes. The loop generates path-dependent equilibria without invoking any heritable substrate difference, which is exactly why it appeals.
The trouble is that the loop specifies a shared-environment effect, and shared environment is the component that behavior genetics has had the hardest time finding. In standard designs, the shared environment contribution to adult cognitive ability in Western samples shrinks toward zero. For personality traits including conscientiousness it is near zero at most ages. Siblings raised in the same home resemble each other on these traits at about the rate predicted by their genetic relatedness and little more. Adoptive siblings, who share the home and not the genes, correlate near zero as adults. If growing up with a married father transmitted self-command through the home environment, the designs that measure home environment should find it. They mostly do not.
The dissolution is available. Judith Rich Harris (1938-2018), in The Nurture Assumption, argued that the near-zero shared environment finding does not mean environment fails to socialize children. It means the socializing environment is the peer group. Children calibrate conduct to the group they expect to live among, and the calibration happens outside the family. From the standpoint of a twin design conducted within neighborhoods, peer influence loads onto the non-shared component, or vanishes into the residual, because siblings in the same home often occupy different peer positions and because the design cannot see variance that a whole community shares.
Harris’s account fits Wax’s framework better than Wax’s own account does. A normative regime operates at the level of a community. The pre-1960s architecture Wax describes worked because everyone in the neighborhood was following the same rule, which is what made following it cheap. That is a community-level variance component, and a twin study conducted inside a single normative environment measures nothing about it. Ask a twin design what fraction of variance in age at first intercourse is attributable to shared environment in Utah, and the answer tells you about differences among Utah families.
Shared environment estimates differ sharply by outcome. For measured intelligence and for personality traits, shared environment washes out. For behaviors like religiosity, political attitudes, smoking initiation, age at first intercourse, and fertility timing, shared environment persists into adulthood at levels that are not trivial. This is the structure Wax’s theory requires. Norms govern conduct, and conduct is the thing on which community-level environment continues to register.
Trait distribution may be substantially heritable, and the question of its cross-population structure may remain open, and neither fact touches the claim that a normative regime converts a given trait distribution into a given behavioral distribution. Wax’s argument is about a conversion. The origins question determines the ceiling on what environmental intervention might achieve.
Behavior geneticists have a term for what a strong normative regime does: it suppresses gene-environment correlation. When a rule pushes everyone toward the same conduct regardless of disposition, dispositional variance stops expressing itself in behavior, and the heritability of the behavioral outcome falls. When the rule goes, dispositional variance expresses itself, and the heritability of the outcome rises. The same logic appears in the Scarr-Rowe finding, where heritability of cognitive ability is lower in low-socioeconomic-status American samples, and where the interaction shows up less consistently in European samples with stronger institutional floors. Constraint compresses heritability. Freedom releases it.
Wax’s thesis predicts that the heritability of family-structure outcomes should have risen across birth cohorts. For Americans born in the 1930s and 1940s, who married under the old architecture, twin designs should find low heritability for age at first marriage, marital stability, and nonmarital childbearing, because the rule was carrying almost everyone to the same place regardless of individual disposition. For Americans born after 1960, who chose under moral improvisation, the same designs should find substantially higher heritability for the same outcomes, because the outcome now tracks the dispositions the rule used to override. The rise should be steeper in populations where the old architecture collapsed most completely, and shallower in populations that retained their own norm-producing institutions.
This is testable now. The Minnesota, Virginia, Swedish, Danish, and Australian twin registries hold cohorts on both sides of the break, with marital and fertility histories attached. Someone has probably examined a piece of it under a different description, since cohort variation in heritability of fertility timing has been studied. Nobody, as far as I can find, has framed the test as an evaluation of a normative-deregulation hypothesis, and the framing is what turns a demographic curiosity into a discriminating test. A structural account predicts no cohort change in heritability, since it locates causation in wages and sex ratios that fall on families rather than on individual dispositions. Wax’s account predicts a rise. The two theories separate on a number that a graduate student could compute.
Where the origins question bites is on policy. If the trait distribution responds to environment, environmental intervention can compress it, and the pessimism about the post-deregulation equilibrium is overstated. If the distribution has a substantial heritable component that intervention cannot reach, the only arrangement that compensates for the differential is one that restores external rules, and the argument for restoration is arithmetic.
A paper that names the traits, correlates them with racial groups, and refuses to say where they come from leaves the reader to supply the missing term. Readers tend to supply the one that is convenient. The hostile reader concludes she means heredity and is hiding it. The friendly reader concludes she means heredity and is being brave about it. Both conclusions are inferences from a gap, and both are unfalsifiable, since she wrote nothing to check them against. Silence in a combustible field transfers authorship of the missing paragraph to whoever wants to write it.
The alternative she had available was to state the disjunction and show that her argument survives both branches. That paragraph runs about two hundred words. It says the origins of the trait distribution are contested. It says molecular methods have not settled the contest and may not for some time. It says the descriptive claim holds under either resolution, and that the policy implications diverge, with the environmental branch supporting intervention and the heritable branch supporting institutional restoration. Writing it would have cost her the accusation of hiding something and gained her the accusation of raising it. Whether that trade made sense in 2010 is a judgment about the field she was writing in rather than about the evidence, and the field has moved enough since that the calculation might come out differently now.
Nobody knows the cross-population structure of the traits Wax describes. The tools that could answer the question do not work across ancestry groups yet, and the inferential shortcut from within-group heritability is invalid. The within-population heritability of the traits is high and not in dispute. The shared-environment finding rules out the simplest family-transmission story and leaves community-level normative transmission standing, which is the story Wax needs and the one she should have told.
Her framework, stripped of the origins question, then makes a prediction.
The heritability of family-structure outcomes rose across the birth cohorts that straddle the deregulation. The reasoning is ordinary behavior genetics. When a rule carries everyone to the same conduct regardless of temperament, temperament stops appearing in the outcome. A man with a high discount rate and a man with a low one both marry at twenty-three, both stay, and both have their children inside the marriage, because the alternatives carry costs neither will pay. The dispositional variance sits there with nowhere to express. Heritability of the outcome runs low, and the shared environment, meaning the community rule the siblings grew up under, does the work. Remove the rule and the same two men diverge, because the outcome now tracks the disposition and nothing else is steering. Heritability rises.
The test follows from the claim. Take twin pairs born in the late 1930s and early 1940s, who married under the old architecture. Take twin pairs born in the late 1960s and the 1970s, who chose under moral improvisation. Run the same variance decomposition on both cohorts for age at first marriage, marital dissolution, age at first birth, and childbearing outside marriage. Wax predicts a substantially larger additive genetic component in the later cohort and a substantially smaller shared-environment component. The Minnesota, Virginia, Danish, Swedish, and Australian registries hold cohorts on both sides of the break with marital and fertility histories attached.
Wilson predicts nothing of the kind. Wages, sex ratios, and the disappearance of manufacturing work fall on neighborhoods and families, and siblings share neighborhoods and families. A structural account predicts stable heritability across cohorts, or a rise in the shared-environment component as the economic shock lands. Akerlof, Yellen, and Katz point the same way, since a technological shock to contraceptive availability reaches both twins in a pair. Geronimus points the same way. Two families of theory that have argued past each other for forty years separate on a number, and the number is computable from data already collected.
A second prediction rides on the first. The rise should run steepest in the populations where the old architecture collapsed hardest and flattest in the populations that kept their own norm-producing institutions. Any registry carrying religious affiliation can check it, and the check discriminates between the normative account and any account that locates the cause in traits alone.
Two things about the result before anyone runs it. A within-cohort heritability estimate is a within-population number in both cohorts, so the finding says nothing about differences between groups in either direction. That is the feature rather than the limitation. The test can confirm Wax’s thesis while confirming nothing that either camp in the origins dispute wants to carry away. And some of the demography may already exist under another description, since work on Danish twins has reported rising heritability of fertility outcomes for post-1950 cohorts. Anyone building on this should read that literature before claiming the ground is empty. What has not been done is the framing: nobody has treated the cohort shift in heritability as a test of normative deregulation against its structural rivals.
Notes
On Wax’s own record. The paper under discussion is Amy L. Wax, “Diverging Family Structure and ‘Rational’ Behavior: The Decline in Marriage as a Disorder of Choice,” University of Pennsylvania Public Law and Legal Theory Research Paper No. 10-17, available at https://ssrn.com/abstract=1592424. The two footnote citations described above appear at notes 76 and 99 of that draft. The earlier statement of the demographic argument is “Engines of Inequality: Class, Race, and Family Structure,” 41 Family Law Quarterly 567 (2007). Race, Wrongs, and Remedies: Group Justice in the 21st Century (Hoover Institution Press, 2009) is the book where she walks through the exogenous explanations for the test score gap and declines the hereditarian step, at https://archive.org/details/racewrongsremedi0000waxa. The paper that shows the agnosticism doing positive work is “The Poverty of the Neuroscience of Poverty: Policy Payoff or False Promise?“, 57 Jurimetrics 239 (2017), at https://scholarship.law.upenn.edu/faculty_scholarship/1711/ and https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2888600. Her argument there turns on the point that imaging research cannot separate innate from environmental causes of brain characteristics, which she uses against interventionist optimism while asserting nothing about origins. “Educating the Disadvantaged,” National Affairs (Summer 2017), sits at https://www.nationalaffairs.com/publications/detail/educating-the-disadvantaged. Her faculty listing, which still carries rational choice and family structure among works in progress, is at https://www.law.upenn.edu/faculty/awax/.
On the within-population findings. Eric Turkheimer, “Three Laws of Behavior Genetics and What They Mean,” 9 Current Directions in Psychological Science 160 (2000), states the two propositions the essay leans on: traits are heritable, and the effect of being raised in the same family runs smaller than the effect of genes. Journal version at https://journals.sagepub.com/doi/10.1111/1467-8721.00084, author copy at https://uva.theopenscholar.com/files/eric-turkheimer/files/three_laws_of_behavior_8.pdf. Turkheimer’s own reading of the laws differs sharply from the use hereditarian writers make of them, and his Substack is the place to see him say so. Christopher Chabris and colleagues added a fourth law in 2015, at https://journals.sagepub.com/doi/full/10.1177/0963721415580430. For the heritability estimates and their rise with age, Robert Plomin and Ian Deary, “Genetics and Intelligence Differences: Five Special Findings,” Molecular Psychiatry (2014), at https://www.nature.com/articles/mp2014105, and Thomas Bouchard’s account of the age gradient at https://www.cambridge.org/core/journals/twin-research-and-human-genetics/article/wilson-effect-the-increase-in-heritability-of-iq-with-age/FF406CC4CF286D78AF72C9E7EF9B5E3F.
On the shared-environment problem and its resolution. Judith Rich Harris, “Where Is the Child’s Environment? A Group Socialization Theory of Development,” 102 Psychological Review 458 (1995), and The Nurture Assumption (Free Press, 1998), carry the argument that the socializing environment is the peer group. Harris is the least-cited figure in this dispute relative to her usefulness, largely because both camps read her as conceding to the other. On the interaction between socioeconomic position and heritability, see the Scarr-Rowe literature and the failure to replicate it outside the United States: Ken Hanscombe and colleagues, “Socioeconomic Status and Children’s Intelligence,” PLoS ONE (2012), at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3270016/. The Dickens and Flynn model of environmental multipliers, which explains how high heritability coexists with large environmental movement in population means, sits here.
On why the cross-population question stays open. The logical point is Richard Lewontin’s, most accessibly in his 1970 reply to Arthur Jensen in the Bulletin of the Atomic Scientists. For the technical reason molecular methods cannot currently answer it, see Alicia Martin and colleagues, “Clinical Use of Current Polygenic Risk Scores May Exacerbate Health Disparities,” Nature Genetics (2019), at https://www.nature.com/articles/s41588-019-0379-x, with the open preprint at https://www.biorxiv.org/content/10.1101/441261v3, and the companion survey of the field’s ancestry composition at https://www.nature.com/articles/s41467-019-11112-0. More recent work shows prediction accuracy falling continuously along the ancestry continuum rather than in discrete population steps, at https://www.nature.com/articles/s41586-023-06079-4, which further undercuts any procedure that compares group mean scores. A recent review of the open problems in portability is at https://www.nature.com/articles/s41467-026-68565-3. For the skeptical case stated at full strength, Jonathan Kaplan and colleagues, “Genes, Heritability, ‘Race’, and Intelligence,” Genes (2022), at https://www.mdpi.com/2073-4425/13/2/346.
On the cohort-heritability test, which requires the most care. The relevant literature exists and it points in the predicted direction, so the honest framing is that the demography has been partly done and the argument has not. Hans-Peter Kohler, Joseph Lee Rodgers, and Kaare Christensen, “Is Fertility Behavior in Our Genes? Findings from a Danish Twin Study,” 25 Population and Development Review 253 (1999), and the same authors’ “Between Nurture and Nature: The Shifting Determinants of Female Fertility in Danish Twin Cohorts, 1870-1968,” 49 Social Biology 218 (2002), at https://pubmed.ncbi.nlm.nih.gov/14652919/, report that genetic influence on female fertility runs high in cohorts born around 1880, falls through the middle of the twentieth century, and rises again for cohorts born after 1955. They tie the movement to changing socioeconomic and normative conditions rather than to normative deregulation as such. Daniel Briley and colleagues, “Genotype by Cohort Interaction on Completed Fertility and Age at First Birth,” Behavior Genetics (2015), at https://link.springer.com/article/10.1007/s10519-014-9693-3, extends the cohort analysis. The Danish twin fertility design is at https://read.dukeupress.edu/demography/article/38/1/29/170416/Behavior-genetic-modeling-of-human-fertility, and a two-registry treatment of completed fertility at https://link.springer.com/article/10.1007/s10519-016-9805-3.
Anyone running the test should read Michael Rutter’s skeptical chapter in Offspring: Human Fertility Behavior in Biodemographic Perspective (National Academies Press, 2003), at https://www.ncbi.nlm.nih.gov/books/NBK97281/, which argues that secular trends in heritability estimates have proved inconsistent across traits and countries and that the interpretive temptation runs ahead of the evidence. His example is the rise in heritability of educational attainment in Norway for males and not females over a period when opportunity widened for both. That objection applies to the prediction advanced here with full force, and the prediction is worth more if it survives the objection than if it never meets it. Note also that the existing work covers fertility outcomes rather than marriage timing, marital dissolution, and childbearing outside marriage, and covers Denmark rather than the United States, where the normative collapse the argument describes ran furthest.
Further reading. On the older quantitative-genetic critique, David Layzer, “Heritability Analyses of IQ Scores: Science or Numerology?“, Science (1974), at https://www.science.org/doi/10.1126/science.183.4131.1259, states the case against inference from heritability estimates in a form that most later criticism restates. On the demographic side of the family argument, Andrew Cherlin, The Marriage-Go-Round (2009), Charles Murray, Coming Apart (2012), Robert Putnam, Our Kids (2015), and Melissa Kearney, The Two-Parent Privilege (2023), carry the descriptive picture forward from where Wax leaves it. Orlando Patterson’s writing on culture and agency, and William Julius Wilson’s account of the professional silence that followed the Moynihan report in the opening chapter of The Truly Disadvantaged (1987), supply the disciplinary context for the omission this essay examines.
