[Deffeh]

This is interesting but i'm not entirely sure how to reply to it.

Something that often occurs to me when talking about laws, and tacit / express consent, is that quite often the theory comes after the implementation. Discussing how laws come about is all very well, but the fact of the matter is, they do.

The answer is probably that laws come about because lawmakers can implement them, and do so in their own image and moral frame, rather than any complex examination of human nature or objective morality.