65. THE PERMANENT SOCIAL WILL.--The social will may be regarded as something permanent. Its existence is not confined to those moments in which collective decisions are being made. The will to be one which const.i.tutes a group of human beings a nation is not at all times actively exercised, but the settled disposition to action looking toward that end may be always present and ready to be called into action. An autocracy remains such when its irresponsible head is making no decisions; and a democracy is not such only while elections are being held or the legislature is sitting. The organization of a society, the whole body of the usages which it accepts and approves, are revelations of the social will. That will does, it is true, give expression to itself in a series of actual decisions more or less conscious and deliberate, but it is far more than any such series of decisions. It is a disposition, rooted in the past and reaching into the future. It is a guarantee of decisions to come, of whose nature we may make some forecast.

The permanent social will const.i.tutes the _character_ of a community. Our study of the will of the individual prepares us for the recognition of the fact that communities may be but dimly aware of their own character, and may be quite unable to give an unbiased account of the ideals which animate them.

CHAPTER XVIII

EXPRESSIONS OF THE SOCIAL WILL

66. CUSTOM.--We have seen above that even the forms of political and social organization may justly be regarded as an expression of the social will. Such forms are the result of past choices, and their acceptance in the present is evidence of present choice.

Between the organization of a society and its customs proper we may distinguish by comparing the former to structure and the latter to function in the case of any organism. But we must bear in mind that, here, structure has been built up by, and is in process of modification by, the same forces that exhibit themselves in function. It would not be wholly out of place to describe a people as having the custom of being ruled by hereditary chiefs, of choosing their monarchs, or of governing themselves through elected representatives. Forms of organization are handed down to successive generations by the same social tradition that transmits customs of every description.

Customs are public habits which are, on the whole, approved by a community. They are ways of acting which are regarded as normal and proper. Where the authority of custom is evoked, pressure is brought to bear upon the individual to adjust himself to the will of the community.

A community, like an individual, may have habits which it does not approve. Such may be tolerated, although disapproved; or active efforts may be made to set them aside. Some habits may be regarded with comparative indifference, although professedly held in condemnation. The individual, in following such habits, may claim that they are not unequivocally condemned by the community, and he is not conscious of the weight of displeasure which visits the violation of the will of the community when unequivocally expressed.

In simple and primitive societies custom prescribes to the individual his course of life in the minutest detail. It possesses the authority of the dictator. In societies upon a higher level it may leave to him some discretion in deciding upon the details of his daily life, while still exercising a paramount control over the general trend of his actions.

Thus the will of the community, expressed in custom, determines what the members of the community _ought_ to do, and it takes measures to enforce obedience to its decisions. Is it surprising that the names which have been given to the science which treats of man's rights and duties, _morals, ethics_ (_mores, ethica, Sitten_), should reflect this truth? It would be an inadequate statement to maintain that the science of morals is no more than a systematic exposition of the customary in human societies. It is not an inadequate statement to a.s.sert that, in many societies, custom has, in fact, furnished the ultimate and complete standard of obligation, and that in all societies it is of enormous significance in moulding men's notions of right and wrong.

67. THE GROUND FOR THE AUTHORITY OF CUSTOM.--Habits are as essential to a society as they are to an individual human being. Without them, society could not live. In any social state--and no man can live except in a social state--there must be cooperation. How can there be cooperation if there are no social habits upon which men may count in their dealings with one another?

Try to conceive all the tacit mutual conventions, the unconscious adaptations to custom, which guide our daily lives, suspended for twenty- four hours. When should one rise in the morning? How should one dress?

What and how should one eat? Of business there could be no question, nor could there be cooperation in pleasures. Public order there could not be, for there would be no public worthy of the name. Protection of life and limb would be the creature of accident. Between civility and insult there would be no recognizable distinction. In short, men could not behave either well or ill, for there would be no rule to follow or to violate, nothing to expect, and, hence, no ground for disappointment.

In such a chaotic condition no society of men has ever lived. No actual state of anarchy has ever been complete, nor could it be, and endure. A "reign of terror" is a reign of law in comparison with such a dissolution of all the bonds which knit man to man. When we pa.s.s from one community to another, we find one set of public habits exchanged for another. Some sets impress us as better, some as worse. But there is no set which is not better than none. It makes it possible for men to live, if not to live well.

Customs are, then, a necessity. It is equally necessary that they should, in general, have binding force for the individual. But there are customs good and bad. The individual may fall into habits which he, upon reflection, concludes to be injurious to him, and which others see clearly to be injurious. A community sufficiently enlightened to criticize itself at all, may come to disapprove some of its customs and may endeavor to abolish them.

This means that a new act of the social will may set itself in opposition to the social will already crystallized into custom. In a given instance, and where there are differences of opinion, it may be a nice question whether the new or the old should be regarded as the authoritative expression of the social will.

68. THE ORIGIN AND THE PERSISTENCE OF CUSTOMS.--From the fact that customs are, in general, to be regarded as expressions of the social will, it might be a.s.sumed that their purposive character and social utility should be a sufficient explanation of their coming into being.

But the matter is not so simple. A man may fall into habits which are no indication of what he regards as useful to him. Such habits have not been formed independently of his will, and yet they may appear to be purposeless, or even detrimental. Who wishes to have the inveterate habit of cracking the joints of his fingers or of biting his finger-nails? What purpose do such habits serve?

Although the social utility of customs, taken generally, is easily apparent, yet there are many customs which seem inexplicable upon such a principle. Why, for example, should the king of a primitive community be prohibited from sleeping lying down? or why should it be forbidden that he gaze upon the sea? [Footnote: _Encyclopedia Britannica_, Eleventh edition, article "Taboo."] The origin of such customs is hidden in obscurity. That their adoption was not without its reason, we may a.s.sume.

That the reason was a reasonable one cannot be maintained. It seems probable, however, that it at some time seemed reasonable to some one.

The persistence of habit, social as well as individual, would account for the perpetuation of the custom long after the occasion which gave rise to it had been forgotten.

69. LAW.--Between custom and law, taken generally, it is by no means easy to draw a sharp distinction, although, in some instances, the distinction, may be clearly marked. In primitive communities, laws reduced to writing, and administered by persons deliberately chosen for that end, may be wholly lacking; and yet who would say that such communities do not live under the reign of law in a broad sense of the term? A course of life is prescribed to the individual; failure to come up to the standard meets with punishment.

Nevertheless, as social life rises in the scale and as communities become developed, custom and law become differentiated. The latter stands out upon the background of the former as something more sharply defined.

Penalties and the method of their infliction are more exactly fixed. Not all violations of what is customary are taken up into the legal code as punishable offences, although they meet with that indefinite measure of punishment entailed by social disapproval.

Those public habits which it seems to a community it is of especial importance to preserve and enforce come to be embodied in laws. The selection is a matter of more or less deliberate choice, and is an expression of will. The choice is not, normally, an arbitrary one. The laws of a people are, unless accident has intervened, the outcome and expression of its corporate life. For their ultimate authority they rest upon the acquiescence of the social will. Laws contrary to deep-seated and widely accepted custom are not apt to be regarded as of binding force. They are felt to be tyrannous, and are obeyed, if at all, unwillingly, and because of pressure from without.

In a later chapter [Footnote: Chapter XX.] I shall dwell upon the fact that the accidental may play a very significant role in law. In given instances the laws of a community may be, not the outcome of its will in any sense, but something imposed upon it. Such laws cannot but be felt to be oppressive and a restriction of freedom.

Laws, like customs, may cease to have a significance, and they may be modified or allowed to fall into desuetude. There is, however, much conservatism, as all who are familiar with legal usage know. And laws may fail of their purpose. They may aim to diminish crime, and their undiscriminating severity may foster crime. So may the individual select an end, fall into error in his choice of means, and, as a result of experience, resolve to subst.i.tute for such means others which are better adapted to carry out his purpose.

70. PUBLIC OPINION.--Public opinion is manifestly a force broader and more vague than established custom, and still broader than law. Public opinion may approve or condemn what no law touches, and it makes its influence felt beyond the sphere of what is customary.

Where customs and laws come to be imperfect expressions of the social will, they may stand condemned by public opinion. In such a case their authority is undermined and violations of them are condoned. Where public opinion is strongly against a law; the law becomes ineffective. The conservatism of law is such that a law may be allowed to stand unchanged, and yet may fail to be carried into effect. Juries may refuse to convict, or the unpalatable infliction of punishment may be avoided by granting to the judge a wide discretion in p.r.o.nouncing sentence.

The gradual development of a strong public sentiment may lead to the pa.s.sage of new laws, not based upon previously established customs, but deliberately framed with a view to the public weal. Old customs may be modified and new customs may be introduced. That the recommendations of public opinion extend beyond the sphere of the customary is manifest. It is not the custom of most men to leave any large part of their estate to public charity. Except in the case of the very rich, the failure to do so is not, as a rule, expressly condemned. Yet such bequests are approved, the testators are praised, and the att.i.tude of public opinion has no small influence upon the conduct of individuals. Again, extreme self- sacrifice is not customary; it is exceptional; and yet shining examples of unselfishness excite a warm sympathy. The expression of this sympathy is not without its influence.

Public opinion is more palpably an expression of the actual social will than are custom and law. We have seen that the last two may represent, in given instances, rather the inherited will of the past than the living will of the present. But when we call public opinion an expression of the social will we cannot mean that it necessarily reflects the sentiment of all the members of a given community.

In primitive communities custom may be a public habit which embraces all, or nearly all, individuals. Public opinion may scarcely have a separate existence. In communities more developed, some individuals may disapprove and refuse to follow many customs which are characteristic of the society to which they belong. Laws are not approved by all, and, in progressive states, there is usually some agitation which has as its object the repeal of old laws or the pa.s.sage of new ones. In communities where there is independence of thought, public opinion is usually divided.

Furthermore, the communities to which civilized men belong are not h.o.m.ogeneous aggregations of units. There is the public opinion which obtains within single groups within the state. The adherents of a religious sect may have notions peculiar to themselves of the conduct proper to the individual, and such notions may extend far beyond what is actually prescribed by the tenets of the sect. The several trades and professions, the social cla.s.ses, neighborhoods, even lesser voluntary a.s.sociations of men, such as clubs, may be pervaded by a public sentiment which varies with each group. When we speak of public opinion generally we have in mind something broader, a resultant. But the public sentiment of the lesser groups cannot be ignored. The individual feels himself especially influenced by the opinions of those most nearly a.s.sociated with him.

Under the head of public opinion it is convenient to speak of the opinions of moral teachers who have influenced the race. Such a thinker may enunciate truths far in advance of the opinions of his fellows. His teachings are not, hence, fairly representative of the social will as it reveals itself in his time. But the sentiments of the more enlightened never are completely in accord with those of the ma.s.s of their fellows.

They are not mere aberrations from the social will; they are its forerunners. The moralist and the religious teacher initiate new choices, which may become the choices of large bodies of men. From them proceed influences which have their issue in new expressions of the social will, characterizing whole societies, and giving birth to new customs, new laws, and a new form of public opinion. One can scarcely imagine what China would be without her Confucius; or the Arabic world, with Mahomet abstracted.

CHAPTER XIX

THE SHARERS IN THE SOCIAL WILL

71. THE COMMUNITY.--It is difficult to state with absolute exactness what const.i.tutes a community.

We may define it as a group of human beings a.s.sociated in a common life, depending upon and cooperating with each other. This definition will apply, to be sure, to lesser groups within a tribe or state; and even to a collection of tribes or states in so far as such enter into alliances and cooperate to their mutual advantage. As, however, the bond of union is, in the former case, subordinate to the higher authority of a larger group (for the family is subject to the tribe or state); and as, in the latter case, the bond of union is a relatively loose one, and evidently subordinate to that which binds the citizens of individual states, the community proper may be regarded as that group which is characterized by a relatively great degree of inner coherence and by relative external independence.

The type of such communities is, among the more primitive peoples, the tribe, and among the more developed, the state. The authority of such groups over their own members is, theoretically, paramount, although it may be suspended or abolished by the exertion of force from without.

Such a community may be said to be inspired by a social will expressed in its customs, its laws and the public opinion prevalent in it. Its members may be said to be sharers in the social will of the community. Their partic.i.p.ation in it is marked by their being endowed with rights and charged with duties.

It has not been characteristic of communities generally that all who find their place in them should be like sharers in the social will. The distinction has been made between the citizen, who enjoys the fullest rights and may, perhaps, directly take part in the government of the state, and those who, while _in_ the state, are not _of_ it, as they do not enjoy citizenship. Where slavery, in any of its forms, has prevailed, the distinction between those who are significant factors in determining the social will, and those who have not this prerogative, has been very marked. Social cla.s.ses have often enjoyed, even before the law, privileges of great moment. Women have, as a rule, not been treated as citizens, and have been refused a share in the government of the community. Children are cared for and are protected, but political rights are denied them. Their status before the law is a peculiar one. The mentally defective, both in primitive communities and in developed ones, stand in a relation to the community peculiar to themselves. They are not excluded from it; they are accorded rights; but they are a.s.signed in the community a place of their own. Wherever we look, we find inequality. The sharers in the social will do not share equally, nor do they share in the same way. This is true of communities of every description, but the differences are more marked in some than in others.

72. THE COMMUNITY AND THE DEAD.--It is not merely of the living human beings which compose a community that the social will takes cognizance.

Other wills are made partic.i.p.ants in the body of rights and duties peculiar to the community.

In many communities the dead are still counted among its members. They are conceived as affecting its welfare, and as demanding services from the living. Duties towards the dead are a well-recognized division of the sum of a man's obligations in communities the most diverse in their character. In some, they occupy a very prominent place; in no community are they wholly overlooked. A striking ill.u.s.tration of the recognition by the social will of the rights of the dead is to be found in the whole modern law of testamentary succession. The will expressed by a man while he is alive is given effect as though he were still in the flesh and insisted upon the fulfillment of his desire. It appears to work as a permanent factor in the community life, making its influence felt for generations. Witness its influence in charitable foundations, in the law of entail, and the like.

73. THE COMMUNITY AND THE SUPERNATURAL.--Nor is it merely in recognizing the wills of the dead that the social will extends its sphere beyond the community of living human beings. To primitive man, and to man far from primitive, his social environment has not seemed to be limited to the living and the dead who have, or who have had, an undeniable and unequivocal place in the community.

The part played in the life of man by supernatural beings of various orders has been a most significant one. Demons and G.o.ds, spirits of a lower or of a higher order, have occupied his mind and have influenced his actions. Such beings have been conceived to be, sometimes, malevolent and needing to be placated, sometimes, benevolent and fit objects of grat.i.tude. Their wills man has regarded as forces to be taken into account, a something to which the individual and the community must adjust themselves.

Man's relation, or supposed relation, to such beings has been a source of cla.s.ses of duties upon which great stress has been laid. The influence of this admission of supernatural beings into the circle of those directly concerned in the community life has found its expression in the organization of the state, in custom, in law, in public opinion. We know little of a community when we overlook this factor.

Between magic and religion it is not easy to draw a sharp line, especially when we view religion in the lower stages of its development.

In both we have to do with what may be called the supernatural. Magic has been defined as the employment of mechanical means to attain the desired end. In religion, when it so far develops that its specific character seems clearly revealed, we have left the sphere of the mechanical.