SECTION V. CONCEPT OF LAW.

Our general ideas, from those immediately bordering on the concrete

to those which attain pure symbolism, constitute a hierarchy of

ever-increasing simplicity. What value must be assigned to this

thinking by concepts, in proportion as it ascends higher in the scale?

We are all familiar with the debates upon this question, bearing, as

it does, fundamentally upon the _objective_ value of abstraction and

generalisation. Psychology, as the science of facts, is able to ignore

this point, since it is concerned only with the nature of the two

intellectual processes, their variations, and adaptations to multiple

cases. Still, it is reasonable enough that it should assume a position,

at any rate provisionally, and for convenience of discussion.

To recall only the two extreme opinions: On the one side we have

those who maintain that the particular alone exists—for event or

individual—that our general ideas are but a means of maintaining order,

while they teach us nothing as to the nature of things. They are

comparable to a catalogue, or to the card-index of a library which are an

easy indicator to the millions of books, leaving us totally ignorant as

to their contents and value. Hence, the higher we ascend, the farther we

penetrate into the region of the fictitious and the vacant.

On the other hand, there are those who assert that nature has general and

fixed characteristics; in discovering them, we penetrate into the essence

of things. Events and individuals have but a borrowed existence; under

their fleeting appearances, we must seek the enduring; and thus, the

greater the generalisation, the higher we rise in reality and in dignity.

The psychologist can only take up the position of relativity. To him,

general ideas are approximations: they have an objective value, but it is

provisional and momentary, dependent on the variability of phenomena and

on the state of our knowledge.

On the one hand, the similarities that are the substrata of

generalisation are not fictitious. Since, moreover, knowledge of the

laws of nature has a practical value, by enabling us to act upon things,

and since we fail, in ignorance of them,—we are fain, objections

notwithstanding, to attribute to them at least a certain measure of

objective value.

On the other, if there is evolution in nature, there must also be

evolution in our ideas, and the pretension to laws or types that are

fixed unalterably, becomes chimerical. There is no longer the sharp

distinction, as formerly admitted, between “essential” and “accidental,”

i. e., permanent and variable characters. The Primary epoch of our globe

may have obeyed laws which no longer hold for our Quaternary age: all

changes in the course of development. We shall return to this point in

the concluding section.

Without insisting further upon a debate that is of secondary interest

for the psychologist, we may remark that three principal periods can be

distinguished in the development of the Concept of Law: viz., the periods

of generic images, of concrete or empirical laws, and of theoretical or

ideal laws.

It is useless to study the first phase in detail, since it interests

us only as an embryonic form, a germ, or essay. It consists in the

mechanical conception of regularity for a very restricted number of

events. Resulting from the constant or frequent repetition of certain

cycles (the course of the sun, moon, seasons, etc.) it is organised in

the mind by a process of semi-passive assimilation, that of generic

images. Many men have had, and still have, only this shadow, this

simulacrum of law, resting upon pure association, upon practical habit,

upon the unreflecting expectation of an often-perceived recurrence.

Humble as it is, this notion was nevertheless useful in the education of

humanity, for it checked the exuberant tendency of the imagination to

people the world with capricious causes, obedient to no law. It prevented

the establishment of a rule of universal contingency; it was the first

affirmation of a faith in regular order. The progress of reflexion, and

methodical research, have done the rest.

We owe to Wundt (_Philosophische Studien_, 1886, III., p. 195 et seq.) an

observation of great interest to any one concerned in the development of

the idea of law. To-day this word is current in all the sciences; indeed

its most rigorous acceptance is in mathematics and chemical physics.

This was not always the case. In antiquity, the word was employed

almost exclusively in a social, juristic, moral sense. The concept of

natural law, regarded as a sort of order, a police-force, was only very

slowly formed and established. Copernicus and Kepler employed the word

“hypothesis.” Galileo calls the fundamental laws of nature “axioms,” and

those derived from them “theorems,” following the terminology of the

mathematicians. Descartes begins his Philosophy of Nature by laying down

certain _Regulæ sive leges naturales_. Newton says: _Axiomata sive leges

motus_. The extension of the word law is due apparently to the need of

establishing a clear distinction between the purely abstract axioms of

mathematics, and the principles to which we attribute an objective value,

an existence in nature. Montesquieu’s celebrated definition, “Laws are

the necessary relations derived from the nature of things,” exhibits

this concept in its highest degree of generalisation. We may note, in

passing, that in the enquiry referred to above (ch. IV.), nearly all the

answers indicate that images of the social juristic order were evoked,

although the scientific acceptance of the word was perfectly familiar to

a large number of the subjects: showing that the primitive signification

preponderates in the vulgar conscience.

In another article, entitled _Wer ist der Gesetzgeber der Naturgesetze?_

(_loc. cit._, pp. 493 et seq.), the same author maintains an opinion,

which, notwithstanding its paradoxical appearance, seems to me perfectly

valid. Descartes called the laws of nature “rules,” inasmuch as they

explain phenomena to us; “laws,” inasmuch as God constituted them _ab

initio_ as properties of matter. At a later period, nature takes the

place of God, which is still the survival of a pantheistic conception

of the world. Still later, the preponderating tendency is to call laws

by the names of their inventors: Mariotte, Gay-Lussac, Dulong and

Petit, Avogadro, Ohm, Weber, etc. “In the seventeenth century it was

God who established the laws of nature; in the eighteenth it was Nature

herself; in the nineteenth it is the affair of the scientists.” This

thesis agrees with what was said above, of the approximate character of

laws, of the mixture of objective and subjective elements that obtain in

their formulæ, and it is no paradox to assert that the state of mind of

a Mariotte, a Gay-Lussac, a Weber, etc., when they discover their law,

represents this approximation at a given moment.

I. Empirical laws correspond, broadly speaking, with the intermediate

forms of abstraction and of generalisation. They consist in the reduction

of a large number of facts to a single formula, but without any rational

explanation. In the course of events we discover a constant relation of

co-existence or of succession between two or several facts; we mentally

detach this regular relation from the total which includes it, and extend

it to other cases. Constancy is not even necessary for empirical laws,

frequency suffices: at least one often has to be content with it. These

laws abound in the half-sciences, and in embryo science: they are useful,

they give order and simplification.

Their first characteristic is that they are identical with fact. Laws

and facts are only two aspects of the same thing. To pass from facts to

their empirical law, is merely replacing simple and homogeneous cognition

by abstraction, multiple and heterogeneous cognition by perception.

Hence the empirical law is rightly compared to a general fact, and it

is legitimate in psychology to say the law of association or the general

fact of association. On the other hand (in virtue of the natural tendency

to anthropomorphism) vulgarisms such as “laws govern facts,” and the

like, encourage in many minds the illusion of an ideal world of law

superposed upon the world of facts, external to experience, and acting

upon it like a government.

A second characteristic, which though frequent is not universal, is

complexity. Necessarily objective, since it is a simple notation of

observed facts, the empirical law does not always succeed in embracing

the results of abstraction in one short and simple formula. Sometimes

it does so; sometimes it is confronted with a multiplicity that cannot

be reduced to a single proportion; in many cases it has to distribute

itself, and resignedly to employ a long formula. Ex.: in physiology,

Pflüger’s law (or the laws of reflexes), in linguistics, the laws

of Grimm, etc. Here there is a summary description, reduced to the

principal facts. It often has to cover a great number of details, as in

Listing’s law (of the rotation of the ocular globe). Plenty of examples

are to be found in the sciences that are in process of formation, and

ill-constituted: psychology,[128] ethics, sociology, etc. Empirical

law could only be further simplified by changing its nature, namely by

transforming it into theoretical law.

Empirical law is thus the type of law that is immanent, contained in the

facts, invoking their representation directly and indirectly by means of

intermediate abstraction, involving ascending degrees of abstraction,

that, at their highest level, bring it insensibly very near to ideal law.

II. Theoretical, or ideal, law corresponds with the higher forms of

abstraction. It exhibits increasingly approximative constructions of

the mind, in proportion as these ascend, and are farther removed from

experience. Empirical laws are the material whence they are derived, and

the transformation is accomplished at the moment, and in the degree, in

which description gives place to explanation. To minds accustomed to the

discipline of the strict sciences, this conception of law alone is valid,

and they are prone to treat with disdain or defiance the formulæ that are

a simple summing-up of the results of experience, judging them unworthy

of the name of laws. To the psychologist, the position is quite other:

empirical concept and theoretical concept are two forms, two aspects of

the same intellectual process: there is no constitutional difference

between them. Nevertheless, in its higher form, the concept of law has

its proper and special characteristics which must be noted.

1. Simplicity, as contrasted with the complexity of empirical laws; this

is the necessary corollary of the operation that gives rise to it, since

it is an abstraction of abstractions, the final result of a long series

of eliminations. Compare with the long, vague, entangled formulæ, charged

with details, of which examples were given above, the enunciation of the

higher laws, which are usually short and invariably precise. And, it may

be added, invariably lucid, at least to the scientist who is in the habit

of dealing with them, because he knows exactly what they cover. In this

connexion a saying of D’Alembert deserves to be recalled and considered,

because it discloses, better than any commentary, the psychology of

abstract minds: “The most abstract notions, such as the majority of

mankind regard as the most inaccessible, are often those which carry with

them the greatest elucidating power: our ideas seem to be blotted out by

obscurity in proportion as, in any object, we examine into its sensible

properties.”

2. Quantitative determination. The higher laws alone can assume a

numerical form, and it is a truism to say that the perfection of any

science is measured by the quantity of mathematics which it involves.

Not that mathematical formulæ imply or confer any magical virtue, but

they are the sign of reduction to clear and simple relations, and are

frequently an instrument of further progress. It is true that in the

domain of empirical law, there are many processes which attempt to

imitate quantitative determination: graphic records, curves, statistics,

percentages, etc. Yet these are often a very poor substitute for the

equation, or worse—for they offer an illusory preciseness, and are

fallacious.

3. It is well to insist upon the ideal character of these laws, because

one is apt to forget that, in virtue of their very abstraction, they can

be approximate only; and can but be applied, and reduced from theory

to practice, by means of rectifications and additions. It has been said

that “physical laws are general truths that are invariably more or less

falsified for each particular case.” All scientific men, and there are

many, who have reflected on the subject, bring out this character of

approximation.[129]

Thus—it is not absolutely true that a movement is uniform and

rectilinear. The theoretic law of the oscillation of a pendulum is

unrealisable, because there is no non-resisting medium, no totally rigid

and inextensible bar, no suspending apparatus capable of turning without

friction. A planet could only describe an exact ellipse if it alone were

turning round the sun: but as, in point of fact, there are several which

act and react upon one another, Kepler’s law remains ideal. It is known

by very accurate researches that Mariotte’s law of the relations between

the density of a gas, and the pressure which it bears, is not strictly

accurate for either; but the differences between theory and reality are

so slight that, in ordinary cases, they are negligible. The laws of

thermodynamics (conservation of energy, correlation of forces) which are

so much used in the present day because of their character of generality,

and are held by some to be the ultimate principle of phenomena, have

no absolute value. It is not, e. g., correct to say that all change

generates a change which can be re-transformed without loss or addition.

The first moment of enthusiasm passed, there was no lack of criticism and

of reservation on this point. And so in other instances, _ad infinitum_.

In brief, the concept of law, whenever it is more than a vague term in

the mind, corresponds either to a direct condensation of facts (empirical

laws), or to an ideal simplification (theoretical laws); but, imperfect

or perfect, the mental process is the same in the two cases. They differ

only in the degree of simplification attainable by analysis for any

given material or datum. If empirical law, which is in strict relation

with experience, has not been idolised, this distinction and misfortune

has frequently befallen the other categories. It has been forgotten

that, in the sciences as in the arts, the ideal is only an ideal,

although it is here attained by different means, viz., elimination,

voluntary omission for the sake of preciseness, a more or less artificial

reduction to unity. Consequently many have fallen into the strange

illusion of believing that, in manipulating experience by the labor of an

ever-growing abstraction, the absolute can be brought out.[130]

The evolution of general ideas · 第 5 / 6 章