The author of this little book, Dr. Albert Hermann Post, a Judge of

the courts of the free city of Bremen, Germany, has made the study of

ethnological jurisprudence the scientific work of his life. His idea

and purpose are to establish a positive science of jurisprudence in

the widest and most comprehensive sense of the word, on the basis of

an investigation of all the forms of law, available to research, that

have ever appeared. A universal science of jurisprudence, according to

this conception, would have for its subject-matter the contents of the

jural sense or consciousness of the entire human race,—the jural facts

of the totality of human society. In other words, this science must

be, not only historical, but _ethnological_. It must include the jural

life not only of the civilised, but also of the uncivilised races of

mankind: it must comprehend _all_. It thus constitutes a step beyond

that great movement of the beginning of this century which gave us

the science of the history of law. It extends the latter, supplements

it, and aims to find in the juro-social existence of undeveloped and

uncivilised races the germs of legal practices and institutions that

the literary history and traditions of civilised peoples would never

supply.

The matter of the present work of Dr. Post takes up some 215 pages. It

treats of the available sources of such a universal science of law, of

the elaboration of these sources; it gives a concise and illustrative

epitome of the most important parallel phenomena met with in the

jural life of the human race,—e. g. in the departments of the Law of

Inheritance, of Property, of Marriage, etc., etc.,—and a survey of the

separate ethnic divisions of law over the whole earth.

It is a grand task—the realisation of this conception. And its

execution in its enormous magnitude is only possible through the

speedy and intelligent co-operation of scientists and travellers as

well as jurists. It will make of jurisprudence a _natural science_,

as distinguished from the _a priori_ character this study has up till

now assumed; and its prosecution will impart into the science a light

and freshness which it sadly needs. Next to theology, the science of

law is least pervaded with the spirit of modern research. And this is

eminently so in our country, where hardly the history, let alone the

ethnology of law, is studied.

We are tempted to give a much more thorough and detailed exposition of

Dr. Post's ideas. But an original article will appear from his pen in a

future number of _The Monist_, and therefore we are brief.

μκρκ.

PERIODICALS.

MIND. January, 1891. No. LXI.

CONTENTS:

ON PHYSIOLOGICAL EXPRESSION IN PSYCHOLOGY. By Prof. _A. Bain_.

APPERCEPTION AND THE MOVEMENT OF ATTENTION. By _G. F. Stout_.

HELMHOLTZ'S THEORY OF SPACE-PERCEPTION. By _J. H. Hyslop_.

THE PRINCIPLE OF INDUCTION. By _L. T. Hobhouse_.

THE UNDYING GERM-PLASM AND THE IMMORTAL SOUL. By _R. von

Lendenfeld_.

CRITICAL NOTICES: Pikler's "The Psychology of the Belief in

Objective Existence"; Ferrier's "The Croonian Lectures on

Cerebral Localisation"; Jevons's "Pure Logic and other

Minor Works"; Marshall's "Principles of Economics, I";

Mackenzie's "An Introduction to Social Philosophy"; Fouillée's

"L'Evolutionnisme des Idées-Forces"; Koenig's "Die Entwicklung

des Causalproblems."

_On Physiological Expression in Psychology._ In opposition to the

"subjective purism" in psychology advocated by Mr. Stout and Mr.

Bradley. The mixture of the psychical with the physical is such as to

prove that mental processes, however distinct from bodily processes,

have never owned even a vocabulary of their own. Pleasure and pain

are psychical states, but we cannot theorise fully upon them without

adverting to their physical causes or conditions. The action of

drugs proves that the physical constitution of the nerve-substance

is a paramount condition of our sensibility, pleasurable or painful.

By taking the organs of special sense in separation we can exhaust

the modes of sensibility under each, and when we look minutely into

the anatomy of the several organs, we obtain further helps to the

subdivision and distinction of the individual sensations. Connected

with the physics of the brain, apart from the nervous substance and

its conditions, is the important state known as excitement, with

its opposites quiescence, languor, repose, drowsiness, sleep, and

insensibility. The theory of the Will must rely, in the first instance,

upon subjective sequences, but the physical consequences of pleasure

and pain are a two-fold activity—Expression and Volition, and for

verification of any hypothesis as to priority between these two forms

of the physical outcome of feeling, the sequence must be taken on the

physical side alone. As regards the emotions, taken in themselves, the

tracing of physical concomitance is unavoidable. In Psycho-physics

the experiments are made upon the physical side, though not to the

exclusion of subjective reference. A law relating to the seat of

ideas obtained in the first instance through the senses, declares the

nervous tracts to be the same in both, thus connecting Sense with

Intellect. It has always been impossible to avoid describing ideas as

modified repetitions of sensation, and employing for that purpose the

materialism of the sense-organs. While eminently applicable to all the

phenomena of mind at their elementary stage—Sensation, Intellect,

Emotion, Will—physiological conditions cease to have the like bearing

in the higher complications. In all that part of Association that

states the order of recurrence of our ideas in Memory, subjective

investigation is paramount and exclusive. But the state described as

conscious intensity, excitement, mental concentration, attention,

interest, is expressible both subjectively and physiologically. The

constant application of spiritual remedies to bodily ailments is an

important aspect of the union of mind and body, and their interaction

in those instances is of great significance.

_Apperception and the Movement of Attention._ Thinking is action

directed towards intellectual ends. Intellectual ends are attained

by an appropriate combination of movements of attention. Attention

and apperception, as this word is applied by Steinthal, reciprocally

determine each other. The nature of attention is explained in

accordance with the monoideism of M. Ribot, but contrary to his view it

is declared to be a constant character of our mental life, although the

monoideism is not always complete. Apperception is the process by which

a mental system incorporates or tends to incorporate a new element.

The effect of attention is largely dependent on the apperception which

accompanies it, and of which it is an auxiliary process. The movement

of attention fastening upon the presentation to be apperceived, fixes

it in the focus of consciousness, until the appercipient system has

finally succeeded or failed in assimilating it. The reason why one

ideal group becomes appercipient in preference to the others lies

mainly in its greater affinity with the presentation to be apperceived.

The conditions determining the strength of apperceptive systems may

be either extrinsic or intrinsic. The extrinsic consist in passing

circumstances which from time to time favor its activity. The intrinsic

conditions are inherent in the constitution of the system itself.

Among the former are the co-operation of another system; the recovery

or the intensity of its own previous action; the influence of organic

sensation; its own freshness arising from previous repose. Of these

the organic sensation is of fundamental importance. The influence of

the cœnæsthesis pervades the whole mental life. Every specific kind of

emotion is accompanied by a characteristic mode of organic reaction.

The intrinsic conditions are the comprehensiveness of the system; its

internal organisation, of which the philosophy of Hegel is cited as an

example; the strength of the cohesion between its parts; the nature of

the sensory material which enters predominantly into its composition,

that is, the comparative excitability of ideas derived from different

senses. The normal working of competition, co-operation, and conflict,

may be illustrated by contrasting it with the pathological state

called _suggestibility_, in which those processes are more or less

completely in abeyance. The conditions which determine the train of

ideas arise from the fact that attention, being a motor process,

depends on feeling, which dependence cannot be separated from that on

apperception. Feeling gives unity to mental process, and is a simple

mode of consciousness resulting from the excitement of a multiplicity

of elements, and it causes attention to be concentrated on the central

presentation from which the wave of excitement is radiated. The

essential characteristic of a train of _thought_, as distinguished

from a mere train of ideas, is that the relation linking each idea to

its predecessor forms also a source of the interest through which it

attracts attention. The ground of the distinction is that thinking

involves the activity of a proportional system as such, that is "a

system adapted to apperceive objects in other respects most diverse

from each other, merely because they agree in being capable of entering

into certain relations." The modified working of the principle of

association through the apperceptive activity of a proportional system,

is _proportional_ or _analogical production_, which may possibly

operate in every instance of the suggestion of one idea by another.

A reversion of attention to a previous link in a chain of ideas,

giving rise to a modified repetition of it, is a distinctive feature

of _thinking_. In a separate article will be dealt with the special

part played by language, which from a psychological point of view

is "a peculiar movement of attention having a peculiar influence on

apperceptive process."

_Helmholtz's Theory of Space-Perception._ The doctrine of "unconscious

inference" is explicitly founded upon the general theory of knowledge

formed by Helmholtz, which is identical with that of Kant, and

Helmholtz's investigation into the genesis of space-perception applied

to the problem which Kant did not consider, namely, the perception

of particular or concrete spaces. The distinction made by the former

between the inference from the data of sense and that in which the

data are consciously known to be signs, by calling the inductive

inferences of the sciences _conscious_, and those involved in external

perception of world _unconscious_, is open to the charge of involving a

contradiction. On the one hand, the theory of "unconscious inference"

supports the empirical doctrine of perception only in consequence

of calling the process an inference. On the other hand, to call the

process "unconscious" is to restore the conception of immediacy which

the idea of inference is supposed to exclude. This contradiction may

not be insisted on, but, as the phenomena of binocular adjustment

discussed in a previous article showed in the visual consciousness a

_quale_ which, with or without its relation to tactual and muscular

extension, was other than plane dimension, Helmholtz must, unless

this _quale_ can be proved to be result of inference, limit the

application of his theory to the synthetic connection between touch

and sight. _Parallax of motion_, which consists of the different

afferent movements or velocities of bodies in horizontal meridians,

and situated at different distances from the observer, seems to do

the same for monocular vision that adjustment and fusion do for

binocular vision. The phenomena attending certain experiments in

which the parallax of motion was observed "correspond exactly to

the conception of those who hold that the representative of plane

dimension in the retinal image decides the nature of all perceptions

whose character is not presented in the image except as a visual

sign, and hence that aught beyond magnitude must be the result of

influence." An examination of Helmholtz's fundamental principle,

"the denial of all pre-established harmony between the nature of

impressions and the nature of the external world," confirms the view

that the conception of space may be properly a visual one, requiring

the superior constancy of touch to correct illusions growing out of the

complexities of vision. If we limit visual phenomena as data to mere

variations of kind and distinctness in color, we cannot account for

such cases as the appearance and inversion of mathematical perspective,

binocular localisation and translocation, and the distinct effect of

the monocular parallax of motion, qualities which are dimensional in

their nature. "While the complexities of space-perception make the

co-operation of inferential agencies very probable, yet the spacial

quality must be originally given somewhere in consciousness either

as an object of perception or as a mental construction, in order to

furnish a basis for inferences to its existence or its relations where

they are not immediately cognised. This makes the developed conceptions

of abstract and synthetic space a complex of inferences and intuitions."

_The Principle of Induction._ The ultimate major premiss of Induction

according to Mill is the Law of Causation which, as he treats it, is

a wide generalisation true of sequences just as other generalisations

are true of the facts of space. Hence it is itself an induction like

other inductions. What is wanted is "an axiom expressing in general

terms what we do when we make a particular statement universal, which

makes explicit the truth implied by the making of any generalisation

whatever." The Law of Causation will be found to be a particular

application of this wider axiom, and the axiom itself must be sought

from the analysis of ordinary simple generalisations. When we connect

truths together, or reason, we _support_ an inferred judgment by some

other assertion. That we should be able to reason at all involves that

any fact, as _B_, should have some other fact, as _C_, to which it

is always related; that is, "any fact precisely resembling this _B_,

whatever its other attributes and concomitants may be, will be found in

a precisely similar relation to a precisely similar _C_." A relation

exists between two facts whenever the mind can at once distinguish the

facts as two, and at the same time attend to them together and assert

something of them considered together. We may speak of a relation

between different aspects of the same existing thing. The three

alternatives afforded by the axiom as ultimately stated correspond to

the three cases in which _A_ is the "sum of the conditions of _B_," or

in any way a universal correlate of _B_; in which it is the cause of

_B_ in the popular sense of the term; and in which its connection with

_B_ is merely 'causal,' that is, "the Law of Causation is the Axiom

of Reasoning as applied to the sequences of phenomena." Every fact

observed stands in universal relation to some other fact. The judgment

of that relation "is implied in the rudimentary inference which states

only the particular fact observed and the particular fact now expected.

It is explicit in the reason that is conscious of its own grounds and

methods, and takes there the form of the universal judgment, or major

premiss."

_The Undying Germ-Plasm and the Immortal Soul._ All unicellular beings

such as the Protozoa and the simpler Algæ, Fungi, etc., reproduce

themselves by means of simple fission, and consequently they are

immortal. All the single individuals of a family of unicellular beings

belong to each other, although they be isolated. Amongst certain

infusoria they do, in fact, remain together and build up branching

colonies. Later on, division of labor made its appearance and increased

the dependence of the individuals upon one another, so that their

individuality was to a great extent lost. By the development of this

process, multicellular Metazoa arose from colonies of similar Protozoa,

and at length culminated in the higher animals and man. All the

cell-series are immortal, but they all must die because the structure

which is built up by them collectively is mortal. The reproductive

cells are the only kind adapted for existence outside the body, and

from time to time some of the human reproductive cells succeed in

conjugating, and from them a new individual arises. The whole structure

of man is acquired with the one object in view of maintaining the

series of reproductive cells, of which he is, so to speak, the slave.

They are the most important and essential and also the undying parts

of the organism. The series of reproductive cells thus possess the

essential attributes of the human soul. If we compare the conception

of the soul as held by various related religions, and take the

characteristics invariably ascribed to the soul, we find that they hold

also for the series of reproductive cells continually developing within

the body. The ordinary conception of the fate of the soul after death

agrees fundamentally with the result of observation on the prosperity

of the series of germ-cells. That fate depends on conduct in the body,

and the only possible definition of a good deed, that is approved by

conscience, is one which will benefit the series of germ-cells arising

from one individual, that is ourselves and our family, and further

which will be of use to others with their own series of germ-cells, and

that in proportion to the degree of connection or relationship. Thus,

"the apparently enigmatical conception of the eternal soul is founded

on the actual immortality and continuity of the germ-plasma." (London:

Williams & Norgate.)

INTERNATIONAL JOURNAL OF ETHICS. January, 1891. Vol. I. No. 2.

CONTENTS:

THE RIGHTS OF MINORITIES. By _D. G. Ritchie_.

A NEW STUDY OF PSYCHOLOGY. By _Prof. Josiah Royce_.

THE INNER LIFE IN RELATION TO MORALITY. By _J. H. Muirhead_.

MORAL THEORY AND PRACTICE. By _Prof. John Dewey_.

MORALS IN HISTORY. By _Prof. Fr. Jodl_.

THE ETHICS OF DOUBT—CARDINAL NEWMAN. By _W. L. Sheldon_.

THE ETHICS OF SOCIALISM. Steinthal—The Social Utopia;

Paulsen—Socialism and Social Reform. By _Prof. Franklin H.

Giddings_.

ETHICAL AND KINDRED SOCIETIES IN GREAT BRITAIN. By _Mrs. M.

McCallum_.

_A New Study of Psychology._ There are three fairly distinct types

of treatment in text-books of psychology. The first type, is the

science of the "mind" considered as an entity, of whose nature we

might otherwise know much or little, but of which we at all events

knew that it had a certain substantial unity. This was supplemented,

or succeeded, by the theory of the 'ideas,' and their 'associations.'

A third method confines its investigations to the facts and laws of

the nervous system, with only such use of introspection as was found

absolutely indispensable. Professor James, in his "Principles of

Psychology," does not accept primarily any one of these views. The

unit he adopts in mental analysis might be defined as "so much of the

mental process as may be supposed to run parallel to a relatively

simple nervous function in the cortex of the living brain, in so

far as this cortex functions with a certain unity." Professor James

rejects the unconscious in every form, and above all the unconscious

mind-atom. He says, "the special natural science of psychology must

stop with the mere functional formula. If the passing be the directly

verifiable existent, which no school has hitherto doubted it to be,

then that thought is itself the thinker, and psychology need not look

beyond." This life of passing thoughts needs only the fundamental

hypothesis that the moments as they pass really know one another, that

the present is actually acquainted with the past, in order to give as

a resultant of the whole life such unity as we need for purposes of

psychological science. In relation to volition and freedom, Professor

James holds that the idea of the end tends more and more to make itself

all-sufficient, and that "motives," so-called, are "ideas of ends"

which owing to their conflict, are unable to pass over into acts so

long as they remain mere motives. The experience of deciding a conflict

of motives is "the experience of the triumph of one idea of the end

over other ideas." The act of voluntary decision is experienced as an

act of "conscious attention to an idea," and nothing else. Volition is

primarily a relation, "not between ourself and extra-mental matter,

but between ourself and our own states of mind." Professor James's

own belief is that the question of freewill is insolvable on strictly

psychological grounds, although on ethical grounds he ascribes to the

alternative of freedom. In relation to the question of pleasure and

pain as motives, he points out that the 'idea-motor' acts, even on

a very high plane, express the presence of the 'idea of an end,' and

this end may itself be very painful, yet it tends to carry itself out.

It wins because we attend to it, and whether or no attention is free,

certain it is that attention often rather determines pleasure and

pain themselves, than is determined by them. In conclusion Professor

Royce says in relation to Professor James's book: "His 'passing

moments,' which can 'know' and which can freely 'attend,' which

are 'self-related,' and which have 'unity,' and which are still so

intimately bound to the 'neural process,' have just the paradoxical and

hypothetical character which requires one, in one's philosophy, to go

beyond them, and to declare them but illusory expressions in phenomenal

form of an infinitely deeper truth."

The Monist, Vol. 1, 1890-1891 · 第 45 / 64 段