CHAPTER II.

SOCIOLOGICAL COMPARED WITH PHILOSOPHICAL THEORY.

1. There is no doubt that Sociology and Social Philosophy have

started, historically speaking, from different points of view. The

object of the present chapter is to ascertain the nature and estimate

the importance and probable permanence of the difference between

them. I propose first to explain the difference in general; then to

review the sources of social experience, which in other words are

facets or aspects of social life, by which social theory has been

influenced, and with which it has to deal; and, finally, to form some

idea of the distinctive services which may be rendered by sociology

and social philosophy respectively in view of the range of experience

which it is the function of social theory to organize.

Beginning with Vico’s [1] _New Science_, there has been more than one

attempt in modern Europe to inaugurate the Science of Society as a

new departure. But the distinctive and modern spirit of what is known

as Sociology, and under that {18} name has had a continuous growth

of half a century at least, first found unmistakable expression in

Auguste Comte. The conception which he impressed upon the science to

which he first gave the name of sociology or social physics, was a

characteristically modern conception. Its essence was the inclusion

of human society among the objects of natural science; its watchwords

were law and cause in the sense in which alone Positivism allowed

causes to be thought of--and scientific prediction. [2] It is true

that the large conception of unity which Comte embodied in his

philosophy had very much in common with the principles insisted on

by the Greek social philosophers. The close interdependence of all

social phenomena among each other, the unity of man with nature, and

the consequent correlation of moral and political theory with the

organised hierarchy of mathematical and physical sciences, are ideas

which Comte might have borrowed directly from Plato and Aristotle.

Nevertheless the modern starting-point is wholly different from that

of antiquity. The modern enquirer--the sociologist as such--was

to ask himself, according to Comte, in the language of physical

science, what are the laws and causes operative among aggregations

of human beings, and what are their predictable effects? The ancient

philosopher--the ethical and metaphysical theorist--had before

him primarily the problem, “what is the completest and most real

life of the human soul?” The work of the latter has been revived

by modern idealist philosophy dating from Rousseau and Hegel, and

finding a second {19} home in Great Britain, as that of the former

has developed itself within the peculiar limits and traditions of

sociological research, flourishing more especially upon French and

American soil. The continuance of these two streams of thought in

independent courses, though not without signs of convergence, is a

remarkable phenomenon of nineteenth century culture; and it will be

one of the problems which the present chapter, and in a larger sense

the whole of the present work, must deal with, to consider how far it

is necessary or desirable that they should blend.

[1] J. D. Rogers in Palgrave’s _Dict. of Pol. Econ._, art. “Social

Science.”

[2] See Gidding’s _Sociology_, p. 6.

2. Every science, no doubt, is to some extent, the playground

of analogies; but the complexity and the unmateriality of human

relations has forced this character upon social theory in an

extraordinary degree. It is impossible to account for the tendencies

of sociological as well as of philosophical thought without making

some attempt to pursue the line of investigation suggested by Mr.

Bagehot in his _Physics and Politics_. Predominant modes and types of

experience necessarily colour the whole activity of the mind, and, as

indicated above, this influence more especially affects a province of

research which is not _prima facie_ accessible to direct experiment

or sensuous observation. I must, therefore, endeavour to review, in

a brief outline, the principal branches of experience which have

furnished ideas for application to social theory, and to indicate

the leanings in speculation upon society, which have been due to

preoccupation with one or another special analogy.

i. The Newtonian theory of gravitation is the entrance gate to the

modern world of science. {20} “When the Newton of this subject

shall be seated in his place” [1] is the aspiration of the modern

investigator in every matter capable of being known. It is not

surprising, therefore, that the inclusion of human society within

the range of matters capable of being definitely understood, should

have been symbolized by demanding for social science a completeness

of explanation and a power of prediction analogous to those displayed

by astronomy or by mathematical physics. Representative of this

conception is the title, Social Physics--for Comte the alternative

and equivalent to the name Sociology. It is easy to see both the

merits and the dangers of such an ideal, which, as the embodiment

of perfection in a natural science, is presupposed by the attitude

of sociology down to the present day. Is a science necessarily a

natural science, and is a natural science necessarily an exact

science?--these are the fundamental questions involved in the

adoption of a mathematical ideal for the study of society. No fault

can be found with it on the ground of its implying the highest degree

of harmony and precision; the only question is whether an adequate

type of comparison is afforded for, let us say, the growth of an

institution, by the law of a curve. The general conception, indeed,

of a continuity between human relations and the laws of the cosmic

order is thoroughly in the spirit of Plato, and betokens a scientific

enthusiasm worthy to be the parent of great things. And especially

in the sphere of economic science, where certain relatively simple

hypotheses have proved on the whole to be effective instruments {21}

of explanation, an analysis of intricate phenomena has been effected,

which in some degree justifies the aspiration after the ideal of an

exact science.

[1] De Morgan, _Budget of Paradoxes_, p. 355.

ii. But it has been recognised from the earliest days of political

speculation that, within the general ideal of a perfect natural

science, the more special analogy of the living organism had a

peculiar bearing upon social phenomena. Beginning in the ancient

world with the comparison between individuals as “members” of a

social whole, and the parts or organs of a living body, or even the

constituent elements of a mind, this analogy has been extended and

reinforced in modern times by what amounts to the new creation of

the biological and anthropological sciences. The sense of continuity

thus intensified and implying all that is understood by the modern

term evolution, has brought an immense material of suggestions to

sociological research, but has imposed upon it at the same time a

characteristic bias from which it is just, perhaps, beginning to

shake itself free. This characteristic may be roughly stated as the

explanation of the higher, by which I mean the more distinctly human

phenomena, by the lower, or those more readily observed, or inferred,

among savage nations, or in the animal world. Any one familiar with

logic will be aware that there is a subtle and natural prejudice

which tends to strengthen such a bias by claiming a higher degree of

reality for that which, as coming earlier in temporal succession,

I presents itself in the light of what is called a I “cause.” So

strong has been this bias among sociologists, that the student,

primarily interested in the features and achievements of civilised

society, is {22} tempted to say in his haste that the sociologist [1]

as such seldom deals seriously with true social phenomena at all;

but devotes his main attention to primitive man and to the lower

animals, occasionally illustrating his studies in these regions by

allusions, showing no great insight or mastery, to the facts of

civilized society. Such a complaint becomes less and less justified

as the years go by, and sociology recovers its balance as against the

overwhelming influence of the sciences of lower life. How far the

approach from this “lower” or more purely natural side will remain in

the end characteristic of sociological science, is an integral part

of the main problem concerning its nature and destiny with which we

have to deal in the present work. But it remains true to say and very

important to observe, that no such serious successes have as yet been

won in the name and by the special methods of sociology as have been

achieved by many investigators approaching their problems directly

and with an immediate interest; whether in the sphere of political

economy proper, or in dealing with various questions of social

and ethical importance, such as pauperism, charity, sanitation,

education, the condition of the people, the comparative study of

politics, or the analysis of material and geographical conditions in

their reaction upon social and artistic development.

[1] By a “sociologist as such” I mean a writer who is professedly

dealing with sociology as such. Any independent researches, such as

Mr. and Mrs. Webb’s _Industrial Democracy_, may of course be ranked

under the heading “Sociology.” But works of this kind do not, as

a rule, attach themselves to the peculiar method and language of

sociological writers.

On the other hand, there is no doubt that the {23} epoch and

influence of which we speak has bequeathed a legacy of imperishable

value to the theory of society. In a word, it has made us sensitive

to the continuity of things, and therefore also to their unity. It

has shown us the crowning achievements of the human race, their

States, their Religion, their Fine Art, and their Science, as the

high-water mark of tendencies that have their beginnings far back

in the primitive organic world, and in their original sources have

also a connection with each other--as in the practical aspects

of religion,--which too easily escapes notice in their highest

individual development. The “return to nature” and the “noble savage”

have been invested with a significance which can never be forgotten,

and which criticism can never set aside. This is the sum and

substance of the general contribution which the latter half of the

eighteenth century and the greater part of the nineteenth have made

to sociology through the science of life and of man.

More particularly, it is necessary to notice the double operation of

biological influence on sociology, according to the unit from which

the analogy is drawn.

a. The idea which still bulks most largely in the popular mind, as

contributed by biology to social theory, is unquestionably that of

the struggle for life or the survival of the fittest. It should be

noticed that the social application of this analogy rests entirely

on the comparison of a human society, not to the individual animal

organism, and still less to the individual mind; but to a whole

animal species or even to the aggregate of all animal species, so

far as they or their members are in competition with one another.

One whole side of the sociological {24} doctrine, which Mr. Spencer

has advocated with unwearied persistence, is founded upon this

application of the biological analogy, and the paradox which he

has made his principle professes to be borrowed directly from the

dealings of nature with the individuals of the animal species. This

paradox, that benefits should be assigned inversely as services

in infancy but directly as services among adults, is his ultimate

sociological basis; the modification of which, to suit human society,

by the introduction of benevolence or altruism, so to speak, on the

top of it, only serves to display its inadequacy. But we may take it

that the analogy of the struggle for life has made it clear that, in

any given position, life can be maintained only in virtue of definite

qualities adapted to that position. And formal as this principle is

when taken by itself, its application in human society can never be

unnecessary.

b. A more recent school has insisted on the complementary analogy,

which might be taken as resting upon the comparison of a society

with an individual organism. Here, it must be remembered, lay the

resemblance which, in this region of ideas, first caught the eye

of social philosophers in antiquity. But it is alleged that the

aspect of co-operation can be traced as between individual members

of the animal world no less than between the parts of a single

organism, and it is affirmed that the view which sees nothing but

internecine competition in the animal kingdom has been too rough and

too superficial in its reading of the facts. And therefore it is

suggested that the phenomena of social fellowship, no less than those

of individual competition, have their source {25} and root in the

world of lower nature; and perhaps sociology is now not far from the

recognition that competition and co-operation are simply the negative

and positive aspect of the same general fact--the fact of the

division of labour, of essentiality of function, and of uniqueness

of true individual service. If it is suggested by the one organic

analogy that life depends upon qualities adequate to the position

which is to be filled, it is made obvious by the other that the

qualities which satisfy the claims of a certain position are those,

in general and in principle, by which a function is discharged in the

service of the whole.

In Mr. Spencer’s doctrine the two sides above indicated have been

brought into very marked relation by a suggestive criticism, [1]

which he has taken special pains to answer. If human society

corresponds to an individual organism--as is, in many ways, Mr.

Spencer’s well-known doctrine--how is it that the absolute central

control in which the perfection of an organism consists is, for Mr.

Spencer, a note of imperfection when it appears in a human society?

And the answer is in effect that human society corresponds in many

of its features rather to a local variety of a species than to an

individual organism. It is essentially discrete, not individual, and

at this point, therefore, the analogy of the individual organism

gives way to that of the group or species.

[1] _Sociology_, i. 586.

But Mr. Spencer does not really mean that a human society has

no more intrinsic bond between its members than the local group

of an animal species. To indicate its true nature he {26} gives

us a good word--but a word only--the word “super-organic.” [1]

It is a significant term, and brings us perhaps to the limit of

what biological sociology is able to suggest with regard to the

unity of a human commonwealth, and points us to something beyond.

It is remarkable that when the facts of true human society are

more thoroughly realised than by Mr. Spencer, but the clue of the

individual organism and the co-operative side of animal life is not

followed up, there is a tendency to sever the links which unite man

to “lower” nature, and to represent the ethical and cosmic processes

as absolutely opposed. We see this point of view decidedly adopted

by Mr. Huxley, [2] and its adoption perhaps indicates the inception

of an epoch in which sociology will cut itself free from a good deal

of pseudo-scientific lumber. Nevertheless, a patient and careful

study will continue to recognise the elements both of competition

and of co-operation as ineradicable and inseparable moments in

human society as in the animal world; the essential meaning of

competition in its higher forms being the rejection and suppression

of members who are unable to meet the ever advancing demand for

co-operative character and capacity; and the study of parasitism

[3] and of regressive selection will continue to {27} be a warning

against the attempt to emancipate mankind from the sterner general

conditions of the cosmic order. It will be recognised that there

is an adaptation to conditions which consists in degradation; but

the failure will be understood by comparison with the only true

“survival of the fittest,” [4] being that which reveals the full

unity and significance of organism and environment. It is important

to observe that, at least in the two eminent biologists just alluded

to, the doctrine of the individual self--of the relation between

self-assertion and self-restraint--is altogether of an uncivilised

and anti-social type. Biological categories do not, in their case

at least, appear to have afforded any suggestion for the treatment

of the social self as more and greater, in a positive sense, than

the self which is less bound up with social obligations. As for the

denying spirits in Plato’s _Republic_, so for both Mr. Spencer and

Mr. Huxley, “nature” is essentially self-assertion, and “society”

self-restraint. [5] Here again we touch the same limitation which

met us in Mr. Spencer’s term “super-organic,” and we feel that a

different point of view must be brought to bear.

[1] _Sociology_, vol. I., ch. i.

[2] _Evolution and Ethics_, p. 82.

[3] Geddes, in _Encyclo. Brit_., vol. xviii. 253a: “Further details

of the process of retrograde metamorphosis and of the enormously

important phenomena of degeneration cannot here be attempted; it must

suffice if the general dependence of such changes upon simplification

of environment--freedom from danger, abundant alimentation and

complete repose, etc. (in short, the conditions commonly considered

those of complete material well-being)--has been rendered clearer.”

[4] Cf. _Sutherland, Origin and Growth of the Moral Instinct_, vol.

I., pp. 28, 29.

[5] Huxley, _Evolution and Ethics_, p. 31; Spencer, _Man v. State_,

p. 98.

iii. Political Economy existed before modern Sociology was born, and

is still the only part of it which is obviously and indisputably

successful as a science of explanation. The triumphant development

of this theory reacted even upon Hegel’s political philosophy, by

suggesting to him the distinction between “Bourgeois Society” and

“The {28} State.” _A fortiori_, it could not but have a serious

influence on the growing science of sociology itself, the ideal of

which might not unfairly be regarded as the extension to society as

a whole of that type of investigation which had proved so successful

in economic matter. From this influence has arisen the tendency

in sociological research which has been called by the name of the

economic or materialist view of history and consequently of society.

Primarily connected with the name of Marx, it may also be illustrated

by many contentions of Buckle and Le Play, and has become, indeed,

the formula of a school. In sum, the point of view amounts to this:

that the fundamental structure of civilisation, the type of the

family, for example, and the order relations and development of

classes in society, have been and must be determined by the primary

necessities of human existence, and the conditions of climate and

nutrition under which these necessities are met. Economic facts

alone, it is suggested, are real and causal; everything else is an

appearance and an effect.

Before saying a word as to the true importance of this point of

view, we may profitably correct the commonplace idea of its nature.

Materialism, in a strict philosophical sense, means the conviction

that nothing is real but that which is solid, or, perhaps, which

gravitates. By a not very convincing analogy from this idea, all

those passions and necessities which we speak of in a quite loose and

popular way as connected with the body, may be and often are regarded

as “material” in opposition to energies which it seems pleasanter

{29} to ascribe to incorporeal mind. But it should be noted that

this secondary usage, especially in a time when no one denies the

physical correlation of all psychical activity, has no important

ethical implication. Like the “flesh” or the “body” of St. Paul’s

religious language, the “bodily” or “material” needs and appetites

of man are an element of mind, the rank and value of which must be

determined on other grounds than the notion that they are connected

in some peculiar degree with “physical” conditions. The economic

view of history has been called and has called itself materialist

partly because of the commonplace usage, which I have just described,

by which certain passions and necessities, which it takes to be

fundamental, are apt to be called material as opposed to ethical or

ideal--a wholly unjustified opposition--and partly from the notion,

which I referred to at the beginning of this chapter, that the

success of political economy was in some way analogous to that of the

mathematical science of abstract matter.

Stripping off, then, the unjustified suggestion of philosophical

materialism, [1] what we have in the economic view of history,

amounts pretty much to what is expressed in the saying that while

statesmen are arguing, love and hunger are governing mankind. Climate

and natural resources make a {30} difference to history; occupations

determine the type of the family; an agricultural and an industrial

society will never exhibit the same relations between classes, and

very vast commercial operations cannot be carried on by the same

methods or by the same minds which sufficed for the retail trade of

a petty shop. But when it is clearly seen that economic needs and

devices are no detached, nor, so to speak, absolutely antecedent

department of human life [2]--a fact which the epithet “materialist”

has done something to obscure, for, in truth, in economics there is

no question of genuine material causation--then it becomes obvious

that we have not here any prior determining framework of social

existence, but simply certain important aspects of the operations

of the human mind, rather narrowly regarded in their isolation from

all others. If we seriously consider the import of such an economic

conception as the “standard of life,” it becomes plain that the

contrast too commonly accepted [3] between the mechanical pressure

of economic facts and the influence of ideas [4] stands in need of a

completely fresh criticism and of entire restatement. Discounting,

however, the exaggerations which have arisen from confused notions of

materialism, and from the genuine achievements of economic science,

we have remaining, in the point of view under consideration, a

thoroughly just assertion of man’s continuity with {31} the world

around him. Undoubtedly man lives the life of his planet, his

climate, and his locality, and is the utterance, so to speak, of the

conditions under which his race and his nation have evolved. The only

difficulty arises if, by some arbitrary line between man and his

environment, the conditions which are the very material of his life

come to be treated as alien influences upon it, with the result of

representing him as being the slave of his surroundings rather than

their concentrated idea and articulate expression. Do we think that

Homer, Dante, and Shakespeare would have been greater or more free in

their genius if one had not been the voice of Greece, another that of

Italy, and the third that of England? The world in which man lives

_is_ himself, but is constituted, of course, by presentation to a

mind and not by strictly physical causation; and even where strictly

physical causation plays a part, as in the bodily effects of a hot

climate or of a certain kind of nutrition, still it cannot determine

a type of human life except by passing into the world which a human

being presents to himself.

[1] Quite probably there may be in the Marxian view an echo of true

materialism--the idea that will and consciousness are “epiphenomena”

_i.e._ are effects which are not causes generated by molecular

movements. Such a view cannot be criticised here, only it may be

pointed out that, on such a basis, the “bodily” passions, etc.,

are in no way more “material” than, e.g., the moral “categorical

imperative,” and therefore no more causal.

[2] See note 4.

[2] Cf. _e.g._ Durkheim, _Annee Sociologique_, 1897, p. 159.

[4] _I.e._ as if economic conditions were a sort of iron girders put

up to begin with and civilisation was the embellishment of them. It

is the old story of forgetting that the skeleton is later than the

body, and is deposited and moulded by it.

The exclusive importance which has been attached to considerations

of this kind in recent social theory is partly due to an unfounded

opinion of their novelty. It is somewhat striking, though following

naturally enough from the sort of schism in the world of letters

which modern sociology and ancient social philosophy represent,

that the firm and well balanced handling of these problems which we

owe to Plato and Aristotle is for the most part ignored by modern

sociologists.

{32} The entire social conception of those writers is a continued

application of the principle, fundamental in their whole philosophy,

that “form” is the inherent organising life of “matter,” so that

the better life of a commonwealth can be nothing but the flower and

crown of the possibilities inherent in its material conditions and

industrial and economic organisation. The law which is ultimately

to reveal itself as the spring of all righteousness in the State,

has its most obvious and external symbol--so Plato tells us--in

the economic exchange of services; and every circumstance of site,

and industry, and trade, and the racial type of the citizen, helps

to constitute, both for him and for Aristotle, the living organic

possibility from which, in some appropriate individual form, the

higher life is to spring. If we ask ourselves what then is the

difference between the ancient view of economic causation, and that

of the “materialist” historical school, we shall find the answer in

the absence, from the former, of that unreal isolation upon which we

observed above. The relation of “matter” or “conditions” to “form”

or “purpose” is not, for the Greek thinker, the pressure of an

alien necessity, of a hostile environment, but the upspringing of a

life, continuous in principle through all its phases. The thought

of the legislator fixes in the shape of distinct consciousness and

will, what the assemblage of conditions embodies as a physical or

instinctive tendency, as the artist, to use an ancient simile, finds

the statue in the marble. Working with this idea, the connection is

far more thoroughly, because more sympathetically, traced than it

can be when we think that our science is but laying bare the fetters

of humanity. And following {33} in the spirit of the Greek thinkers

themselves, modern students of antiquity have devoted themselves to

eliciting the positive connection of conditions with history, up to

a point of success of which the common run of modern sociologists

appear to have no conception. When we reflect how typical and,

comparatively speaking, how readily isolated and exhausted is the

history of Ancient Greece in the greatest age, it seems extraordinary

that the considerable and minute researches which have been bestowed

upon its geographical, commercial, and economic conditions should

not be commonly drawn into account with a view to the illustration

of the relations between natural resources, commercial and economic

development, and historical greatness. [1]

[1] I have never, for example, seen the great work of Ernst

Curtius, on the geography of the Peloponnese in connection with its

historical development, referred to in any sociological treatise;

nor, again, Duncker, nor Büchsenschütz, nor Mr. Newman’s edition of

Aristotle’s _Politics_. Boeckh’s _Treatise on the Public Economy of

Athens_ receives only a word of contemptuous notice in M’Culloch’s

_Literature of Political Economy_.

However this may be, here at any rate, in the analysis of economic

and quasi-economic conditions in their bearing upon the life of

peoples, we get a real subject-matter which is perhaps, so far as

can yet be seen, the territory least disputably belonging to the

pure sociologist. It is not really a sphere of natural causation,

but it is a sphere of certain simple and general conditions in

psychical life, corresponding to external facts which admit of

more or less precise statement, and, we may hope, of reduction to

fairly trustworthy uniformities. Such for instance are M. Durkheim’s

investigations on the effect of {34} density of population upon the

division of labour, [1] or Professor Gidding’s observations upon the

causes and limiting conditions of the aggregation of populations. [2]

We now proceed to a branch of experience which seriously strains the

working conceptions of the sociologist.

[1] _De la Division du Travail Social_, Alcan, 1893.

[2] _Principles of Sociology_, bk. II., ch. i. Few things are more

interesting in this respect than Mr. Poore’s observations in _Rural

Hygiene_ on the mechanical conditions of modern city life, as regards

drainage and water supply, with their results in encouraging an

overcrowded and insanitary mode of living.

iv. A completely new vista reveals itself to the student of social

theory when he turns from biological analogies and economic

conditions to consider the wealth of experience and of ideas which

is furnished to him by Jurisprudence and the Science of Right. He

knows, indeed, by this time, that the obvious aspect of a province

of fact will not be the only one, and that a unity will certainly be

traceable between all the facets of social existence. But none the

less, he will be able to restrain the itch to explain things away,

and he will fairly and candidly give weight to the significance and

suggestiveness of the mass of history and of reflection which is now

brought before him.

_a_. For here, as the plainest and most unmistakable data of

experience, we are confronted with _ideal facts_. The vast mass

of documents which form the basis of the Science of Right--a more

complete and comprehensive set of records, perhaps, than any other

branch of social science can boast--bears witness in every case to

one social phenomenon at least, to a formal act of mind and will,

aimed at maintaining some relative right or {35} hindering some

relative wrong, and stamped with what in some sense and in some

degree amounts to a social recognition. Theorists have said too

hastily, though with a sound meaning, that right is independent

of fact. It would be as true to say that reason is independent of

civilisation, or the soul independent of culture. Right is not

exhausted in the facts of past history; but it is at every moment

embodied in facts; and to comprehend that the social phenomena

which are among the most solid and unyielding of our experiences,

are nevertheless ideal in their nature, and consist of conscious

recognitions, by intelligent beings, of the relations in which

they stand, is to make a great step towards grasping the essential

task of science in dealing with society. From the beginning of

social theory the facts of law have been set in opposition to the

idea of a natural growth. It has been observed that, as a definite

institution maintained by formal acts of will, society is artificial,

conventional, contractual. We all know to-day that there is much

more than this to be said about the nature and principles of social

growth. Nevertheless, it remains true that the social whole has an

artificial aspect, an aspect of will and of design, of the agreement

and mutual recognition of free conscious beings. And in so far as the

history of law has resulted in the conception of natural right, this

in no way derogates from the artificial or ideal character of society

as above understood. For “natural” right belongs to a “nature” which

includes and does not exclude that action of intelligence in virtue

of which society may be termed artificial; and is {36} merely the

revelation of the principle towards which the social will is working,

and which in some degree it has always embodied.

Therefore the facts of Jurisprudence and the Science of Right, or

of “Natural Right,” as the issue and outcome of Jurisprudence,

necessarily counterbalance the extreme ideas of continuous growth and

natural causation which social science derives from other analogies.

We are reminded that, after all, we are dealing with a self-conscious

purposive organism, which is aware of a better and a worse, and

has members bound together by conscious intelligence, though, it

may be, not by conscious intelligence alone. At one time the ideas

of Jurisprudence, such as Sovereignty or Contract, were considered

sufficient by themselves to equip a social theory. And if they are

now seen to need completion from both sides,--from the side of lower

nature, and from the side of the national spirit and culture,--this

should not make us neglectful of the important truths which the facts

of law and recognised obligation, more than any others, establish on

solid ground.

_b_. It is of course the case that Law has been treated from the

standpoint of economic history in the same way as the other phenomena

of civilised life. It may be taken simply as the form into which

substantive relations crystallise, under the influence of economic

conditions or of other elementary social forces. And obviously such

a view has its truth. The social will, like the will of any one of

us from day to day, is formed not _in vacuo_, but as the focus of

all the influences which penetrate our being. It is a fair object of

{37} research to ascertain the economic or other social meaning of

the statutes which we find on the statute book; and it is because

they have so much meaning that they are excellent object-lessons in

the play of the social consciousness and sense of right. But this

focussing of social influences makes the laws not less acts of social

will, but more. To suppose the contrary would be like supposing

that nothing is a true act of will which embodies an individual’s

distinctive purposes in life.

I will explain by an illustration the relative value of sociological

analysis in dealing with the facts of positive law. I am indebted

for it to M. Durkheim, whose writings appear to me among the most

original and suggestive works of modern sociology. I regret that my

immediate purpose does not justify me in stating and appreciating the

whole very interesting theory of repressive and contractual law from

which the point in question is selected.

An act is a crime, [1] we are told, for the pure sociologist, when

it offends the strong and definite collective sentiments of society.

This is the strictly causal view of the matter. The act is a crime

because it offends; it does not offend because it is a crime. And the

corollaries are valuable. It is idle to distinguish, on such a basis,

between the reformatory, the retributive, and the deterrent views of

the reaction which is punishment. [2] An offensive act is in itself

at once an exhibition of character, an injury, and a menace. If a man

{38} assaults me in the street, and I knock him down; how futile to

ask if my action is meant to cure him of his insolence, to punish him

for having hit me, or to prevent him from hitting me again! The real

fact is that I am offended, and I react by way of injury and negation

against that which offends me. Now, this view, I think, illuminates

the subject. By going back to the simple operative cause, as it may

be supposed to exist especially in the mind of a tribe in an early

stage of development (M. Durkheim is chiefly referring to religious

offences), we have got a plain type of mental reaction, easy to

imagine and to understand. In this type we see at once the unity of

aspects which the forms of law, and legal or philosophical theory,

tend later to dissociate in a fictitious degree. And moreover we are

reminded that a law must have something behind it; some positive

sentiment or conviction, without which it would be unaccountable and

unmeaning.

[1] Durkheim, _Op. cit_., livre I., ch. ii.

[2] See ch. viii. below.

But when all this is said, it must not be supposed that penal law

has been reduced to the level of a strong and definite collective

sentiment, or a crime to the level of an annoyance. The simplest

penal law of a self-existent social group is different from the

anger of a crowd or mob. There is in it some sense of permanence,

and permanence means responsibility and generality--a distinction of

right and wrong. The fact of formally constituting a crime, _i.e._

of announcing a law, implies that mere distaste is no ground of

punishment. The law means that there is something worth maintaining,

and that this is recognised, and that to violate this recognition is

not merely to be unpopular, but to {39} sin against the common good,

and to break an obligation. With less than this there is no true

crime.

Thus, if I am right, the relation of pure “sociological” causation

to juristic facts is the well-known relation of the more abstract

to the more concrete sciences, usually illustrated in logic by

the relation of the physical and the musical account of musical

sound. For the pure physicist, a harmony and a discord are only two

different combinations of shakings. For the musician they are not

only opposite effects, but are causes of divergent consequences. So

with the relation between a strong collective sentiment and a true

law. A strong sentiment, as such, is a mere fact, a mere force; and

as such the sociologist regards it. A law involves the pretension

to will what is just, and is therefore a sentiment and something

more, viz., the point of view of social good. It aims at a right and

implies a wrong, and demands to be apprehended and judged on this

ground. A mere force cannot by its reaction constitute a crime; for

that a law is necessary. The ideal aspect of law as recognition of

right is no less actual, no less solid and verifiable, than the facts

of sentiment or necessity which may have suggested and sustained it.

In this way the relation of sociological causation to the facts of

Jurisprudence is typical of the whole relation of Sociology conceived

as a natural science, to the larger facts with which social theory

has to deal.

v. But the ideas involved in mere legality, though they bear

emphatic testimony to the conscious and artificial aspect of the

social whole, have always {40} been regarded with some justice as

the type of what is empty and formal. To treat a law as a command

with a penalty annexed, or to enunciate the tendency of social

progress as being from status to contract, may convey important

meanings, but is obviously very far short of the whole truth. And,

indeed, generalisations of this kind, though characteristic of a

certain class of reflective Jurisprudence, do not at all represent

the highest level which has been reached within the science of

right itself. But yet, as we pass beyond these everyday working

conceptions, we are beginning to leave the central ground of

Jurisprudence, and to move towards a point of view which deals

more completely with life and culture. The need and occasion for

such a point of view may be measured by that revival of national

individuality which was referred to in the last chapter as

constituting the true ground and occasion for the rebirth of genuine

political philosophy in modern times. Montesquieu’s investigation

into the “spirit of laws,” and his treatment of a law as something

deeper than a command, following upon the similar endeavours of

Vico, was in fact a recognition of the fundamental unity of a

national civilisation, which, on its political side, even Hobbes and

Locke had already attempted to explain by help of the inadequate

instruments furnished to them by legal theory. Montesquieu’s and

Vico’s conceptions were only the forerunners of the many-sided

study of civilisation which characterised the latter part of the

eighteenth century, following up the problem which was enunciated in

Rousseau’s paradox, that “law itself must be created by the social

spirit which it aims at creating.” To recognise the social spirit

{41} of a people, as the central unity behind its law and culture

and politics, was the principle of the various researches dealing

with formative art, poetry, language, religion, and the state, which

marked the close of the eighteenth century (compare Wolf’s theory of

Homer as the utterance of a racial mind), and laid the foundation of

nineteenth century idealism.

The true Greek renaissance, initiated in the age of Winckelmann,

forcing modern minds into contact with Hellenic ideas in their

original form, and no longer through Latin intermediaries, furnished

a type and focus for these researches by bringing before the thoughts

of students the brilliant individuality of the ancient city-state,

the crude traditions of which had already exercised the most powerful

influence on Rousseau, and through him on the Revolution. At the

same time the organic sciences were full of activity. The life-work

of Goethe marks the parallelism of the two movements. It is plain

that the doctrines of Comte were no more than a very one-sided

attempt to formulate the significance of the fermentation around

him, and that deeply as he felt the unity of the social being, his

expression of it ignored half the lesson of the times. Thus the

generalities of Jurisprudence are vitalised and completed by the

work of the sciences of culture; and the conception of a national

mind and character takes its unquestioned place in modern social

theory. It may be well at this point also to call attention to the

researches which later historians have directed to what may be called

“Comparative Politics”; the relations, that is, of communities under

government with respect to the {42} mode in which they are governed.

[1] For this branch of inquiry once more, though narrow and empty by

itself, yet does aid in bringing to light the purposive and conscious

character of society, and in correcting the tendency to treat it

altogether as a “natural” phenomenon.

[1] Freeman’s _Comparative Politics_, and Seeley’s _Introduction to

Political Science_.

vi. “And so the whirligig of Time brings about his revenges.” French

Sociology to-day is a psychological science, though its founder

banished psychology from his sociological method. Nothing is more

instructive than to watch the gradual pressure of the various points

of view which are emphasised by the various departments of social

experience, as they reveal, under criticism, their tendency to

complete themselves and one another by suggesting the only category

which is adequate to them as a whole. As every serious student of

social matters knows by his own experience, it is impossible to touch

a physical fact, or a statistical datum, or a legal enactment, in

reference to its social bearing, without its at once, so to speak,

coming alive in his hands, and attaching itself to an underlying

relation of mind as the only unity which will make it intelligible,

and correlate it with other experiences, by themselves no less

fragmentary. In statistics, for example, you touch a moving creature,

as if through the holes in a wall, at this point and the other, and

write down where you have touched him. [1] But to see the creature

as he is, and combine your information of all kinds in a just and

complete idea, you {43} must get him into the open. And that,

when the question is of a life, you can only do by reconstructing

his mind, for even to see a social unit with your eyes gives you

a fragment only, and not a whole. On Fridays, we are told, the

passenger traffic returns of French railways, omnibuses, and steamers

show a decline. [2] What dumb fact is this? People do not like to

travel on Fridays, or prefer to travel upon other days. What is this

preference? The only unity that can really afford an explanation,

that can correlate this irregular fragment of fact with the whole

to which it belongs, is the living mind and will of the society in

which the phenomenon occurs. Explanation aims at referring things to

a whole; and there is no true whole but mind. Necessarily, therefore,

with widening experience and deepening criticism, mind has become the

centre of the experiences focussed by sociology.

[1] Cf. _Aspects of the Social Problem_ (Macmillan, 1895), C.S. Loch

on “Returns in Social Science,” p. 287.

[2] Tarde, _Les Lois de l’Imitation_, p. 115.

We may note some significant points in this development, although,

indeed, the whole course of modern sociology is one single

illustration of what has just been said. Discussions of the problem

in what the differentia of society consists, no longer deal with

organic or economic conceptions, but with such ideas as the

“Consciousness of kind,” [1] the “Mind of a Crowd,” [2] “Imitation”

and “Invention,” [3] similarities and differences in the social

consciousness, [4] “Social logic” and society considered as a

syllogism, [5] and the imitative and {44} inventive person. [6] The

work of M. Tarde in particular is typical of the whole movement,

and his phrases have largely been adopted whether in agreement or

in controversy. For him the one fact coextensive with the social

character is “Imitation”--the means by which ideas and practices

spread throughout groups and masses of intelligent beings. For the

characteristic of knowable phenomena, in his view, is Repetition,

and Imitation is the means and vehicle of Repetition in social

matters. Here, however, we have accounted only for generalisation,

and differentiation needs a separate origin. This will be supplied

by the idea of “Invention;” Invention and Imitation, therefore, are

the general form of all social process, the matter on the other hand

being analysable as Belief and Desire. Every institution is a belief,

[7] every activity is a want or desire. In the _Logique Sociale_

these conceptions of the general medium and process of social life

are pushed home into the actual formative operation of the social

mind and will. Society, we are told, may be compared not indeed to

an organism, but rather to a brain; it is a cooperative mind, a

syllogism, in which the principles held by one part are modified

and applied by another. M. Tarde’s extreme illustrative hypothesis

corresponds strangely with one thrown out by Mr. Sidgwick. Mr.

Sidgwick [8] has simplified an ethical question by supposing only a

single sentient conscious being in the universe; for M. {45} Tarde

there is, we might say, no single being at all; the typical social

man is a hypnotical creature, a somnambulist acting under suggestions

from others, though he does not know it, and is under the illusion

that he is himself. [9] Nothing could be of higher interest than to

see the necessities of social science thus working themselves out,

on slippery and unfamiliar ground, by the sheer force of facts and

experience. That a science of man must be a science of mind seems no

longer disputable.

[1] Giddings, p. 17.

[2] Le Bon, _Psychologie des Foules_.

[3] Tarde, _Les Lois de l’Imitation_.

[4] Durkheim, _La Division du Travail Social_.

[5] Tarde, _La Logique Sociale_.

[6] Baldwin, _Social and Ethical Interpretations in Mental

Development_.

[7] Perhaps this expression originates with Fustel de Coulanges in

_La Cité Antique_.

[8] _Methods of Ethics_, p. 374.

[9] _Les Lois de l’Imitation_, p. 83.

On the substance of this development there is one observation which

inevitably suggests itself to any critic who approaches the problem

from the philosophical side.

Necessarily, as the relation of the individual to society is the

root of every social problem, psychological sociology consists to a

great extent in exercises upon the theme of identity and difference.

These exercises have hitherto been for the most part unconscious

and involuntary. And the high degree of substantial truth which is

attained by inquirers who have not thought the logic of identity

worthy of a single glance, is the strongest possible confirmation of

the common experience that it is safer to neglect theory than to be

careless of facts. Nevertheless, it has now become apparent, that

a point has been attained at which logical criticism is absolutely

essential, or if not logical criticism, at least some reference to

the familiar and well-established results of ancient or modern social

philosophy.

For it is a universal characteristic of the {46} sociological

movement before us, that identity and difference are referred to

different spheres, and the “one” and the “other” are regarded as

reciprocally exclusive atoms. [1] The difficulties and fallacies

which thus arise are innumerable. Thus we have the contagious common

feeling of a crowd [2] taken as the true type of a collective mind,

obviously because it is not understood how an identical structure can

include the differences, the rational distinctions and relations,

which really constitute the working mind of any society. So again

we have one type of law marked off as corresponding to social

similitude, [3] while a different type corresponds to the social

division of labour; simply because the category of resemblance has

been substituted for that of identity, and is treated as exclusive of

differentiation; with the result of a really terrible distortion of

facts in the attempt to separate the whole sphere of penal enactment

from that which deals with industrial organisation. So with the

entire set of notions of “Imitation,” “Repetition” and “Invention.”

[4] The separation of Imitation and Invention is simply the popular

exclusion of Difference from Identity; while the treatment of

Repetition as the characteristic of knowable phenomena and the mode

of utterance of social Imitation means the restriction of rational

Identity to its barest form, and the exclusion from {47} social

theory of absolutely every case of true cooperative structure. For

true cooperative structure is never characterised by repetition, but

always by identity in difference; it is the relation not of a screw

to an exactly similar screw, but of the screw to the nut into which

it fastens.

[1] M. Tarde’s view just mentioned might seem to conflict with this.

But note that he regards the man influenced by others as under an

illusion in thinking that he is himself: _i.e._, with Spencer and

Huxley, he regards the “self” and the “other” as irreconcilable

factors.

[2] Le Bon, Op. cit.

[3] Durkheim, Op. cit.

[4] Tarde and Baldwin, Op. cit.

In the discussions of Egoism and Altruism the difficulty comes to a

head. Some writers think Egoism prior to Altruism; others--the more

wary and enlightened--incline to treat Altruism as a phase earlier

than Egoism; M. Durkheim, whose eye for a fact is very keen, seeing

the absurdity of both these suppositions, is determined to include

the two characters in question from the very beginning in the human

consciousness, [1] but, of course, as contents belonging to different

spheres and consisting of contrasted elements. The conception of a

whole held together by its differences, its identity consisting in

and being measured by their very profoundness and individuality, is

not at the command of any of these writers, although the greater

part of M. Durkheim’s theory seems imperatively to demand such a

conception.

[1] _Division du Travail_, 216.

vii. Before considering, in conclusion, the relation of Sociology

as influenced by the above-mentioned sources and points of view, to

social philosophy proper, it will be well to devote a few words to

emphasising the way in which these “sources” ought to be regarded.

Every “source” of sociological science is at once a category, or

point of view, and also a certain group of actual social conditions.

This relation is effectively illustrated by the study of any social

{48} unity which is such as to invite a thorough conspectus of

its life from top to bottom of the social growth and underlying

conditions. I repeat that the history and life of ancient Greece, a

singularly complete working model of society on a very small scale,

analysed with remarkable thoroughness, and individual throughout, is

the prerogative example of such a treatment; but next to this, or in

addition to it, a thoroughly careful study of local history, life,

and conditions, in a limited region, [1] with which we are familiar

from top to toe, is an essential propaedeutic to true social theory.

To focus a number of groups of fact, and coordinate the points of

view which they substantiate, into the conception of a living being,

with its individual character and spiritual utterance, needs more

than a merely literary or statistical study. But by making this

effort we shall learn, as no economic charts or general scientific

works can teach us, what a social life is, and in what sense it

is true that all partial facts and experiences within it demand

ultimate coordination in the category of mind. It is not meant that

consciousness can make the weather hold up, but it is meant that no

fact has a true social bearing except in as far as, sooner or later,

it comes to form part of the world which a being capable of sociality

and therefore intelligent, presents to himself as his theatre of

action.

[1] Cf. Professor Geddes’ idea of a “Regional Survey,” with which

visitors to his delightful “Summer School” become acquainted.

3. Thus it may seem that by mere force of facts a necessary solution

has been arrived at, and that psychological sociology must be one and

the same science with social philosophy.

{49} But this is not quite the case. Up to the present time these two

sciences continue to approach their object-matter, as it were, from

different ends, and whether the two views will ultimately amalgamate

is perhaps mainly a problem of the personal division of labour.

But a question of principle, with reference to the true nature of

psychology, is indirectly involved. Only there seems no reason why

two kinds of psychology should not exist.

Psychology, as at present conceived by its best working

representatives, is a positive, though not a physical science.

“For (the psychologist) the crude superstitions of Australian

aborigines have as much interest and value as the developed and

accurate knowledge of a Newton or a Faraday.” [1] Its aim is “the

establishment of continuity among observed facts, by interpolating

among them intermediate links which elude observation.” [2] If

not a “physical” science, then, it is, in a common sense of the

term, a “natural” science. It has the impartiality, and uses the

watchwords--law, process, genesis--which belong to a natural science.

And like every impartial science, to which process and genesis are

watchwords, it tends to explain the higher by the lower. This springs

from no malice aforethought, but from the conditions of the case. The

lower is simpler, and usually comes first in time. It is naturally

dwelt upon, as that into which it is hoped to resolve the more

complex, and the explanation which is more adequate for the simple,

is less adequate for the complex. No difference of higher {50} and

lower is recognised by the impartial science, and its ideal, as a

science, is inevitably the expression of the complex in terms of the

simple; while, as far as genesis in time is insisted on, the bias

towards temporal causation is pretty sure to operate by attaching a

quasi-causal significance to the earlier phases.

[1] Stout, _Analytic Psychology_, Introduction.

[2] _Ib_. From a logical point of view this idea of explanation seems

seriously defective. See Bradley’s _Principles of Logic_, p. 491.

In all these characteristics psychology is at one with sociology.

And, therefore, though it is a gain that other points of view should

be resolved into the point of view of mind, yet the positive bias of

sociology is not transcended simply by this resolution.

Philosophy starts, we have said, as it were, from the other end. It

is critical throughout; it desires to establish degrees of value,

degrees of reality, degrees of completeness and coherence. Its

purpose might be termed “Ethical,” but for the extreme narrowness

of the meaning of that term. Society, for it, is an achievement or

utterance of human nature--of course not divorced from nature in

general--having a certain degree of solidity, so to speak; that is

to say, being able, up to a certain point, to endure the tests and

answer the questionings which are suggested by the scrutiny of human

life from the point of view of value and completeness. Is the social

life the best, or the only life for a human soul? In what way through

society, and in what characteristics of society, does the soul lay

hold upon its truest self, or become, in short, the most that it has

in it to be? How does the social life at its best compare with the

life of art, of knowledge, or of religion, and can the same principle

be shown to be active in all of them? And what have {51} they in

common, or peculiar to each, which has an imperative claim on the

mind of man?

Now it was hinted above that there might be two kinds of psychology,

or two tendencies within it. And if psychology were to be impelled,

as it has been more than once in the past, by the recognition that

where there is more of its object--of mind--its interest is greater

and the rank of its object-matter is higher, then there would not

be much to choose between the temper of psychology and that of

philosophy. And as sociology has found itself driven forward into

the territory of social “logic,” a name which at once suggests a

critical and philosophical science, it may well be that sociological

psychology will not remain wholly “positive” and impartial, but

will assume, as in the hands of Professor Giddings, for example, it

seems inclined to, at least a teleological attitude, testing social

phenomena by the quantity and quality of life which they display.

But, at any rate, the points of view of sociology, and of social

philosophy as above described, will continue to supplement each

other. Philosophy gives a significance to sociology; sociology

vitalises philosophy. The idea of mind is deepened and extended by

the unity and continuity which sociological analysis, throughout all

its many-sided sources, vindicates for the principle of growth and

order down to the roots and in all the fibres of the world. Every

natural resource and condition must be thought of as drawing forth

or constituting some new element in the mind which is the universal

focus; just as every shape and colour of the trees in the landscape

or every note of a melody finds its {52} definite and individual

response in the contemplative consciousness. The error lies, not in

identifying the mind and the environment, but in first uncritically

separating them, and then substituting not merely the one for the

other, but wretched fragments of the one for the whole in which alone

either can be complete.

Philosophy, on the other hand, in treating of society, has to deal

with the problems which arise out of the nature of a whole and its

parts, the relation of the individual to the universal, and the

transformation by which the particular self is lost, to be found

again in a more individual, and yet more universal form. In all

these respects its view is what might be called teleological; that

is to say, it recognises a difference of level or of degree in the

completeness and reality of life, and endeavours to point out when

and how, and how far by social aid, the human soul attains the most

and best that it has in it to become. As long as these two points

of view are clearly recognised, it is a matter of the mere personal

division of labour whether they are brought to bear by the same

thinkers and within the same treatises.

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