An organization implies organs; and these are to be found in the various organizations, political, religious, etc., by which, through a greater or less division of labor, certain special functions are relegated to particular associations. We thus have not only to go beyond the individual and refer to the organs in order to determine the "law" or form of any instinct developed through the social factor, but we have also to classify the various social instincts by reference to the complex structure of society, which implies a distribution into mutually dependent organs. Moreover, such organs, though primarily directed to a specific end, acquire a vitality independent of any special end, become organs discharging a complex function, and imply the existence of a correspondingly complex set of instincts. We come really to love an organization because it supplies us with a means of cultivating certain emotions and of enjoying the society of our fellows; it would be an entirely inadequate account of the facts if we regarded it simply as the means of attaining that pleasure which has given the pretext for its formation.

The organs of society are not, however, distinct from each other as the physical organs are distinct; the same individuals may be members of various organizations. The race is not, in fact, analogous to the higher organism, which forms a whole separated from all similar wholes, but to an organism of the lower type, which consists of mutually connected parts spreading independently in dependence upon external conditions, and capable of indefinite extension, not of united growth. We may consider the race, thus, as forming social tissue, rather than constituting an organism. The tissue is built up of men, as the tissue of physiology is said to be built up of cells. The laws of growth and vitality of the organs of society are always relative to the underlying properties of the tissue; although, in particular cases, the more civilized race may be supplanted by the less civilized, we may assume that these accidental and contingent advantages will be eliminated on the average, and the general tendency will be to the predominance of those races which have intrinsically the strongest tissue. Not the state as such, and (as we have seen) not the individual, is the unit of evolution; the state may develop when the external pressure is little or nothing; the social tissue is that primary unit upon which the process of social evolution impinges. The family is not, itself, a mode of organization coördinate with other social organs, but rather represents the immediate and primitive relation which holds men together. It is quite possible to suppose men living together without any political and social organization; but some association between the sexes, however temporary and casual, and some protection of infants by parents, are absolutely necessary to the continuance of the race beyond a single generation. A change in family associations implies a corresponding change of vast importance in the intimate structure of society itself, in the social tissue. The state may make a marriage law, but it cannot create or modify the family tie beyond certain narrow limits. It can bestow privileges upon some one kind of association, but it cannot originate it, cannot enforce fidelity and chastity.

The social tissue is its own end, or depends upon the whole system of instincts possessed by man as a social and rational creature.

The development of society as an organic structure implies the development of customs in the race, and habits in the individuals forming it. There must be certain rules of conduct which are observed by all, in order that corresponding rules may be observed by each.

Custom in the civilized society may be distinguished from positive law. In primitive states, the distinction is imperceptible. The authority of law itself must rest upon custom,—the custom of obedience. But physical force alone, or the dread of its application, cannot produce obedience; the application of such force is so little essential that a state of society is conceivable, in which it should disappear altogether; men might be willing to obey their rulers simply from respect and affection. The power of applying coercion in case of need must no doubt increase as the strength of the social bond increases; but that bond is also the stronger, in proportion as the need of applying it becomes less. The whole social structure, then, must rest, in the last resort, upon the existence of certain organic customs, which cannot be explained from without. They depend, for their force and vitality, upon the instincts of the individual as modified by the social factor; they correspond to a given state of the social tissue. A legal sanction may be added to any custom whatever, and thus it may seem that a state can make its own constitution and define its own organic laws; in reality, however, the power of making a certain constitution presupposes a readiness to act together and accept certain rules as binding, and thus implies a whole set of established customs, essential to the life of the society and giving rise to special types of character in its members. Every law of conduct more or less affects the character of the persons subject to it, so long as it is enforced; and necessarily, every variation in the character more or less affects the sentiments from which the external law derives its force. The correspondence, however, is not so intimate that one mode of statement can always be rendered into the other. For laws, indeed elaborate codes, are developed without seriously affecting the general character of the underlying customs, and in the same way instincts may vary widely without producing any normal change in the external order, though they affect the mode in which it works. The essence of any law is in the mutual pressure of the different parts of the social structure. Any association with a given end will have laws determined with reference to that end. When we pass, however, from the organ to the tissue, we still have an organic structure with certain rules of conduct and corresponding instincts, but we no longer have a definite end or a fixed material. The material, that is, is to be regarded as developing and determining the development of the subsidiary organs. And since the most efficient society normally survives, we may inversely infer from the survival of a society that it has developed the properties on which its efficiency depends. The actual laws existing at any period may not represent the greatest degree of efficiency possible; but they must be an approximate statement of the essential conditions.

The moral law, as applicable to all members of a society, defines some of the most important qualities of the social tissue. It is as independent of the legislature as are the movements of the planets. This is true whether you resolve morality into reason or make it dependent upon utility. The action of any set of people can no more change the nature of facts than that of logical necessities. This is, however, fully true only of morality as it ought to be in correspondence with facts. Actual morality corresponds to men's theories about facts, and it may, therefore, deviate from what the code would be if they were incapable of error. But it is plain that, though it varies, it must vary within incomparably narrower limits than other systems of law, because its variation is determined by far more general conditions; it maintains itself, so to speak, by the direct action of the organic instincts. The doctrines of the greatest moral teacher, though somewhat in advance of prevailing standards, are successful only in proportion as they are congenial to existing sentiments, give articulate shape to thoughts already obscurely present in the social medium. Like Socrates, the reformer must be something of a midwife. Morality grows, and is not made; that is, it is the fruit of a gradual evolution of the organic instinct continued through many generations. The ordinary mind resists any change in principles instilled into it from birth; the great masses are sluggish in movement.

The moral law has to be expressed in the form: "Be this," not "Do this." The existence of a character such that variations of circumstances will cause no deviation from morality is the only security for morals. The legislator is forced to classify conduct by its objective manifestations. But the cunning of the man who desires to evade the code can still devise innumerable methods of accomplishing his end indirectly. Law permits what it does not prohibit, and is, therefore, in danger of producing hypocrisy instead of virtue.

The process by which the moral law (or rather, the law of conduct which includes, but is not coincident with the moral law) is developed, is a process of generalization. It corresponds to a vast induction carried on by the race as organized in society. Beginning with modes of conduct which are seen to be bad, society gradually perceives that the ultimate principle of classification must be by the primary feelings, that rules of conduct must be expressed in terms of character, and other rules which concern the application of these to more special cases must take a subordinate position and be regarded as only of conditional value. All these rules must necessarily correspond, within very narrow limits, to a statement of the conditions of vitality of the tissue which they characterize. In an ideal state of society, every general principle would also be recognized in every particular rule. This is a result a gradual approximation to which, rather than its actual attainment, must be anticipated.

Morality implies action for the good of others in some sense. Society may be regarded both as an aggregate and as an organism. There are certain qualities which we may suppose to vary in the individual without necessarily involving a change in the social structure. How is the general rule, as distinguished from other rules, deduced from the general principle of social vitality?

The law of nature has but one precept, "Be strong." But when we regard the individual in his relations to society, the law takes on different forms. This may be expressed by saying that the law "Be strong," has two main branches, "Be prudent" and "Be virtuous," the first applying to cases in which the individual is primarily affected, the other to those in which the units are affected through society and the social factor must be taken into account.