Public opinion is more palpably an expression of the actual social will than are custom and law. We have seen that the last two may represent, in given instances, rather the inherited will of the past than the living will of the present. But when we call public opinion an expression of the social will we cannot mean that it necessarily reflects the sentiment of all the members of a given community.
In primitive communities custom may be a public habit which embraces all, or nearly all, individuals. Public opinion may scarcely have a separate existence. In communities more developed, some individuals may disapprove and refuse to follow many customs which are characteristic of the society to which they belong. Laws are not approved by all, and, in progressive states, there is usually some agitation which has as its object the repeal of old laws or the passage of new ones. In communities where there is independence of thought, public opinion is usually divided.
Furthermore, the communities to which civilized men belong are not homogeneous aggregations of units. There is the public opinion which obtains within single groups within the state. The adherents of a religious sect may have notions peculiar to themselves of the conduct proper to the individual, and such notions may extend far beyond what is actually prescribed by the tenets of the sect. The several trades and professions, the social classes, neighborhoods, even lesser voluntary associations of men, such as clubs, may be pervaded by a public sentiment which varies with each group. When we speak of public opinion generally we have in mind something broader, a resultant. But the public sentiment of the lesser groups cannot be ignored. The individual feels himself especially influenced by the opinions of those most nearly associated with him.
Under the head of public opinion it is convenient to speak of the opinions of moral teachers who have influenced the race. Such a thinker may enunciate truths far in advance of the opinions of his fellows. His teachings are not, hence, fairly representative of the social will as it reveals itself in his time. But the sentiments of the more enlightened never are completely in accord with those of the mass of their fellows. They are not mere aberrations from the social will; they are its forerunners. The moralist and the religious teacher initiate new choices, which may become the choices of large bodies of men. From them proceed influences which have their issue in new expressions of the social will, characterizing whole societies, and giving birth to new customs, new laws, and a new form of public opinion. One can scarcely imagine what China would be without her Confucius; or the Arabic world, with Mahomet abstracted.
CHAPTER XIX
THE SHARERS IN THE SOCIAL WILL
71. THE COMMUNITY.—It is difficult to state with absolute exactness what constitutes a community.
We may define it as a group of human beings associated in a common life, depending upon and cooperating with each other. This definition will apply, to be sure, to lesser groups within a tribe or state; and even to a collection of tribes or states in so far as such enter into alliances and cooperate to their mutual advantage. As, however, the bond of union is, in the former case, subordinate to the higher authority of a larger group (for the family is subject to the tribe or state); and as, in the latter case, the bond of union is a relatively loose one, and evidently subordinate to that which binds the citizens of individual states, the community proper may be regarded as that group which is characterized by a relatively great degree of inner coherence and by relative external independence.
The type of such communities is, among the more primitive peoples, the tribe, and among the more developed, the state. The authority of such groups over their own members is, theoretically, paramount, although it may be suspended or abolished by the exertion of force from without.
Such a community may be said to be inspired by a social will expressed in its customs, its laws and the public opinion prevalent in it. Its members may be said to be sharers in the social will of the community. Their participation in it is marked by their being endowed with rights and charged with duties.