I make no doubt that the practical influence of the political philosophies of Aristotle, the Stoics, St. Thomas, Locke, Rousseau, Kant and Hegel has often been exaggerated in comparison with the influence of circumstances. But a due measure of efficacy cannot be denied them on the ground which is sometimes proffered; it cannot be denied on the ground that ideas are without potency. For ideas belong to human beings who have bodies, and there is no separation between the structures and processes of the part of the body that entertains the ideas and the part that performs acts. Brain and muscles work together, and the brains of men are much more important data for social science than are their muscular system and their sense organs.

It is not our intention to engage in a discussion of political philosophies. The concept of the state, like most concepts which are introduced by “The,” is both too rigid and too tied up with controversies to be of ready use. It is a concept which can be approached by a flank movement more easily than by a frontal attack. The moment we utter the words “The State” a score of intellectual ghosts rise to obscure our vision. Without our intention and without our notice, the notion of “The State” draws us imperceptibly into a consideration of the logical relationship of various ideas to one another, and away from facts of human activity. It is better, if possible, to start from the latter and see if we are not led thereby into an idea of something which will turn out to implicate the marks and signs which characterize political behavior.

There is nothing novel in this method of approach. But very much depends upon what we select from which to start and very much depends upon whether we select our point of departure in order to tell at the terminus what the state ought to be or what it is. If we are too concerned with the former, there is a likelihood that we shall unwittingly have doctored the facts selected in order to come out at a predetermined point. The phase of human action we should not start with is that to which direct causative power is attributed. We should not look for state-forming forces. If we do, we are likely to get involved in mythology. To explain the origin of the state by saying that man is a political animal is to travel in a verbal circle. It is like attributing religion to a religious instinct, the family to marital and parental affection, and language to a natural endowment which impels men to speech. Such theories merely reduplicate in a so-called causal force the effects to be accounted for. They are of a piece with the notorious potency of opium to put men to sleep because of its dormitive power.

The warning is not directed against a man of straw. The attempt to derive the state, or any other social institution, from strictly “psychological” data is in point. Appeal to a gregarious instinct to account for social arrangements is the outstanding example of the lazy fallacy. Men do not run together and join in a larger mass as do drops of quicksilver, and if they did the result would not be a state nor any mode of human association. The instincts, whether named gregariousness, or sympathy, or the sense of mutual dependence, or domination on one side and abasement and subjection on the other, at best account for everything in general and nothing in particular. And at worst, the alleged instinct and natural endowment appealed to as a causal force themselves represent physiological tendencies which have previously been shaped into habits of action and expectation by means of the very social conditions they are supposed to explain. Men who have lived in herds develop attachment to the horde to which they have become used; children who have perforce lived in dependence grow into habits of dependence and subjection. The inferiority complex is socially acquired, and the “instinct” of display and mastery is but its other face. There are structural organs which physiologically manifest themselves in vocalizations as the organs of a bird induce song. But the barking of dogs and the song of birds are enough to prove that these native tendencies do not generate language. In order to be converted into language, native vocalization requires transformation by extrinsic conditions, both organic and extra-organic or environmental: formation, be it noted, not just stimulation. The cry of a baby can doubtless be described in purely organic terms, but the wail becomes a noun or verb only by its consequences in the responsive behavior of others. This responsive behavior takes the form of nurture and care, themselves dependent upon tradition, custom and social patterns. Why not postulate an “instinct” of infanticide as well as one of guidance and instruction? Or an “instinct” of exposing girls and taking care of boys?

We may, however, take the argument in a less mythological form than is found in the current appeal to social instincts of one sort or another. The activities of animals, like those of minerals and plants, are correlated with their structure. Quadrupeds run, worms crawl, fish swim, birds fly. They are made that way; it is “the nature of the beast.” We do not gain anything by inserting instincts to run, creep, swim and fly between the structure and the act. But the strictly organic conditions which lead men to join, assemble, foregather, combine, are just those which lead other animals to unite in swarms and packs and herds. In describing what is common in human and other animal junctions and consolidations we fail to touch what is distinctively human in human associations. These structural conditions and acts may be sine qua nons of human societies; but so are the attractions and repulsions which are exhibited in inanimate things. Physics and chemistry as well as zoölogy may inform us of some of the conditions without which human beings would not associate. But they do not furnish us with the sufficient conditions of community life and of the forms which it takes.

We must in any case start from acts which are performed, not from hypothetical causes for those acts, and consider their consequences. We must also introduce intelligence, or the observation of consequences as consequences, that is, in connection with the acts from which they proceed. Since we must introduce it, it is better to do so knowingly than it is to smuggle it in in a way which deceives not only the customs officer—the reader—but ourselves as well. We take then our point of departure from the objective fact that human acts have consequences upon others, that some of these consequences are perceived, and that their perception leads to subsequent effort to control action so as to secure some consequences and avoid others. Following this clew, we are led to remark that the consequences are of two kinds, those which affect the persons directly engaged in a transaction, and those which affect others beyond those immediately concerned. In this distinction we find the germ of the distinction between the private and the public. When indirect consequences are recognized and there is effort to regulate them, something having the traits of a state comes into existence. When the consequences of an action are confined, or are thought to be confined, mainly to the persons directly engaged in it, the transaction is a private one. When A and B carry on a conversation together the action is a trans-action: both are concerned in it; its results pass, as it were, across from one to the other. One or other or both may be helped or harmed thereby. But, presumably, the consequences of advantage and injury do not extend beyond A and B; the activity lies between them; it is private. Yet if it is found that the consequences of conversation extend beyond the two directly concerned, that they affect the welfare of many others, the act acquires a public capacity, whether the conversation be carried on by a king and his prime minister or by Cataline and a fellow conspirator or by merchants planning to monopolize a market.

The distinction between private and public is thus in no sense equivalent to the distinction between individual and social, even if we suppose that the latter distinction has a definite meaning. Many private acts are social; their consequences contribute to the welfare of the community or affect its status and prospects. In the broad sense any transaction deliberately carried on between two or more persons is social in quality. It is a form of associated behavior and its consequences may influence further associations. A man may serve others, even in the community at large, in carrying on a private business. To some extent it is true, as Adam Smith asserted, that our breakfast table is better supplied by the convergent outcome of activities of farmers, grocers and butchers carrying on private affairs with a view to private profit than it would be if we were served on a basis of philanthropy or public spirit. Communities have been supplied with works of art, with scientific discoveries, because of the personal delight found by private persons in engaging in these activities. There are private philanthropists who act so that needy persons or the community as a whole profit by the endowment of libraries, hospitals and educational institutions. In short, private acts may be socially valuable both by indirect consequences and by direct intention.

There is therefore no necessary connection between the private character of an act and its non-social or anti-social character. The public, moreover, cannot be identified with the socially useful. One of the most regular activities of the politically organized community has been waging war. Even the most bellicose of militarists will hardly contend that all wars have been socially helpful, or deny that some have been so destructive of social values that it would have been infinitely better if they had not been waged. The argument for the non-equivalence of the public and the social, in any praiseworthy sense of social, does not rest upon the case of war alone. There is no one, I suppose, so enamored of political action as to hold that it has never been short-sighted, foolish and harmful. There are even those who hold that the presumption is always that social loss will result from agents of the public doing anything which could be done by persons in their private capacity. There are many more who protest that some special public activity, whether prohibition, a protective tariff or the expanded meaning given the Monroe Doctrine, is baleful to society. Indeed every serious political dispute turns upon the question whether a given political act is socially beneficial or harmful.

Just as behavior is not anti-social or non-social because privately undertaken, it is not necessarily socially valuable because carried on in the name of the public by public agents. The argument has not carried us far, but at least it has warned us against identifying the community and its interests with the state or the politically organized community. And the differentiation may dispose us to look with more favor upon the proposition already advanced: namely, that the line between private and public is to be drawn on the basis of the extent and scope of the consequences of acts which are so important as to need control, whether by inhibition or by promotion. We distinguish private and public buildings, private and public schools, private paths and public highways, private assets and public funds, private persons and public officials. It is our thesis that in this distinction we find the key to the nature and office of the state. It is not without significance that etymologically “private” is defined in opposition to “official,” a private person being one deprived of public position. The public consists of all those who are affected by the indirect consequences of transactions to such an extent that it is deemed necessary to have those consequences systematically cared for. Officials are those who look out for and take care of the interests thus affected. Since those who are indirectly affected are not direct participants in the transactions in question, it is necessary that certain persons be set apart to represent them, and see to it that their interests are conserved and protected. The buildings, property, funds, and other physical resources involved in the performance of this office are res publica, the common-wealth. The public as far as organized by means of officials and material agencies to care for the extensive and enduring indirect consequences of transactions between persons is the Populus.

It is a commonplace that legal agencies for protecting the persons and properties of members of a community, and for redressing wrongs which they suffer, did not always exist. Legal institutions derive from an earlier period when the right of self-help obtained. If a person was harmed, it was strictly up to him what he should do to get even. Injuring another and exacting a penalty for an injury received were private transactions. They were the affairs of those directly concerned and nobody else’s direct business. But the injured party obtained readily the help of friends and relatives, and the aggressor did likewise. Hence consequences of the quarrel did not remain confined to those immediately concerned. Feuds ensued, and the blood-quarrel might implicate large numbers and endure for generations. The recognition of this extensive and lasting embroilment and the harm wrought by it to whole families brought a public into existence. The transaction ceased to concern only the immediate parties to it. Those indirectly affected formed a public which took steps to conserve its interests by instituting composition and other means of pacification to localize the trouble.