At the other limit there are social groups so separated by rivers, seas and mountains, by strange languages and gods, that what one of them does—save in war—has no appreciable consequences for another. There is therefore no common interest, no public, and no need nor possibility of an inclusive state. The plurality of states is such a universal and notorious phenomenon that it is taken for granted. It does not seem to require explanation. But it sets up, as we have noted, a test difficult for some theories to meet. Except upon the basis of a freakish limitation in the common will and reason which is alleged to be the foundation of the state, the difficulty is insuperable. It is peculiar, to say the least, that universal reason should be unable to cross a mountain range and objective will be balked by a river current. The difficulty is not so great for many other theories. But only the theory which makes recognition of consequences the critical factor can find in the fact of many states a corroborating trait. Whatever is a barrier to the spread of the consequences of associated behavior by that very fact operates to set up political boundaries. The explanation is as commonplace as is the thing to be explained.
Somewhere between associations that are narrow, close and intimate and those which are so remote as to have only infrequent and casual contact lies, then, the province of a state. We do not find and should not expect to find sharp and fast demarcations. Villages and neighborhoods shade imperceptibly into a political public. Different states may pass through federations and alliances into a larger whole which has some of the marks of statehood. This condition, which we should anticipate in virtue of the theory, is confirmed by historical facts. The wavering and shifting line of distinction between a state and other forms of social union is, again, an obstacle in the way of theories of the state which imply as their concrete counterpart something as sharply marked off as is the concept. On the basis of empirical consequences, it is just the sort of thing which should occur. There are empires due to conquest where political rule exists only in forced levies of taxes and soldiers, and in which, though the word state may be used, the characteristic signs of a public are notable for their absence. There are political communities like the city-states of ancient Greece in which the fiction of common descent is a vital factor, in which household gods and worship are replaced by community divinities, shrines, and cults: states in which much of the intimacy of the vivid and prompt personal touch of the family endures, while there has been added the transforming inspiration of a varied, freer, fuller life, whose issues are so momentous that in comparison the life of the neighborhood is parochial and that of the household dull.
Multiplicity and constant transformation in the forms which the state assumes are as comprehensible upon the hypothesis proposed as is the numerical diversity of independent states. The consequences of conjoint behavior differ in kind and in range with changes in “material culture,” especially those involved in exchange of raw materials, finished products and above all in technology, in tools, weapons and utensils. These in turn are immediately affected by inventions in means of transit, transportation and intercommunication. A people that lives by tending flocks of sheep and cattle adapts itself to very different conditions than those of a people which ranges freely, mounted on horses. One form of nomadism is usually peaceful; the other warlike. Roughly speaking, tools and implements determine occupations, and occupations determine the consequences of associated activity. In determining consequences, they institute publics with different interests, which exact different types of political behavior to care for them.
In spite of the fact that diversity of political forms rather than uniformity is the rule, belief in the state as an archetypal entity persists in political philosophy and science. Much dialectical ingenuity has been expended in construction of an essence or intrinsic nature in virtue of which any particular association is entitled to have applied to it the concept of statehood. Equal ingenuity has been expended in explaining away all divergencies from this morphological type, and (the favored device) in ranking states in a hierarchical order of value as they approach the defining essence. The idea that there is a model pattern which makes a state a good or true state has affected practice as well as theory. It, more than anything else, is responsible for the effort to form constitutions offhand and impose them ready-made on peoples. Unfortunately, when the falsity of this view was perceived, it was replaced by the idea that states “grow” or develop instead of being made. This “growth” did not mean simply that states alter. Growth signified an evolution through regular stages to a predetermined end because of some intrinsic nisus or principle. This theory discouraged recourse to the only method by which alterations of political forms might be directed: namely, the use of intelligence to judge consequences. Equally with the theory which it displaced, it presumed the existence of a single standard form which defines the state as the essential and true article. After a false analogy with physical science, it was asserted that only the assumption of such a uniformity of process renders a “scientific” treatment of society possible. Incidentally, the theory flattered the conceit of those nations which, being politically “advanced,” assumed that they were so near the apex of evolution as to wear the crown of statehood.
The hypothesis presented makes possible a consistently empirical or historical treatment of the changes in political forms and arrangements, free from any overriding conceptual domination such as is inevitable when a “true” state is postulated, whether that be thought of as deliberately made or as evolving by its own inner law. Intrusions from non-political internal occurrences, industrial and technological, and from external events, borrowings, travel, migrations, explorations, wars, modify the consequences of preëxisting associations to such an extent that new agencies and functions are necessitated. Political forms are also subject to alterations of a more indirect sort. Developments of better methods of thinking bring about observation of consequences which were concealed from a vision which used coarser intellectual tools. Quickened intellectual insight also makes possible invention of new political devices. Science has not indeed played a large rôle. But intuitions of statesmen and of political theorists have occasionally penetrated into the operations of social forces in such a way that a new turn has been given to legislation and to administration. There is a margin of toleration in the body politic as well as in an organic body. Measures not in any sense inevitable are accommodated to after they have once been taken; and a further diversity is thereby introduced in political manners.
In short, the hypothesis which holds that publics are constituted by recognition of extensive and enduring indirect consequences of acts accounts for the relativity of states, while the theories which define them in terms of specific causal authorship imply an absoluteness which is contradicted by facts. The attempt to find by the “comparative method” structures which are common to antique and modern, to occidental and oriental states, has involved a great waste of industry. The only constant is the function of caring for and regulating the interests which accrue as the result of the complex indirect expansion and radiation of conjoint behavior.
We conclude, then, that temporal and local diversification is a prime mark of political organization, and one which, when it is analyzed, supplies a confirming test of our theory. A second mark and evidence is found in an otherwise inexplicable fact that the quantitative scope of results of conjoint behavior generates a public with need for organization. As we already noted, what are now crimes subject to public cognizance and adjudication were once private ebullitions, having the status now possessed by an insult proffered by one to another. An interesting phase of the transition from the relatively private to the public, at least from a limited public to a larger one, is seen in the development in England of the King’s Peace. Justice until the twelfth century was administered mainly by feudal and shire courts, courts of hundreds, etc. Any lord who had a sufficient number of subjects and tenants decided controversies and imposed penalties. The court and justice of the king was but one among many, and primarily concerned with royalty’s tenants, servants, properties and dignities. The monarchs wished, however, to increase their revenues and expand their power and prestige. Various devices were invented and fictions set up by means of which the jurisdiction of kingly courts was extended. The method was to allege that various offenses, formerly attended to by local courts, were infractions of the king’s peace. The centralizing movement went on till the king’s justice had a monopoly. The instance is significant. A measure instigated by desire to increase the power and profit of the royal dynasty became an impersonal public function by bare extension. The same sort of thing has repeatedly occurred when personal prerogatives have passed into normal political processes. Something of the same sort is manifested in contemporary life when modes of private business become “affected with a public interest” because of quantitative expansion.
A converse instance is presented in transfer from public to private domain of religious rites and beliefs. As long as the prevailing mentality thought that the consequences of piety and irreligion affected the entire community, religion was of necessity a public affair. Scrupulous adherence to the customary cult was of the highest political import. Gods were tribal ancestors or founders of the community. They granted communal prosperity when they were duly acknowledged and were the authors of famine, pestilence and defeat in war if their interests were not zealously attended to. Naturally when religious acts had such extended consequences, temples were public buildings, like the agora and forum; rites were civic functions and priests public officials. Long after theocracy vanished, theurgy was a political institution. Even when disbelief was rife, few there were who would run the risk of neglecting the ceremonials.
The revolution by which piety and worship were relegated to the private sphere is often attributed to the rise of personal conscience and assertion of its rights. But this rise is just the thing to be accounted for. The supposition that it was there all the time in a submerged condition and finally dared to show itself reverses the order of events. Social changes, both intellectual and in the internal composition and external relations of peoples, took place so that men no longer connected attitudes of reverence or disrespect to the gods with the weal and woe of the community. Faith and unbelief still had serious consequences, but these were now thought to be confined to the temporal and eternal happiness of the persons directly concerned. Given the other belief, and persecution and intolerance are as justifiable as is organized hostility to any crime; impiety is the most dangerous of all threats to public peace and well-being. But social changes gradually effected as one of the new functions of the life of the community the rights of private conscience and creed.
In general, behavior in intellectual matters has moved from the public to the private realm. This radical change was, of course, urged and justified on the ground of intrinsic and sacred private right. But, as in the special case of religious beliefs, it is strange, if this reason be accepted, that mankind lived so long in total unawareness of the existence of the right. In fact, the idea of a purely private area of consciousness, where whatever goes on has no external consequences, was in the first instance a product of institutional change, political and ecclesiastic, although, like other beliefs, once it was established it had political results. The observation that the interests of the community are better cared for when there is permitted a large measure of personal judgment and choice in the formation of intellectual conclusions, is an observation which could hardly have been made until social mobility and heterogeneity had brought about initiation and invention in technological matters and industry, and until secular pursuits had become formidable rivals to church and state. Even yet, however, toleration in matters of judgment and belief is largely a negative matter. We agree to leave one another alone (within limits) more from recognition of evil consequences which have resulted from the opposite course rather than from any profound belief in its positive social beneficence. As long as the latter consequence is not widely perceived, the so-called natural right to private judgment will remain a somewhat precarious rationalization of the moderate amount of toleration which has come into being. Such phenomena as the Ku Klux and legislative activity to regulate science show that the belief in liberty of thought is still superficial.