It is this narrowing of the area over which a definite public opinion may be said to exist that at once creates the possibility and defines the limits of arbitrary control, so far as it is created or determined by the existence of public opinion.

Thus far the public has been described almost wholly in terms that could be applied to a crowd. The public has been frequently described as if it were simply a great crowd, a crowd scattered as widely as news will circulate and still be news.[256] But there is this difference. In the heat and excitement of the crowd, as in the choral dances of primitive people, there is for the moment what may be described as complete fusion of the social forces. Rapport has, for the time being, made the crowd, in a peculiarly intimate way, a social unit.

No such unity exists in the public. The sentiment and tendencies which we call public opinion are never unqualified expressions of emotion. The difference is that public opinion is determined by conflict and discussion, and made up of the opinions of individuals not wholly at one. In any conflict situation, where party spirit is aroused, the spectators, who constitute the public, are bound to take sides. The impulse to take sides is, in fact, in direct proportion to the excitement and party spirit displayed. The result is, however, that both sides of an issue get considered. Certain contentions are rejected because they will not stand criticism. Public opinion formed in this way has the character of a judgment, rather than a mere unmeditated expression of emotion, as in the crowd. The public is never ecstatic. It is always more or less rational. It is this fact of conflict, in the form of discussion, that introduces into the control exercised by public opinion the elements of rationality and of fact.

In the final judgment of the public upon a conflict or an issue, we expect, to be sure, some sort of unanimity of judgment, but in the general consensus there will be some individual differences of opinion still unmediated, or only partially so, and final agreement of the public will be more or less qualified by all the different opinions that co-operated to form its judgment.

In the materials which follow a distinction is made between public opinion and the mores, and this distinction is important. Custom and the folkways, like habit in the individual, may be regarded as a mere residuum of past practices. When folkways assume the character of mores, they are no longer merely matters of fact and common sense, they are judgments upon matters which were probably once live issues and as such they may be regarded as the products of public opinion.

Ritual, religious or social, is probably the crystallization of forms of behavior which, like the choral dance, are the direct expression of the emotions and the instincts. The mores, on the other hand, in so far as they contain a rational element, are the accumulations, the residuum, not only of past practices, but of judgments such as find expression in public opinion. The mores, as thus conceived, are the judgments of public opinion in regard to issues that have been settled and forgotten.

L. T. Hobhouse, in his volume, Morals in Evolution, has described, in a convincing way, the process by which, as he conceives it, custom is modified and grows under the influence of the personal judgments of individuals and of the public. Public opinion, as he defines it, is simply the combined and sublimated judgments of individuals.

Most of these judgments are, to be sure, merely the repetition of old formulas. But occasionally, when the subject of discussion touches us more deeply, when it touches upon some matter in which we have had a deeper and more intimate experience, the ordinary patter that passes as public opinion is dissipated and we originate a moral judgment that not only differs from, but is in conflict with, the prevailing opinion. In that case "we become, as it were, centers from which judgments of one kind or another radiate and from which they pass forth to fill the atmosphere of opinion and take their place among the influences that mould the judgments of men."

The manner in which public opinion issues from the interaction of individuals, and moral judgments are formed that eventually become the basis of law, may be gathered from the way in which the process goes on in the daily life about us.