58. "The people." Popular impulses. In a democratic state the great middle section would rule if it was organized independently of the rest. It is that section which constitutes "the people" in the special technical sense in which that expression is current in political use. It is to it that the Jeffersonian doctrines about the "wisdom" of the people would apply. That section, however, is never organized independently; that is to say, "the people" never exist as a body exercising political power. The middle section of a group may be enthused by an impulse which is adapted to its ways and notions. It clings to persons, loves anecdotes, is fond of light emotions, and prides itself on its morality. If a man wins popularity in that section, the impulse which his name can give to it may be irresistible (Jefferson, Jackson). The middle section is greatly affected by symbolism. "The flag" can be developed into a fetich. A cult can be nourished around it. Group vanity is very strong in it. Patriotic emotions and faiths are its favorite psychological exercises, if the conjuncture is favorable and the material well-being is high. When the middle section is stirred by any spontaneous and consentaneous impulses which arise from its nature and ways, it may produce incredible results with only a minimum of organization. "A little prosperity and some ideas, as Aristotle saw, are the ferment which sets the masses in ebullition. This offers an opportunity. A beginning is made. The further development is unavoidable."[75]
59. Agitation. Every impulse given to the masses is, in its nature, spasmodic and transitory. No systematic enterprise to enlighten the masses ever can be carried out. Campaigns of education contain a fallacy. Education takes time. It cannot be treated as subsidiary for a lifetime and then be made the chief business for six months with the desired result. A campaign of education is undemocratic. It implies that some one is teacher and somebody else pupil. It can only result in the elucidation of popular interests and the firmer establishment of popular prejudice. On the other hand, an agitation which appeals skillfully to pet notions and to latent fanaticism may stampede the masses. The Middle Ages furnished a number of cases. The Mahdis who have arisen in Mohammedan Africa, and other Moslem prophets, have produced wonderful phenomena of this kind. The silver agitation was begun, in 1878, by a systematic effort of three or four newspapers in the middle West, addressed to currency notions which the greenback proposition had popularized. What is the limit to the possibilities of fanaticism and frenzy which might be produced in any society by agitation skillfully addressed to the fallacies and passions of the masses? The answer lies in the mores, which determine the degree of reserved common sense, and the habit of observing measure and method, to which the masses have been accustomed. It follows that popular agitation is a desperate and doubtful method. The masses, as the great popular jury which, at last, by adoption or rejection, decides the fate of all proposed changes in the mores, needs stability and moderation. Popular agitation introduces into the masses initiative and creative functions which destroy its judgment and call for quite other qualities.
60. The ruling element in the masses. The masses are liable to controlling influences from elements which they contain. When crises arise in a democratic state attention is concentrated on the most numerous strata nearest to MN (see the diagram, p. 40), but they rarely possess self-determination unless the question at issue appeals directly to popular interest or popular vanity. Moreover, those strata cannot rule unless they combine with those next above and below. So the critical question always is, in regard to the masses PQRS, which parts of it will move the whole of it. Generally the question is, more specifically, What is the character of the strata above a line through A or B, and what is their relation to the rest of PQRS? If the upper part of the section PQRS consists of employers and the lower part of employés, and if they hate and fight each other, coherence and sympathy in the society will cease, the mores will be characterized by discord, passion, and quarrelsomeness, and political crises will arise which may reach any degree of severity, for the political parties will soon coincide with the class sections. The upper part of PQRS is made up of the strata which possess comfort without luxury, but also culture, intelligence, and the best family mores. They are generally disciplined classes, with strong moral sense, public spirit, and sense of responsibility. If we are not in error as to the movement in civilized states of the present time from the lower into the upper strata of PQRS, by virtue of ambition and education, then it follows that the upper strata are being constantly reënforced by all the elements in the society which have societal value, after those elements have been developed and disciplined by labor and self-denial. The share which the upper strata of the masses have in determining the policy of the masses is therefore often decisive of public welfare. On the other hand, it is when the masses are controlled by the strata next above RS that there is most violent impulsiveness in societal movements. The movements and policies which are characterized as revolutionary have their rise in these classes, although, in other cases, these classes also adhere most stubbornly to popular traditions in spite of reason and fact. Trade unionism is, at the present time, a social philosophy and a programme of policy which has its origin in the sections of the masses next above RS.
The French Revolution began with the highest strata of the masses, and the control of it passed on down from one to another of the lower strata, until it reached the lowest,—the mob gathered in the slums of a great city.
61. The mores and institutions. Institutions and laws are produced out of mores. An institution consists of a concept (idea, notion, doctrine, interest) and a structure. The structure is a framework, or apparatus, or perhaps only a number of functionaries set to coöperate in prescribed ways at a certain conjuncture. The structure holds the concept and furnishes instrumentalities for bringing it into the world of facts and action in a way to serve the interests of men in society. Institutions are either crescive or enacted. They are crescive when they take shape in the mores, growing by the instinctive efforts by which the mores are produced. Then the efforts, through long use, become definite and specific. Property, marriage, and religion are the most primary institutions. They began in folkways. They became customs. They developed into mores by the addition of some philosophy of welfare, however crude. Then they were made more definite and specific as regards the rules, the prescribed acts, and the apparatus to be employed. This produced a structure and the institution was complete. Enacted institutions are products of rational invention and intention. They belong to high civilization. Banks are institutions of credit founded on usages which can be traced back to barbarism. There came a time when, guided by rational reflection on experience, men systematized and regulated the usages which had become current, and thus created positive institutions of credit, defined by law and sanctioned by the force of the state. Pure enacted institutions which are strong and prosperous are hard to find. It is too difficult to invent and create an institution, for a purpose, out of nothing. The electoral college in the constitution of the United States is an example. In that case the democratic mores of the people have seized upon the device and made of it something quite different from what the inventors planned. All institutions have come out of mores, although the rational element in them is sometimes so large that their origin in the mores is not to be ascertained except by an historical investigation (legislatures, courts, juries, joint stock companies, the stock exchange). Property, marriage, and religion are still almost entirely in the mores. Amongst nature men any man might capture and hold a woman at any time, if he could. He did it by superior force which was its own supreme justification. But his act brought his group and her group into war, and produced harm to his comrades. They forbade capture, or set conditions for it. Beyond the limits, the individual might still use force, but his comrades were no longer responsible. The glory to him, if he succeeded, might be all the greater. His control over his captive was absolute. Within the prescribed conditions, "capture" became technical and institutional, and rights grew out of it. The woman had a status which was defined by custom, and was very different from the status of a real captive. Marriage was the institutional relation, in the society and under its sanction, of a woman to a man, where the woman had been obtained in the prescribed way. She was then a "wife." What her rights and duties were was defined by the mores, as they are to-day in all civilized society.
62. Laws. Acts of legislation come out of the mores. In low civilization all societal regulations are customs and taboos, the origin of which is unknown. Positive laws are impossible until the stage of verification, reflection, and criticism is reached. Until that point is reached there is only customary law, or common law. The customary law may be codified and systematized with respect to some philosophical principles, and yet remain customary. The codes of Manu and Justinian are examples. Enactment is not possible until reverence for ancestors has been so much weakened that it is no longer thought wrong to interfere with traditional customs by positive enactment. Even then there is reluctance to make enactments, and there is a stage of transition during which traditional customs are extended by interpretation to cover new cases and to prevent evils. Legislation, however, has to seek standing ground on the existing mores, and it soon becomes apparent that legislation, to be strong, must be consistent with the mores.[76] Things which have been in the mores are put under police regulation and later under positive law. It is sometimes said that "public opinion" must ratify and approve police regulations, but this statement rests on an imperfect analysis. The regulations must conform to the mores, so that the public will not think them too lax or too strict. The mores of our urban and rural populations are not the same; consequently legislation about intoxicants which is made by one of these sections of the population does not succeed when applied to the other. The regulation of drinking places, gambling places, and disorderly houses has passed through the above-mentioned stages. It is always a question of expediency whether to leave a subject under the mores, or to make a police regulation for it, or to put it into the criminal law. Betting, horse racing, dangerous sports, electric cars, and vehicles are cases now of things which seem to be passing under positive enactment and out of the unformulated control of the mores. When an enactment is made there is a sacrifice of the elasticity and automatic self-adaptation of custom, but an enactment is specific and is provided with sanctions. Enactments come into use when conscious purposes are formed, and it is believed that specific devices can be framed by which to realize such purposes in the society. Then also prohibitions take the place of taboos, and punishments are planned to be deterrent rather than revengeful. The mores of different societies, or of different ages, are characterized by greater or less readiness and confidence in regard to the use of positive enactments for the realization of societal purposes.
63. How laws and institutions differ from mores. When folkways have become institutions or laws they have changed their character and are to be distinguished from the mores. The element of sentiment and faith inheres in the mores. Laws and institutions have a rational and practical character, and are more mechanical and utilitarian. The great difference is that institutions and laws have a positive character, while mores are unformulated and undefined. There is a philosophy implicit in the folkways; when it is made explicit it becomes technical philosophy. Objectively regarded, the mores are the customs which actually conduce to welfare under existing life conditions. Acts under the laws and institutions are conscious and voluntary; under the folkways they are always unconscious and involuntary, so that they have the character of natural necessity. Educated reflection and skepticism can disturb this spontaneous relation. The laws, being positive prescriptions, supersede the mores so far as they are adopted. It follows that the mores come into operation where laws and tribunals fail. The mores cover the great field of common life where there are no laws or police regulations. They cover an immense and undefined domain, and they break the way in new domains, not yet controlled at all. The mores, therefore, build up new laws and police regulations in time.
64. Difference between mores and some cognate things. Products of intentional investigation or of rational and conscious reflection, projects formally adopted by voluntary associations, rational methods consciously selected, injunctions and prohibitions by authority, and all specific conventional arrangements are not in the mores. They are differentiated by the rational and conscious element in them. We may also make a distinction between usages and mores. Usages are folkways which contain no principle of welfare, but serve convenience so long as all know what they are expected to do. For instance, Orientals, to show respect, cover the head and uncover the feet; Occidentals do the opposite. There is no inherent and necessary connection between respect and either usage, but it is an advantage that there should be a usage and that all should know and observe it. One way is as good as another, if it is understood and established. The folkways as to public decency belong to the mores, because they have real connection with welfare which determines the only tenor which they can have. The folkways about propriety and modesty are sometimes purely conventional and sometimes inherently real. Fashions, fads, affectations, poses, ideals, manias, popular delusions, follies, and vices must be included in the mores. They have characteral qualities and characteral effect. However frivolous or foolish they may appear to people of another age, they have the form of attempts to live well, to satisfy some interest, or to win some good. The ways of advertisers who exaggerate, use tricks to win attention, and appeal to popular weakness and folly; the ways of journalism; electioneering devices; oratorical and dithyrambic extravagances in politics; current methods of humbug and sensationalism,—are not properly part of the mores but symptoms of them. They are not products of the concurrent and coöperative effort of all members of the society to live well. They are devices made with conscious ingenuity to exert suggestion on the minds of others. The mores are rather the underlying facts in regard to the faiths, notions, tastes, desires, etc., of that society at that time, to which all these modes of action appeal and of whose existence they are evidence.
65. What is goodness or badness of the mores. It is most important to notice that, for the people of a time and place, their own mores are always good, or rather that for them there can be no question of the goodness or badness of their mores. The reason is because the standards of good and right are in the mores. If the life conditions change, the traditional folkways may produce pain and loss, or fail to produce the same good as formerly. Then the loss of comfort and ease brings doubt into the judgment of welfare (causing doubt of the pleasure of the gods, or of war power, or of health), and thus disturbs the unconscious philosophy of the mores. Then a later time will pass judgment on the mores. Another society may also pass judgment on the mores. In our literary and historical study of the mores we want to get from them their educational value, which consists in the stimulus or warning as to what is, in its effects, societally good or bad. This may lead us to reject or neglect a phenomenon like infanticide, slavery, or witchcraft, as an old "abuse" and "evil," or to pass by the crusades as a folly which cannot recur. Such a course would be a great error. Everything in the mores of a time and place must be regarded as justified with regard to that time and place. "Good" mores are those which are well adapted to the situation. "Bad" mores are those which are not so adapted. The mores are not so stereotyped and changeless as might appear, because they are forever moving towards more complete adaptation to conditions and interests, and also towards more complete adjustment to each other. People in mass have never made or kept up a custom in order to hurt their own interests. They have made innumerable errors as to what their interests were and how to satisfy them, but they have always aimed to serve their interests as well as they could. This gives the standpoint for the student of the mores. All things in them come before him on the same plane. They all bring instruction and warning. They all have the same relation to power and welfare. The mistakes in them are component parts of them. We do not study them in order to approve some of them and condemn others. They are all equally worthy of attention from the fact that they existed and were used. The chief object of study in them is their adjustment to interests, their relation to welfare, and their coördination in a harmonious system of life policy. For the men of the time there are no "bad" mores. What is traditional and current is the standard of what ought to be. The masses never raise any question about such things. If a few raise doubts and questions, this proves that the folkways have already begun to lose firmness and the regulative element in the mores has begun to lose authority. This indicates that the folkways are on their way to a new adjustment. The extreme of folly, wickedness, and absurdity in the mores is witch persecutions, but the best men of the seventeenth century had no doubt that witches existed, and that they ought to be burned. The religion, statecraft, jurisprudence, philosophy, and social system of that age all contributed to maintain that belief. It was rather a culmination than a contradiction of the current faiths and convictions, just as the dogma that all men are equal and that one ought to have as much political power in the state as another was the culmination of the political dogmatism and social philosophy of the nineteenth century. Hence our judgments of the good or evil consequences of folkways are to be kept separate from our study of the historical phenomena of them, and of their strength and the reasons for it. The judgments have their place in plans and doctrines for the future, not in a retrospect.
66. More exact definition of the mores. We may now formulate a more complete definition of the mores. They are the ways of doing things which are current in a society to satisfy human needs and desires, together with the faiths, notions, codes, and standards of well living which inhere in those ways, having a genetic connection with them. By virtue of the latter element the mores are traits in the specific character (ethos) of a society or a period. They pervade and control the ways of thinking in all the exigencies of life, returning from the world of abstractions to the world of action, to give guidance and to win revivification. "The mores [Sitten] are, before any beginning of reflection, the regulators of the political, social, and religious behavior of the individual. Conscious reflection is the worst enemy of the mores, because mores begin unconsciously and pursue unconscious purposes, which are recognized by reflection often only after long and circuitous processes, and because their expediency often depends on the assumption that they will have general acceptance and currency, uninterfered with by reflection."[77] "The mores are usage in any group, in so far as it, on the one hand, is not the expression or fulfillment of an absolute natural necessity [e.g. eating or sleeping], and, on the other hand, is independent of the arbitrary will of the individual, and is generally accepted as good and proper, appropriate and worthy."[78]