81. Blacks and whites in southern society. In our southern states, before the civil war, whites and blacks had formed habits of action and feeling towards each other. They lived in peace and concord, and each one grew up in the ways which were traditional and customary. The civil war abolished legal rights and left the two races to learn how to live together under other relations than before. The whites have never been converted from the old mores. Those who still survive look back with regret and affection to the old social usages and customary sentiments and feelings. The two races have not yet made new mores. Vain attempts have been made to control the new order by legislation. The only result is the proof that legislation cannot make mores. We see also that mores do not form under social convulsion and discord. It is only just now that the new society seems to be taking shape. There is a trend in the mores now as they begin to form under the new state of things. It is not at all what the humanitarians hoped and expected. The two races are separating more than ever before. The strongest point in the new code seems to be that any white man is boycotted and despised if he "associates with negroes" (sec. 114, at the end). Some are anxious to interfere and try to control. They take their stand on ethical views of what is going on. It is evidently impossible for any one to interfere. We are like spectators at a great natural convulsion. The results will be such as the facts and forces call for. We cannot foresee them. They do not depend on ethical views any more than the volcanic eruption on Martinique contained an ethical element. All the faiths, hopes, energies, and sacrifices of both whites and blacks are components in the new construction of folkways by which the two races will learn how to live together. As we go along with the constructive process it is very plain that what once was, or what any one thinks ought to be, but slightly affects what, at any moment, is. The mores which once were are a memory. Those which any one thinks ought to be are a dream. The only thing with which we can deal are those which are.
82. The mores are unrecorded. A society is never conscious of its mores until it comes in contact with some other society which has different mores, or until, in higher civilization, it gets information by literature. The latter operation, however, affects only the literary classes, not the masses, and society never consciously sets about the task of making mores. In the early stages mores are elastic and plastic; later they become rigid and fixed. They seem to grow up, gain strength, become corrupt, decline, and die, as if they were organisms. The phases seem to follow each other by an inherent necessity, and as if independent of the reason and will of the men affected, but the changes are always produced by a strain towards better adjustment of the mores to conditions and interests of the society, or of the controlling elements in it. A society does not record its mores in its annals, because they are to it unnoticed and unconscious. When we try to learn the mores of any age or people we have to seek our information in incidental references, allusions, observations of travelers, etc. Generally works of fiction, drama, etc., give us more information about the mores than historical records. It is very difficult to construct from the Old Testament a description of the mores of the Jews before the captivity. It is also very difficult to make a complete and accurate picture of the mores of the English colonies in North America in the seventeenth century. The mores are not recorded for the same reason that meals, going to bed, sunrise, etc., are not recorded, unless the regular course of things is broken.
83. Inertia and rigidity of the mores. We see that we must conceive of the mores as a vast system of usages, covering the whole of life, and serving all its interests; also containing in themselves their own justification by tradition and use and wont, and approved by mystic sanctions until, by rational reflection, they develop their own philosophical and ethical generalizations, which are elevated into "principles" of truth and right. They coerce and restrict the newborn generation. They do not stimulate to thought, but the contrary. The thinking is already done and is embodied in the mores. They never contain any provision for their own amendment. They are not questions, but answers, to the problem of life. They present themselves as final and unchangeable, because they present answers which are offered as "the truth." No world philosophy, until the modern scientific world philosophy, and that only within a generation or two, has ever presented itself as perhaps transitory, certainly incomplete, and liable to be set aside to-morrow by more knowledge. No popular world philosophy or life policy ever can present itself in that light. It would cost too great a mental strain. All the groups whose mores we consider far inferior to our own are quite as well satisfied with theirs as we are with ours. The goodness or badness of mores consists entirely in their adjustment to the life conditions and the interests of the time and place (sec. 65). Therefore it is a sign of ease and welfare when no thought is given to the mores, but all coöperate in them instinctively. The nations of southeastern Asia show us the persistency of the mores, when the element of stability and rigidity in them becomes predominant. Ghost fear and ancestor worship tend to establish the persistency of the mores by dogmatic authority, strict taboo, and weighty sanctions. The mores then lose their naturalness and vitality. They are stereotyped. They lose all relation to expediency. They become an end in themselves. They are imposed by imperative authority without regard to interests or conditions (caste, child marriage, widows). When any society falls under the dominion of this disease in the mores it must disintegrate before it can live again. In that diseased state of the mores all learning consists in committing to memory the words of the sages of the past who established the formulæ of the mores. Such words are "sacred writings," a sentence of which is a rule of conduct to be obeyed quite independently of present interests, or of any rational considerations.
84. Persistency. Asiatic fixity of the mores is extreme, but the element of persistency in the mores is always characteristic of them. They are elastic and tough, but when once established in familiar and continued use they resist change. They give stability to the social order when they are well understood, regular, and undisputed. In a new colony, with a sparse population, the mores are never fixed and stringent. There is great "liberty." As the colony always has traditions of the mores of the mother country, which are cherished with respect but are never applicable to the conditions of a colony, the mores of a colony are heterogeneous and are always in flux. That is because the colonists are all the time learning to live in a new country and have no traditions to guide them, the traditions of the old country being a hindrance. Any one bred in a new country, if he goes to an old country, feels the "conservatism" in its mores. He thinks the people stiff, set in their ways, stupid, and unwilling to learn. They think him raw, brusque, and uncultivated. He does not know the ritual, which can be written in no books, but knowledge of which, acquired by long experience, is the mark of fit membership in the society.
85. Persistency in spite of change of religion. Matthews saw votive effigies in Mandan villages just like those which Catlin had seen and put into his pictures seventy years before.[90] In the meantime the Mandans had been nearly exterminated by war and disease, and the remnant of them had been civilized and Christianized. The mores of the Central American Indians inculcate moderation and restraint. Their ancient religion contained prescriptions of that character, and those prescriptions are still followed after centuries of life under Christianity.[91] In the Bible we may see the strife between old mores and a new religious system two or three times repeated. The so-called Mosaic system superseded an older system of mores common, as it appears, to all the Semites of western Asia. The prophets preached a reform of the Jahveh religion and we find them at war with the inherited mores.[92] The most striking feature of the story of the prophets is their antagonism to the mores which the people would not give up. Monotheism was not established until after the captivity.[93] The recurrence, vitality, popularity, and pervasiveness of traditional mores are well shown in the Bible story. The result was a combination of ritual monotheism with survivals of ancient mores and a popular religion in which demonism was one of the predominant elements. The New Testament represents a new revival and reform of the religion. The Jews to this day show the persistency of ancient mores. Christianity was a new adjustment of both heathen and Jewish mores to a new religious system. The popular religion once more turned out to be a grand revival of demonism. The masses retained their mores with little change. The mores overruled the religion. Therefore Jewish Christians and heathen Christians remained distinguishable for centuries. The Romans never could stamp out the child sacrifices of the Carthaginians.[94] The Roman law was an embodiment of all the art of living and the mores of the Roman people. It differed from the mores of the German peoples, and when by the religion the Roman system was brought to German people conflict was produced. In fact, it may be said that the process of remolding German mores by the Roman law never was completed,[95] and that now the German mores have risen against the Roman law and have accepted out of it only what has been freely and rationally selected. Marriage amongst the German nations was a domestic and family function. Even after the hierocratic system was firmly established, it was centuries before the ecclesiastics could make marriage a clerical function.[96] In the usages of German peasants to-day may be found numerous survivals of heathen notions and customs.[97] In England the German mores accepted only a limited influence from the Roman law. The English have adopted the policy of the Romans in dealing with subject peoples. They do not meddle with local customs if they can avoid it. This is wise, since nothing nurses discontent like interference with folkways. The persistency of the mores is often shown in survivals,—senseless ceremonies whose meaning is forgotten, jests, play, parody, and caricature, or stereotyped words and phrases, or even in cakes of a prescribed form or prescribed foods at certain festivals.
86. Roman law. In the Roman law everything proceeds from the emperor. He is the possessor of all authority, the fountain of honor, the author of all legislation, and the referee in all disputes. Lawyers trained by the study of this code learned to conceive of all the functions of the state as acts, powers, and rights of a monarchical sovereign. They stood beside the kings and princes of the later Middle Ages ready to construe the institutions of suzerainty into this monarchical form. They broke down feudalism and helped to build the absolutist dynastic state, wherever the Roman law was in force, and wherever it had greatly influenced the legal system. The church also had great interest to employ the Roman law, because it included the ecclesiastical legislation of the Christian emperors of the fourth and fifth centuries, and because the canon law was imitated from it in spirit and form. In all matters of private rights the provisions of the Justinian code were good and beneficial, so that those provisions won their own way by their own merit.[98] In the Sachsenspiegel there was no distinction of property between man and wife, but this meant that all which both had was a joint capital for use in their domestic economy. When the marriage was dissolved the property returned to the side from which it came. Later, in many districts, this arrangement developed into a real community of goods under various forms. "It was in regard to these adjustments of property rights that the jurists of the Middle Ages did most harm by introducing the Roman law, for it was especially in regard to this matter that the Roman law stood in strongest contrast to the German notions, and the resistance of the German people is to be seen in the numerous local systems of law, which remained in use in most of Germany; unfortunately not everywhere, nor uniformly."[99]
87. The Roman law: its effect on later mores. Throughout the north of Europe, upon conversion to Christianity, tithes were the stumbling-block between the old mores and the new system.[100] The authority for the tithe system came from the Roman system. It was included in the Roman jurisprudence which the church adopted and carried wherever it extended. After the civil code was revived it helped powerfully to make states. This was a work, however, which was hostile to the church. The royal lawyers found in the civil code a system which referred everything in society to the emperor as the origin of power, rights, and honor. They adopted this standpoint for the kings of the new dynastic states and, in the might of the Roman law, they established royal absolutism, which was unfavorable to the church and the feudal nobles. They found their allies in the cities which loved written law, institutions, and defined powers. Stubbs[101] regards the form of the Statute of Westminster (1275) as a proof that the lawyers, who "were at this time getting a firm grasp on the law of England," were introducing the principle that the king could enact by his own authority. The spirit of the Roman law was pitiless to peasants and artisans, that is, to all who were, or were to be made, unfree. The Norman laws depressed the Saxon ceorl to a slave.[102] In similar manner they came into war with all Teutonic mores which contained popular rights and primary freedom. Stammler[103] denies that the Roman law, in spite of lawyers and ecclesiastics, ever entered into the flesh and blood of the German people. That is to say, it never displaced completely their national mores. The case of the property of married persons is offered as a case in which the German mores were never overcome.[104] A compromise was struck between the ancient mores and the new ways, which the Roman Catholic religion approved.
88. Variability. No less remarkable than the persistency of the mores is their changeableness and variation. There is here an interesting parallel to heredity and variation in the organic world, even though the parallel has no significance. Variation in the mores is due to the fact that children do not perpetuate the mores just as they received them. The father dies, and the son whom he has educated, even if he continues the ritual and repeats the formulæ, does not think and feel the same ideas and sentiments as his father. The observance of Sunday; the mode of treating parents, children, servants, and wives or husbands; holidays; amusements; arts of luxury; marriage and divorce; wine drinking,—are matters in regard to which it is easy to note changes in the mores from generation to generation, in our own times. Even in Asia, when a long period of time is taken into account, changes in the mores are perceptible. The mores change because conditions and interests change. It is found that dogmas and maxims which have been current do not verify; that established taboos are useless or mischievous restraints; that usages which are suitable for a village or a colony are not suitable for a great city or state; that many things are fitting when the community is rich which were not so when it was poor; that new inventions have made new ways of living more economical and healthful. It is necessary to prosperity that the mores should have a due degree of firmness, but also that they should be sufficiently elastic and flexible to conform to changes in interests and life conditions. A herding or an agricultural people, if it moves into a new country, rich in game, may revert to a hunting life. The Tunguses and Yakuts did so as they moved northwards.[105] In the early days of the settlement of North America many whites "Indianized"; they took to the mode of life of Indians. The Iranians separated from the Indians of Hindostan and became agriculturists. They adopted a new religion and new mores. Men who were afraid of powerful enemies have taken to living in trees, lake dwellings, caves, and joint houses. Mediæval serfdom was due to the need of force to keep the peasant on his holding, when the holding was really a burden to him in view of the dues which he must pay. He would have run away if he had not been kept by force. In the later Middle Ages the villain had a valuable right and property in his holding. Then he wanted security of tenure so that he could not be driven away from it. In the early period it was the duty of the lord to kill the game and protect the peasant's crops. In the later period it became the monopoly right of the lord to kill game. Thus the life conditions vary. The economic conjuncture varies. The competition of life varies. The interests vary with them. The mores all conform, unless they have been fixed by dogma with mystic sanctions so that they are ritual obligations, as is, in general, the case now in southeastern Asia. The rights of the parties, and the right and wrong of conduct, after the mores have conformed to new life conditions, are new deductions. The philosophers follow with their systems by which they try to construe the whole new order of acts and thoughts with reference to some thought fabric which they put before the mores, although it was found out after the mores had established the relations. In the case in which the fixed mores do not conform to new interests and needs crises arise. Moses, Zoroaster, Manu, Solon, Lycurgus, and Numa are either mythical or historical culture heroes, who are said to have solved such crises by new "laws," and set the society in motion again. The fiction of the intervention of a god or a hero is necessary to account for a reconstruction of the mores of the ancestors without crime.
89. Mores of New England. The Puritan code of early New England has been almost entirely abandoned, so far as its positive details are concerned, while at the same time some new restrictions on conduct have been introduced, especially as to the use of spirituous liquors, so that not all the changes have been in the way of relaxation. The mores of New England, however, still show deep traces of the Puritan temper and world philosophy. Perhaps nowhere else in the world can so strong an illustration be seen both of the persistency of the spirit of the mores and of their variability and adaptability. The mores of New England have extended to a large immigrant population and have won large control over them. They have also been carried to the new states by immigrants, and their perpetuation there is an often-noticed phenomenon. The extravagances in doctrine and behavior of the seventeenth-century Puritans have been thrown off and their code of morals has been shorn of its angularity, but their life policy and standards have become to a very large extent those of the civilized world.
90. Revolution. In higher civilization crises produced by the persistency of old mores after conditions have changed are solved by revolution or reform. In revolutions the mores are broken up. Such was the case in the sixteenth century, in the French Revolution of 1789, and in minor revolutions. A period follows the outburst of a revolution in which there are no mores. The old are broken up; the new are not formed. The social ritual is interrupted. The old taboos are suspended. New taboos cannot be enacted or promulgated. They require time to become established and known. The masses in a revolution are uncertain what they ought to do. In France, under the old régime, the social ritual was very complete and thoroughly established. In the revolution, the destruction of this ritual produced social anarchy. In the best case every revolution must be attended by this temporary chaos of the mores. It was produced in the American colonies. Revolutionary leaders expect to carry the people over to new mores by the might of two or three dogmas of political or social philosophy. The history of every such attempt shows that dogmas do not make mores. Every revolution suffers a collapse at the point where reconstruction should begin. Then the old ruling classes resume control, and by the use of force set the society in its old grooves again. The ecclesiastical revolution of the sixteenth century resulted in a wreck whose discordant fragments we have inherited. It left us a Christendom, half of which is obscurantist and half scientific; half is ruled by the Jesuits and half is split up into wrangling sects. The English Revolution of the seventeenth century was reversed when it undertook to reconstruct the mores of the English people. The French revolutionists tried to abolish all the old mores and to replace them by products of speculative philosophy. The revolution was, in fact, due to a great change in conditions, which called for new mores, and so far as the innovations met this demand they became permanent and helped to create a conviction of the beneficence of revolution. Napoleon abolished many innovations and put many things in the old train again. Many other things have changed name and face, but not character. Many innovations have been half assimilated. Some interests have never yet been provided for (see sec. 165).