Ethics (Serapis Classics) - John Dewey - E-Book

Ethics (Serapis Classics) E-Book

John Dewey

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Beschreibung

The significance of this text in Ethics lies in its effort to awaken a vital conviction of the genuine reality of moral problems and the value of reflective thought in dealing with them. To this purpose are subordinated the presentation in Part I. of historic material; the discussion in Part II. of the different types of theoretical interpretation, and the consideration, in Part III., of some typical social and economic problems which characterize the present. Experience shows that the student of morals has difficulty in getting the field objectively and definitely before him so that its problems strike him as real problems. Conduct is so intimate that it is not easy to analyze. It is so important that to a large extent the perspective for regarding it has been unconsciously fixed by early training. The historical method of approach has proved in the classroom experience of the authors an effective method of meeting these difficulties. To follow the moral life through typical epochs of its development enables students to realize what is involved in their own habitual standpoints; it also presents a concrete body of subject-matter which serves as material of analysis and discussion.

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Published 2017

All rights reserved

TABLE OF CONTENTS

CHAPTER I

PART I

CHAPTER II

CHAPTER III

CHAPTER IV

CHAPTER V

CHAPTER VI

CHAPTER VII

CHAPTER VIII

CHAPTER IX

PART II

CHAPTER X

CHAPTER XI

CHAPTER XII

CHAPTER XIII

CHAPTER XIV

CHAPTER XV

CHAPTER XVI

CHAPTER XVII

CHAPTER XVIII

CHAPTER XIX

PART III

CHAPTER XX

CHAPTER XXI

CHAPTER XXII

CHAPTER XXIII

CHAPTER XXIV

CHAPTER XXV

CHAPTER XXVI

CHAPTER I 

INTRODUCTION

§ 1. DEFINITION AND METHOD

Provisional Definition.—The place for an accurate definition of a subject is at the end of an inquiry rather than at the beginning, but a brief definition will serve to mark out the field. Ethics is the science that deals with conduct, in so far as this is considered as right or wrong, good or bad. A single term for conduct so considered is "moral conduct," or the "moral life." Another way of stating the same thing is to say that Ethics aims to give a systematic account of our judgments about conduct, in so far as these estimate it from the standpoint of right or wrong, good or bad.

Ethical and Moral.—The terms "ethics" and "ethical" are derived from a Greek word ethos which originally meant customs, usages, especially those belonging to some group as distinguished from another, and later came to mean disposition, character. They are thus like the Latin word "moral," from mores, or the German sittlich, from Sitten. As we shall see, it was in customs, "ethos," "mores," that the moral or ethical began to appear. For customs were not merely habitual ways of acting; they were ways approved by the group or society. To act contrary to the customs of the group brought severe disapproval. This might not be formulated in precisely our terms—right and wrong, good and bad,—but the attitude was the same in essence. The terms ethical and moral as applied to the conduct of to-day imply of course a far more complex and advanced type of life than the old words "ethos" and "mores," just as economics deals with a more complex problem than "the management of a household," but the terms have a distinct value if they suggest the way in which the moral life had its beginning.

Two Aspects of Conduct.—To give a scientific account of judgments about conduct, means to find the principles which are the basis of these judgments. Conduct or the moral life has two obvious aspects. On the one hand it is a life of purpose. It implies thought and feeling, ideals and motives, valuation and choice. These are processes to be studied by psychological methods. On the other hand, conduct has its outward side. It has relations to nature, and especially to human society. Moral life is called out or stimulated by certain necessities of individual and social existence. As Protagoras put it, in mythical form, the gods gave men a sense of justice and of reverence, in order to enable them to unite for mutual preservation. And in turn the moral life aims to modify or transform both natural and social environments, to build a "kingdom of man" which shall be also an ideal social order—a "kingdom of God." These relations to nature and society are studied by the biological and social sciences. Sociology, economics, politics, law, and jurisprudence deal particularly with this aspect of conduct. Ethics must employ their methods and results for this aspect of its problem, as it employs psychology for the examination of conduct on its inner side.

The Specific Problem of Ethics.—But ethics is not merely the sum of these various sciences. It has a problem of its own which is created by just this twofold aspect of life and conduct. It has to relate these two sides. It has to study the inner process as determined by the outer conditions or as changing these outer conditions, and the outward behavior or institution as determined by the inner purpose, or as affecting the inner life. To study choice and purpose is psychology; to study choice as affected by the rights of others and to judge it as right or wrong by this standard is ethics. Or again, to study a corporation may be economics, or sociology, or law; to study its activities as resulting from the purposes of persons or as affecting the welfare of persons, and to judge its acts as good or bad from such a point of view, is ethics.

Genetic Study.—When we deal with any process of life it is found to be a great aid for understanding the present conditions if we trace the history of the process and see how present conditions have come about. And in the case of morality there are four reasons in particular for examining earlier stages. The first is that we may begin our study with a simpler material. Moral life at present is extremely complex. Professional, civic, domestic, philanthropic, ecclesiastical, and social obligations claim adjustment. Interests in wealth, in knowledge, in power, in friendship, in social welfare, make demand for recognition in fixing upon what is good. It is desirable to consider first a simpler problem. In the second place, this complex moral life is like the human body in that it contains "rudiments" and "survivals." Some of our present standards and ideals were formed at one period in the past, and some at another. Some of these apply to present conditions and some do not. Some are at variance with others. Many apparent conflicts in moral judgments are explained when we discover how the judgments came to be formed in the first instance. We cannot easily understand the moral life of to-day except in the light of earlier morality. The third reason is that we may get a more objective material for study. Our moral life is so intimate a part of ourselves that it is hard to observe impartially. Its characteristics escape notice because they are so familiar. When we travel we find the customs, laws, and moral standards of other peoples standing out as "peculiar." Until we have been led by some such means to compare our own conduct with that of others it probably does not occur to us that our own standards are also peculiar, and hence in need of explanation. It is as difficult scientifically as it is personally "to see ourselves as others see us." It is doubtless true that to see ourselves merely as others see us would not be enough. Complete moral analysis requires us to take into our reckoning motives and purposes which may perhaps be undiscoverable by the "others." But it is a great aid to this completer analysis if we can sharpen our vision and awaken our attention by a comparative study. A fourth reason for a genetic study is that it emphasizes the dynamic, progressive character of morality. Merely to examine the present may easily give the impression that the moral life is not a life, a moving process, something still in the making—but a changeless structure. There is moral progress as well as a moral order. This may be discovered by an analysis of the very nature of moral conduct, but it stands out more clearly and impressively if we trace the actual development in history. Before attempting our analysis of the present moral consciousness and its judgments, we shall therefore give an outline of the earlier stages and simpler phases.

Theory and Practice.—Finally, if we can discover ethical principles these ought to give some guidance for the unsolved problems of life which continually present themselves for decision. Whatever may be true for other sciences it would seem that ethics at least ought to have some practical value. "In this theater of man's life it is reserved for God and the angels to be lookers on." Man must act; and he must act well or ill, rightly or wrongly. If he has reflected, has considered his conduct in the light of the general principles of human order and progress, he ought to be able to act more intelligently and freely, to achieve the satisfaction that always attends on scientific as compared with uncritical or rule-of-thumb practice. Socrates gave the classic statement for the study of conduct when he said, "A life unexamined, uncriticized, is not worthy of man."

§ 2. CRITERION OF THE MORAL

It is not proposed to attempt at this point an accurate or minute statement of what is implied in moral conduct, as this is the task of Part II. But for the purposes of tracing in Part I. the beginnings of morality, it is desirable to have a sort of rough chart to indicate to the student what to look for in the earlier stages of his exploration, and to enable him to keep his bearings on the way.

Certain of the characteristics of the moral may be seen in a cross-section, a statement of the elements in moral conduct at a given time. Other characteristics come out more clearly by comparing later with earlier stages. We give first a cross-section.

1. Characteristics of the Moral Life in Cross-section.—In this cross-section the first main division is suggested by the fact that we sometimes give our attention to what is done or intended, and sometimes to how or why the act is done. These divisions may turn out to be less absolute than they seem, but common life uses them and moral theories have often selected the one or the other as the important aspect. When we are told to seek peace, tell the truth, or aim at the greatest happiness of the greatest number, we are charged to do or intend some definite act. When we are urged to be conscientious or pure in heart the emphasis is on a kind of attitude that might go with a variety of acts. A newspaper advocates a good measure. So far, so good. But people may ask, what is the motive in this? and if this is believed to be merely selfish, they do not credit the newspaper with having genuine interest in reform. On the other hand, sincerity alone is not enough. If a man advocates frankly and sincerely a scheme for enriching himself at the public expense we condemn him. We say his very frankness shows his utter disregard for others. One of the great moral philosophers has indeed said that to act rationally is all that is necessary, but he at once goes on to claim that this implies treating every man as an end and not merely a means, and this calls for a particular kind of action. Hence we may assume for the present purpose a general agreement that our moral judgments take into account both what is done or intended, and how or why the act is done. These two aspects are sometimes called the "matter" and the "form," or the "content" and the attitude. We shall use the simpler terms, the What and the How.

The "What" as a Criterion.—If we neglect for the moment the How and think of the What, we find two main standpoints employed in judging: one is that of "higher" and "lower" within the man's own self; the other is his treatment of others.

The distinction between a higher and lower self has many guises. We speak of a man as "a slave to his appetites," of another as possessed by greed for money, of another as insatiately ambitious. Over against these passions we hear the praise of scientific pursuits, of culture, of art, of friendship, of meditation, or of religion. We are bidden to think of things σέμνα, nobly serious. A life of the spirit is set off against the life of the flesh, the finer against the coarser, the nobler against the baser. However misguided the forms in which this has been interpreted, there is no doubt as to the reality of the conflicting impulses which give rise to the dualism. The source is obvious. Man would not be here if self-preservation and self-assertion and sex instinct were not strongly rooted in his system. These may easily become dominant passions. But just as certainly, man cannot be all that he may be unless he controls these impulses and passions by other motives. He has first to create for himself a new world of ideal interests before he finds his best life. The appetites and instincts may be "natural," in the sense that they are the beginning; the mental and spiritual life is "natural," as Aristotle puts it, in the sense that man's full nature is developed only in such a life.

The other aspect of the What, the treatment of others, need not detain us. Justice, kindness, the conduct of the Golden Rule are the right and good. Injustice, cruelty, selfishness are the wrong and the bad.

Analysis of the How: the Right and the Good.—We have used right and good as though they might be used interchangeably in speaking of conduct. Perhaps this may in the end prove to be true. If an act is right, then the hero or the saint may believe that it is also good; if an act is good in the fullest sense, then it will commend itself as right. But right and good evidently approach conduct from two different points of view. These might have been noted when speaking of the content or the What, but they are more important in considering the How.

It is evident that when we speak of conduct as right we think of it as before a judge. We bring the act to a standard, and measure the act. We think too of this standard as a "moral law" which we "ought" to obey. We respect its authority and hold ourselves responsible. The standard is conceived as a control over our impulses and desires. The man who recognizes such a law and is anxious to find and to do his duty, we call conscientious; as governing his impulses, he has self-control; as squaring his conduct strictly by his standard, he is upright and reliable.

If I think of "good," I am approaching conduct from the standpoint of value. I am thinking of what is desirable. This too is a standard, but it is a standard regarded as an end to be sought rather than as a law. I am to "choose" it and identify myself with it, rather than to control myself by it. It is an "ideal." The conscientious man, viewed from this standpoint, would seek to discover the true good, to value his ends, to form ideals, instead of following impulse or accepting any seeming good without careful consideration. In so far as impulses are directed by ideals the thoroughly good man will be straightforward, "sincere": that is, he will not be moved to do the good act by fear of punishment, or by bribery, just as the upright man will be "governed by a sense of duty," of "respect for principles."

Summary of the Characteristics of the Moral.—To sum up the main characteristics of the moral life viewed in cross-section, or when in full activity, we may state them as follows:

On the side of the "what," there are two aspects:

(a) The dominance of "higher," ideal interests of knowledge, art, freedom, rights, and the "life of the spirit."

(b) Regard for others, under its various aspects of justice, sympathy, and benevolence.

On the side of the "how" the important aspects are:

(a) The recognition of some standard, which may arise either as a control in the guise of "right" and "law," or as measure of value in the form of an ideal to be followed or good to be approved.

(b) A sense of duty and respect for the law; sincere love of the good.

(a) and (b) of this latter division are both included under the "conscientious" attitude.

2. The Moral as a Growth.—The psychologists distinguish three stages in conduct: (a) Instinctive activity. (b) Attention; the stage of conscious direction or control of action by imagery; of deliberation, desire, and choice. (c) Habit; the stage of unconscious activity along lines set by previous action. Consciousness thus "occupies a curious middle ground between hereditary reflex and automatic activities upon the one hand and acquired habitual activities upon the other." Where the original equipment of instincts fails to meet some new situation, when there are stimulations for which the system has no ready-made response, consciousness appears. It selects from the various responses those which suit the purpose, and when these responses have become themselves automatic, habitual, consciousness "betakes itself elsewhere to points where habitual accommodatory movements are as yet wanting and needed." To apply this to the moral development we need only to add that this process repeats itself over and over. The starting-point for each later repetition is not the hereditary instinct, but the habits which have been formed. For the habits formed at one age of the individual's life, or at one stage of race development, prove inadequate for more complex situations. The child leaves home, the savage tribe changes to agricultural life, and the old habits no longer meet the need. Attention is again demanded. There is deliberation, struggle, effort. If the result is successful new habits are formed, but upon a higher level. For the new habits, the new character, embody more intelligence. The first stage, purely instinctive action, we do not call moral conduct. It is of course not immoral; it is merely unmoral. The second stage shows morality in the making. It includes the process of transition from impulse, through desire to will. It involves the stress of conflicting interests, the processes of deliberation and valuation, and the final act of choice. It will be illustrated in our treatment of race development by the change from early group life and customs to the more conscious moral life of higher civilization. The third stage, well-organized character, is the goal of the process. But it is evidently only a relative point. A good man has built up a set of habits; a good society has established certain laws and moral codes. But unless the man or society is in a changeless world with no new conditions there will be new problems. And this means that however good the habit was for its time and purpose there must be new choices and new valuations. A character that would run automatically in every case would be pretty nearly a mechanism. It is therefore the second stage of this process that is the stage of active moral consciousness. It is upon this that we focus our attention.

Moral growth from the first on through the second stage may be described as a process in which man becomes more rational, more social, and finally more moral. We examine briefly each of these aspects.

The Rationalizing or Idealizing Process.—The first need of the organism is to live and grow. The first instincts and impulses are therefore for food, self-defence, and other immediate necessities. Primitive men eat, sleep, fight, build shelters, and give food and protection to their offspring. The "rationalizing" process will mean at first greater use of intelligence to satisfy these same wants. It will show itself in skilled occupations, in industry and trade, in the utilizing of all resources to further man's power and happiness. But to rationalize conduct is also to introduce new ends. It not only enables man to get what he wants; it changes the kind of objects that he wants. This shows itself externally in what man makes and in how he occupies himself. He must of course have food and shelter. But he makes temples and statues and poems. He makes myths and theories of the world. He carries on great enterprises in commerce or government, not so much to gratify desires for bodily wants as to experience the growth of power. He creates a family life which is raised to a higher level by art and religion. He does not live by bread only, but builds up gradually a life of reason. Psychologically this means that whereas at the beginning we want what our body calls for, we soon come to want things which the mind takes an interest in. As we form by memory, imagination, and reason a more continuous, permanent, highly-organized self, we require a far more permanent and ideal kind of good to satisfy us. This gives rise to the contrast between the material and ideal selves, or in another form, between "the world" and "the spirit."

The Socializing Process.—The "socializing" side of the process of development stands for an increased capacity to enter into relations with other human beings. Like the growth of reason it is both a means and an end. It has its roots in certain instincts—sex, gregariousness, parental instincts—and in the necessities of mutual support and protection. But the associations thus formed imply a great variety of activities which call out new powers and set up new ends. Language is one of the first of these activities and a first step toward more complete socialization. Coöperation, in all kinds of enterprises, interchange of services and goods, participation in social arts, associations for various purposes, institutions of blood, family, government, and religion, all add enormously to the individual's power. On the other hand, as he enters into these relations and becomes a "member" of all these bodies he inevitably undergoes a transformation in his interests. Psychologically the process is one of building up a "social" self. Imitation and suggestion, sympathy and affection, common purpose and common interest, are the aids in building such a self. As the various instincts, emotions, and purposes are more definitely organized into such a unit, it becomes possible to set off the interests of others against those interests that center in my more individual good. Conscious egoism and altruism become possible. And in a way that will be explained, the interests of self and others are raised to the plane of rights and justice.

What is Needed to Make Conduct Moral.—All this is not yet moral progress in the fullest sense. The progress to more rational and more social conduct is the indispensable condition of the moral, but not the whole story. What is needed is that the more rational and social conduct should itself be valued as good, and so be chosen and sought; or in terms of control, that the law which society or reason prescribes should be consciously thought of as right, used as a standard, and respected as binding. This gives the contrast between the higher and lower, as a conscious aim, not merely as a matter of taste. It raises the collision between self and others to the basis of personal rights and justice, of deliberate selfishness or benevolence. Finally it gives the basis for such organization of the social and rational choices that the progress already gained may be permanently secured, while the attention, the struggle between duty and inclination, the conscious choice, move forward to a new issue. Aristotle made these points clear:

"But the virtues are not in this point analogous to the arts. The products of art have their excellence in themselves, and so it is enough if when produced they are of a certain quality; but in the case of the virtues, a man is not said to act justly or temperately (or like a just or temperate man) if what he does merely be of a certain sort—he must also be in a certain state of mind when he does it: i.e., first of all, he must know what he is doing; secondly, he must choose it, and choose it for itself; and, thirdly, his act must be the expression of a formed and stable character."

Summary of the Characteristics of the Moral as Growth.—The full cycle has three stages:

(a) Instinctive or habitual action.

(b) Action under the stress of attention, with conscious intervention and reconstruction.

(c) Organization of consciously directed conduct into habits and a self of a higher order: Character.

The advance from (a) to and through (b) has three aspects.

(a) It is a rationalizing and idealizing process. Reason is both a means to secure other ends, and an element in determining what shall be sought.

(b) It is a socializing process. Society both strengthens and transforms the individual.

(c) It is a process in which finally conduct itself is made the conscious object of reflection, valuation, and criticism. In this the definitely moral conceptions of right and duty, good and virtue appear.

§ 3. DIVISIONS OF THE TREATMENT

Part I., after a preliminary presentation of certain important aspects of group life, will first trace the process of moral development in its general outlines, and then give specific illustrations of the process taken from the life of Israel, of Greece, and of modern civilization.

Part II. will analyze conduct or the moral life on its inner, personal side. After distinguishing more carefully what is meant by moral action, and noting some typical ways in which the moral life has been viewed by ethical theory, it will examine the meaning of right and good, of duty and virtue, and seek to discover the principles underlying moral judgments and moral conduct.

Part III. will study conduct as action in society. But instead of a general survey, attention will be centered upon three phases of conduct which are of especial interest and importance. Political rights and duties, the production, distribution, and ownership of wealth, and finally the relations of domestic and family life, all present unsettled problems. These challenge the student to make a careful examination, for he must take some attitude as citizen on the issues involved.

LITERATURE

The literature on specific topics will be found at the beginning of each Part, and at the close of the several chapters. We indicate here some of the more useful manuals and recent representative works, and add some specific references on the scope and methods of ethics. Baldwin's Dictionary of Philosophy and Psychology has selected lists (see especially articles, Ethical Theories, Ethics, Worth) and general lists (Vol. III.). Runze, Ethik, 1891, has good bibliographies.

Elementary Texts: Mackenzie, Manual of Ethics, 3rd ed., 1900; Muirhead, Elements of Ethics, 1892; Seth, A Study of Ethical Principles, 6th ed., 1902; Thilly, Introduction to Ethics, 1900.

Representative Books and Treatises in English: Green, Prolegomena to Ethics, 1883 (Idealism); Martineau, Types of Ethical Theory, 1885, 3rd ed., 1891 (Intuitionism); Sidgwick's Methods of Ethics, 1874, 6th ed., 1901 (Union of Intuitionist and Utilitarian Positions with careful analysis of common sense); Spencer, The Principles of Ethics, 1892-3 (Evolution); Stephen's Science of Ethics, 1882; The comprehensive work of Paulsen (System der Ethik, 1889, 5th ed., 1900) has been translated in part by Thilly, 1899; that of Wundt (Ethik, 1886, 3rd ed., 1903), by Titchener, Gulliver, and Washburn, 1897-1901. Among the more recent contributions, either to the whole field or to specific parts, may be noted: Alexander, Moral Order and Progress, 1889; 2nd ed., 1891; Dewey, Outlines of Ethics, 1891, and The Study of Ethics, A Syllabus, 1894; Fite, An Introductory Study of Ethics, 1903; Höffding, Ethik (German tr.), 1887; Janet, The Theory of Morals (Eng. tr.), 1884; Ladd, The Philosophy of Conduct, 1902; Mezes, Ethics, Descriptive and Explanatory, 1900; Moore, Principia Ethica, 1903; Palmer, The Field of Ethics, 1902, The Nature of Goodness, 1903; Taylor, The Problem of Conduct, 1901; Rashdall, The Theory of Good and Evil, 1907; Bowne, The Principles of Ethics, 1892; Rickaby, Moral Philosophy, 1888.

Histories of Ethics: Sidgwick, History of Ethics, 3rd ed., 1892; Albee, A History of English Utilitarianism, 1902; Stephen, The Utilitarians, 1900; Martineau, Types of Ethical Theory; Whewell, Lectures on the History of Moral Philosophy in England, 1852, 1862; Köstlin, Geschichte der Ethik, 2 vols., 1881-92 (ancient theories); Jodl, Geschichte der Ethik, 2 vols., 1882-89 (modern); Wundt, Ethik, Vol. II.; the histories of philosophy by Windelband, Höffding, Erdmann, Ueberweg, Falckenberg.

Scope and Method of Ethics: See the opening chapters in nearly all the works cited above, especially Palmer (Field of Ethics), Moore, Stephen, Spencer, Paulsen, and Wundt (Facts of the Moral Life); see also Ritchie, Philosophical Studies, 1905, pp. 264-291; Wallace, Lectures and Essays on Natural Theology and Ethics, 1898, pp. 194 ff.; Dewey, Logical Conditions of a Scientific Treatment of Morality (University of Chicago Decennial Publications, 1903); Stuart, The Logic of Self-realization, in University of California Publications: Philosophy, I., 1904; Small, The Significance of Sociology for Ethics, 1902; Hadley, Article Economic Theory in Baldwin's Dict.

Relation of Theory to Life: Green, Prolegomena, Book IV.; Dewey, International Journal of Ethics, Vol. I., 1891, pp. 186-203; James, same journal, Vol. I., 330-354; Mackenzie, same journal, Vol. IV., 1894, pp. 160-173.

PART I 

THE BEGINNINGS AND GROWTH OF MORALITY

GENERAL LITERATURE FOR PART I

Hobhouse, Morals in Evolution, 2 vols., 1906.

Westermarck, The Origin and Development of Moral Ideas, Vol. I., 1906.

Sutherland, The Origin and Growth of the Moral Instinct, 2 vols., 1898.

Wundt, Facts of the Moral Life, 1902; also Ethik, 3rd ed., 1903, Vol. I., pp. 280-523.

Paulsen, A System of Ethics, 1899, Book I.

Sumner, Folkways, 1907.

Bergmann, Ethik als Kulturphilosophie, 1904.

Mezes, Ethics, Descriptive and Explanatory, Part I.

Dewey, The Evolutionary Method as Applied to Morality, Philos. Review, XI., 1902, pp. 107-124, 353-371.

Adam Smith, Theory of Moral Sentiments, 1759.

Baldwin, Social and Ethical Interpretations, 1902.

Taylor, The Problem of Conduct, 1901, chap. iii.

Spencer, Data of Ethics, 1879; Psychology, 1872, Part IX., chs. v.-viii.

Ihering, Der Zweck im Recht, 3rd ed., 1893.

Steinthal, Allgemeine Ethik, 1885.

CHAPTER II 

EARLY GROUP LIFE

To understand the origin and growth of moral life, it is essential to understand primitive society. And while there is much that is uncertain, there is one fact of capital importance which stands out clearly. This is the dominant influence of group life. It is not asserted that all peoples have had precisely the same type of groups, or the same degree of group solidarity. It is beyond question that the ancestors of modern civilized races lived under the general types of group life which will be outlined, and that these types or their survivals are found among the great mass of peoples to-day.

§ 1. TYPICAL FACTS OF GROUP LIFE

Consider the following incident as related by Dr. Gray:

"A Chinese aided by his wife flogged his mother. The imperial order not only commanded that the criminals should be put to death; it further directed that the head of the clan should be put to death; that the immediate neighbors each receive eighty blows and be sent into exile; that the head or representatives of the graduates of the first degree (or B.A.) among whom the male offender ranked should be flogged and exiled; that the granduncle, the uncle, and two elder brothers should be put to death; that the prefect and the rulers should for a time be deprived of their rank; that on the face of the mother of the female offender four Chinese characters expressive of neglect of duty towards her daughter should be tattooed, and that she be exiled to a distant province; that the father of the female offender, a bachelor of arts, should not be allowed to take any higher literary degrees, and that he be flogged and exiled; that the son of the offenders should receive another name, and that the lands of the offender for a time remain fallow." (J. H. Gray, China, Vol. I., pp. 237 f.)

Put beside this the story of Achan:

Achan had taken for his own possession certain articles from the spoil of Jericho which had been set apart or "devoted" to Jehovah. Israel then suffered a defeat in battle. When Achan's act became known, "Joshua and all Israel with him took Achan, the son of Zerah, and the mantle, and the wedge of gold, and his sons and his daughters, and his oxen, and his asses, and his sheep, and his tent, and all that he had.... And all Israel stoned him with stones; and they burned them with fire and stoned them with stones." (Joshua vii: 24, 25.)

The converse of these situations is brought out in the regulations of the Kumi, a Japanese local institution comprising five or more households:

"As members of a Kumi we will cultivate friendly feelings even more than with our relatives, and will promote each other's happiness as well as share each other's grief. If there is an unprincipled or lawless person in a Kumi, we shall all share the responsibility for him." (Simmons and Wigmore, Transactions, Asiatic Society of Japan, xix., 177 f.)

For another aspect of the group take Cæsar's description of landholding among the Germans:

"No one possesses privately a definite extent of land; no one has limited fields of his own; but every year the magistrates and chiefs distribute the land to the clans and the kindred groups (gentibus cognationibusque hominum) and to those (other groups) who live together." (De Bell. Gall., VI., 22.)

Of the Greeks, our intellectual ancestors, as well as fellow Aryans, it is stated that in Attica, even to a late period, the land remained to a large degree in possession of ideal persons, gods, phylæ (tribes) or phratries, kinships, political communities. Even when the superficies of the land might be regarded as private, mines were reserved as public. The basis on which these kinship groups rested is thus stated by Grote:

"All these phratric and gentile associations, the larger as well as the smaller, were founded upon the same principles and tendencies of the Grecian mind—a coalescence of the idea of worship with that of ancestry, or of communion in certain special religious rites with communion of blood, real or supposed." "The god or hero, to whom the assembled members offered their sacrifices, was conceived as the primitive ancestor to whom they owed their origin."

Coulanges gives a similar statement as to the ancient family group:

"The members of the ancient family were united by something more powerful than birth, affection, or physical strength; this was the religion of the sacred fire, and of dead ancestors. This caused the family to form a single body both in this life and in the next."

Finally, the following passage on clanship among the Kafirs brings out two points: (1) That such a group life implies feelings and ideas of a distinctive sort; and (2) that it has a strength rooted in the very necessities of life.

"A Kafir feels that the 'frame that binds him in' extends to the clan. The sense of solidarity of the family in Europe is thin and feeble compared to the full-blooded sense of corporate union of the Kafir clan. The claims of the clan entirely swamp the rights of the individual. The system of tribal solidarity, which has worked so well in its smoothness that it might satisfy the utmost dreams of the socialist, is a standing proof of the sense of corporate union of the clan. In olden days a man did not have any feeling of personal injury when a chief made him work for white men and then told him to give all, or nearly all of his wages to his chief; the money was kept within the clan, and what was the good of the clan was the good of the individual and vice versa. The striking thing about this unity of the clan is that it was not a thought-out plan imposed from without by legislation upon an unwilling people, but it was a felt-out plan which arose spontaneously along the line of least resistance. If one member of the clan suffered, all the members suffered, not in sentimental phraseology, but in real fact." (Dudley Kidd, Savage Childhood, pp. 74 f.)

The above passages refer to Aryan, Semitic, Mongolian, and Kafir peoples. They could be matched by similar statements concerning nearly every people. They suggest a way of living, and a view of life very different from that of the American or of most Europeans. The American or European belongs to groups of various kinds, but he "joins" most of them. He of course is born into a family, but he does not stay in it all his life unless he pleases. And he may choose his own occupation, residence, wife, political party, religion, social club, or even national allegiance. He may own or sell his own house, give or bequeath his property, and is responsible generally speaking for no one's acts but his own. This makes him an "individual" in a much fuller sense than he would be if all these relations were settled for him. On the other hand, the member of such groups as are referred to in our examples above, has all, or nearly all, his relations fixed when he is born into a certain clan or family group. This settles his occupation, dwelling, gods, and politics. If it doesn't decide upon his wife, it at least usually fixes the group from which she must be taken. His conditions, in the words of Maine, are thus of "status," not of "contract." This makes a vast difference in his whole attitude. It will help to bring out more clearly by contrast the character of present morality, as well as to see moral life in the making, if we examine more carefully this group life. We shall find, as brought out in the passages already quoted, that the most important type of group is at once a kindred or family, an economic, a political, a religious, and a moral unit. First, however, we notice briefly the most important types of groups.

§ 2. KINSHIP AND HOUSEHOLD GROUPS

1. The Kinship Group.—The kinship group is a body of persons who conceive of themselves as sprung from one ancestor, and hence as having in their veins one blood. It does not matter for our study whether each group has actually sprung from a single ancestor. It is highly probable that the contingencies of food-supply or of war may have been an original cause for the constitution of the group, wholly or in part. But this is of no consequence for our purpose. The important point is that the members of the group regard themselves as of one stock. In some cases the ancestor is believed to have been an animal. Then we have the so-called totem group, which is found among North American Indians, Africans, and Australians, and was perhaps the early form of Semitic groups. In other cases, some hero or even some god is named as the ancestor. In any case the essential part of the theory remains the same: namely, that one blood circulates in all the members, and hence that the life of each is a part of the common life of the group. There are then no degrees of kindred. This group, it should be noted, is not the same as the family, for in the family, as a rule, husband and wife are of different kinship groups, and continue their several kinship relations. Among some peoples marriage ceremonies, indeed, symbolize the admission of the wife into the husband's kinship, and in this case the family becomes a kinship group, but this is by no means universally the case.

The feeling that one is first and foremost a member of a group, rather than an individual, is furthered among certain kin groups by a scheme of class relationship. According to this system, instead of having one definite person whom I, and I alone, regard and address as father or mother, grandfather, uncle, brother, sister, I call any one of a given group or class of persons mother, grandfather, brother, sister. And any one else who is in the same class with me calls the same persons, mother, grandfather, brother, or sister. The simplest form of such a class system is that found among the Hawaiians. Here there are five classes based upon the generations corresponding to what we call grandparents, parents, brothers and sisters, children, and grandchildren, but the words used to designate them do not imply any such specific parentage as do these words with us. Bearing this in mind, we may say that every one in the first class is equally grandparent to every one in the third; every one in the third is equally brother or sister to every other in the third, equally father or mother to every one in the fourth, and so on. In Australia the classes are more numerous and the relationships far more intricate and complicated, but this does not, as might be supposed, render the bond relatively unimportant; on the contrary, his relationship to every other class is "one of the most important points with which each individual must be acquainted"; it determines marital relations, food distribution, salutations, and general conduct to an extraordinary degree. A kinship group was known as "tribe" or "family" (English translation) among the Israelites; as genos, phratria, and phyle among the Greeks, gens and curia among the Romans; clan in Scotland; sept in Ireland; Sippe in Germany.

2. The Family or Household Group.—Two kinds of families may be noted as significant for our purpose. In the maternal family the woman remains among her own kin, and the children are naturally reckoned as belonging to the mother's kin. The husband and father is more or less a guest or outsider. In a blood feud he would have to side with his own clan and against that of his wife if his clan quarreled with hers. Clan and family are thus seen to be distinct. In the paternal, which easily becomes the patriarchal family the wife leaves her relatives to live in her husband's house and among his kin. She might then, as at Rome, abjure her own kindred and be formally adopted into her husband's gens or clan. The Greek myth of Orestes is an illustration of the clashing of these two conceptions of father kin and mother kin, and Hamlet's sparing of his mother under similar circumstances, shows a more modern point of view.

It is evident that with the prevalence of the paternal type of family, clan and household ties will mutually strengthen each other. This will make an important difference in the father's relation to the children, and gives a much firmer basis for ancestral religion. But in many respects the environing atmosphere, the pressure and support, the group sympathy and group tradition, are essentially similar. The important thing is that every person is a member of a kindred, and likewise, of some family group, and that he thinks, feels, and acts accordingly.

§ 3. THE KINSHIP AND FAMILY GROUPS ARE ALSO ECONOMIC AND INDUSTRIAL UNITS

1. The Land and the Group.—In land, as a rule, no individual ownership in the modern sense was recognized. Among hunting and pastoral peoples there was, of course, no "ownership" by any group in the strict sense of modern law. But none the less, the group, large or small, had its fairly well-defined territory within which it hunted and fished; in the pastoral life it had its pasture range and its wells of water. With agriculture a more definite sense of possession arose. But possession was by the tribe or gens or household, not by the individual:

"The land belonged to the clan, and the clan was settled upon the land. A man was thus not a member of the clan, because he lived upon, or even owned, the land; but he lived upon the land, and had interests in it, because he was a member of the clan."

Greek and German customs were quoted at the outset. Among the Celts the laws of ancient Ireland show a transitional stage. "The land of the tribe consisted of two distinct allotments, the 'fechfine' or tribeland, and the 'orta' or inheritance land. This latter belonged as individual property to the men of the chieftain groups." The Hindoo joint-family and the house-community of the Southern Slavonians are present examples of group ownership. They are joint in food, worship, and estate. They have a common home, a common table. Maxims of the Slavs express their appreciation of community life: "The common household waxes rich"; "The more bees in the hive, the heavier it weighs." One difficulty in the English administration of Ireland has been this radical difference between the modern Englishman's individualistic conception of property and the Irishman's more primitive conception of group or clan ownership. Whether rightly or not, the Irish tenant refuses to regard himself as merely a tenant. He considers himself as a member of a family or group which formerly owned the land, and he does not admit the justice, even though he cannot disprove the legality, of an alienation of the group possession. For such a clan or household as we have described is not merely equivalent to the persons who compose it at a given time. Its property belongs to the ancestors and to the posterity as well as to the present possessors; and hence in some groups which admit an individual possession or use during life, no right of devise or inheritance is permitted. The property reverts at death to the whole gens or clan. In other cases a child may inherit, but in default of such an heir the property passes to the common possession. The right to bequeath property to the church was long a point on which civil law and canon law were at variance. The relations of the primitive clan or household group to land were therefore decidedly adapted to keep the individual's good bound up with the good of the group.

2. Movable Goods.—In the case of movable goods, such as tools, weapons, cattle, the practice is not uniform. When the goods are the product of the individual's own skill or prowess they are usually his. Tools, weapons, slaves or women captured, products of some special craft or skill, are thus usually private. But when the group acts as a unit the product is usually shared. The buffalo and salmon and large game were thus for the whole Indian group which hunted or fished together; and in like manner the maize which was tended by the women belonged to the household in common. Slavic and Indian house communities at the present day have a common interest in the household property. Even women and children among some tribes are regarded as the property of the group.

§ 4. THE KINSHIP AND FAMILY GROUPS WERE POLITICAL BODIES

In a modern family the parents exercise a certain degree of control over the children, but this is limited in several respects. No parent is allowed to put a child to death, or to permit him to grow up in ignorance. On the other hand, the parent is not allowed to protect the child from arrest if a serious injury has been done by him. The State, through its laws and officers, is regarded by us as the highest authority in a certain great sphere of action. It must settle conflicting claims and protect life and property; in the opinion of many it must organize the life of its members where the coöperation of every member is necessary for some common good. In early group life there may or may not be some political body over and above the clan or family, but in any case the kin or family is itself a sort of political State. Not a State in the sense that the political powers are deliberately separated from personal, religious, and family ties; men gained a new conception of authority and rose to a higher level of possibilities when they consciously separated and defined government and laws from the undifferentiated whole of a religious and kindred group. But yet this primitive group was after all a State, not a mob, or a voluntary society, or a mere family; for (1) it was a more or less permanently organized body; (2) it exercised control over its members which they regarded as rightful authority, not as mere force; (3) it was not limited by any higher authority, and acted more or less effectively for the interest of the whole. The representatives of this political aspect of the group may be chiefs or sachems, a council of elders, or, as in Rome, the House Father, whose patria potestas marks the extreme development of the patriarchal family.

The control exercised by the group over individual members assumes various forms among the different peoples. The more important aspects are a right over life and bodily freedom, in some cases extending to power of putting to death, maiming, chastising, deciding whether newly born children shall be preserved or not; the right of betrothal, which includes control over the marriage portion received for its women; and the right to administer property of the kin in behalf of the kin as a whole. It is probable that among all these various forms of control, the control over the marriage relations of women has been most persistent. One reason for this control may have been the fact that the group was bound to resent injuries of a member of the group who had been married to another. Hence this responsibility seemed naturally to involve the right of decision as to her marriage.

It is Membership in the Group Which Gives the Individual Whatever Rights He Has.—According to present conceptions this is still largely true of legal rights. A State may allow a citizen of another country to own land, to sue in its courts, and will usually give him a certain amount of protection, but the first-named rights are apt to be limited, and it is only a few years since Chief Justice Taney's dictum stated the existing legal theory of the United States to be that the negro "had no rights which the white man was bound to respect." Even where legal theory does not recognize race or other distinctions, it is often hard in practice for an alien to get justice. In primitive clan or family groups this principle is in full force. Justice is a privilege which falls to a man as belonging to some group—not otherwise. The member of the clan or the household or the village community has a claim, but the stranger has no standing. He may be treated kindly, as a guest, but he cannot demand "justice" at the hands of any group but his own. In this conception of rights within the group we have the prototype of modern civil law. The dealing of clan with clan is a matter of war or negotiation, not of law; and the clanless man is an "outlaw" in fact as well as in name.

Joint Responsibility and mutual support, as shown in the blood feud, was a natural consequence of this fusion of political and kindred relations. In modern life States treat each other as wholes in certain respects. If some member of a savage tribe assaults a citizen of one of the civilized nations, the injured party invokes the help of his government. A demand is usually made that the guilty party be delivered up for trial and punishment. If he is not forthcoming a "punitive expedition" is organized against the whole tribe; guilty and innocent suffer alike. Or in lieu of exterminating the offending tribe, in part or completely, the nation of the injured man may accept an indemnity in money or land from the offender's tribe. Recent dealings between British and Africans, Germans and Africans, France and Morocco, the United States and the Filipinos, the Powers and China, illustrate this. The State protects its own members against other States, and avenges them upon other States. Each opposes a united body to the other. The same principle carried out through private citizens as public agents, and applied to towns, is seen in the practice which prevailed in the Middle Ages. "When merchants of one country had been defrauded by those of another, or found it impossible to collect a debt from them, the former country issued letters of marque and reprisal, authorizing the plunder of any citizens of the offending town until satisfaction should be obtained." Transfer the situation to the early clan or tribe, and this solidarity is increased because each member is related to the rest by blood, as well as by national unity. The Arabs do not say "The blood of M. or N. has been spilt," naming the man; they say, "Our blood has been spilt." The whole group, therefore, feels injured and regards every man in the offender's kin as more or less responsible. The next of kin, the "avenger of blood," stands first in duty and privilege, but the rest are all involved in greater or less degree.

Within the Group each member will be treated more or less fully as an individual. If he takes his kinsman's wife or his kinsman's game he will be dealt with by the authorities or by the public opinion of his group. He will not indeed be put to death if he kills his kinsman, but he will be hated, and may be driven out. "Since the living kin is not killed for the sake of the dead kin, everybody will hate to see him."

When now a smaller group, like a family, is at the same time a part of a larger group like a phratry or a tribe, we have the phase of solidarity which is so puzzling to the modern. We hold to solidarity in war or between nations; but with a few exceptions we have replaced it by individual responsibility of adults for debts and crimes so far as the civil law has jurisdiction. In earlier times the higher group or authority treated the smaller as a unit. Achan's family all perished with him. The Chinese sense of justice recognized a series of degrees in responsibility dependent on nearness of kin or of residence, or of occupation. The Welsh system held kinsmen as far as second cousins responsible for insult or injury short of homicide, and as far as fifth cousins (seventh degree of descent) for the payment in case of homicide. "The mutual responsibility of kinsmen for saraal and galanas (the Wergild of the Germans), graduated according to nearness of kin to the murdered man and to the criminal, reveals more clearly than anything else the extent to which the individual was bound by innumerable meshes to his fixed place in the tribal community."

§ 5. THE KINSHIP OR HOUSEHOLD GROUP WAS A RELIGIOUS UNIT

The kinship or household group determined largely both the ideas and the cultus of primitive religion; conversely religion gave completeness, value, and sacredness to the group life. Kinship with unseen powers or persons was the fundamental religious idea. The kinship group as a religious body simply extended the kin to include invisible as well as visible members. The essential feature of religion is not unseen beings who are feared, or cajoled, or controlled by magic. It is rather kindred unseen beings, who may be feared, but who are also reverenced and loved. The kinship may be physical or spiritual, but however conceived it makes gods and worshippers members of one group.

1. Totem Groups.—In totem groups, the prevailing conception is that one blood circulates in all the members of the group and that the ancestor of the whole group is some object of nature, such as sun or moon, plant or animal. Perhaps the most interesting and intelligible account of the relation between the animal ancestor and the members of the group is that which has recently been discovered in certain Australian tribes who believe that every child, at its birth, is the reincarnation of some previous member of the group, and that these ancestors were an actual transformation of animals and plants, or of water, fire, wind, sun, moon, or stars. Such totem groups cherish that animal which they believe to be their ancestor and ordinarily will not kill it or use it for food. The various ceremonies of religious initiation are intended to impress upon the younger members of the group the sacredness of this kindred bond which units them to each other and to their totem. The beginnings of decorative art frequently express the importance of the symbol, and the totem is felt to be as distinctly a member of the group as is any of the human members.

2. Ancestral Religion.—At a somewhat higher stage of civilization, and usually in connection with the patriarchal households or groups in which kinship is reckoned through the male line, the invisible members of the group are the departed ancestors. This ancestor worship is a power to-day in China and Japan, and in the tribes of the Caucasus. The ancient Semites, Romans, Teutons, Celts, Hindoos, all had their kindred gods of the household. The Roman genius, lares, penates, and manes, perhaps the Hebrew teraphim,—prized by Laban and Rachel, kept by David, valued in the time of Hosea,—were loved and honored side by side with other deities. Sometimes the nature deities, such as Zeus or Jupiter, were incorporated with the kinship or family gods. The Greek Hestia and Roman Vesta symbolized the sacredness of the hearth. The kinship tie thus determined for every member of the group his religion.

Religion Completes the Group.—Conversely, this bond of union with unseen, yet ever present and powerful kindred spirits completed the group and gave to it its highest authority, its fullest value, its deepest sacredness. If the unseen kin are nature beings, they symbolize for man his dependence upon nature and his kinship in some vague fashion with the cosmic forces. If the gods are the departed ancestors, they are then conceived as still potent, like Father Anchises, to protect and guide the fortunes of their offspring. The wisdom, courage, and affection, as well as the power of the great heroes of the group, live on. The fact that the gods are unseen enhances tremendously their supposed power. The visible members of the group may be strong, but their strength can be measured. The living elders may be wise, yet they are not far beyond the rest of the group. But the invisible beings cannot be measured. The long-departed ancestor may have inconceivable age and wisdom. The imagination has free scope to magnify his power and invest him with all the ideal values it can conceive. The religious bond is, therefore, fitted to be the bearer, as the religious object is the embodiment in concrete form, of the higher standards of the group, and to furnish the sanction for their enforcement or adoption.

§ 6. GROUPS OR CLASSES ON THE BASIS OF AGE AND SEX

While the kindred and family groups are by far the most important for early morality, other groupings are significant. The division by ages is widespread. The simplest scheme gives three classes: (1) children, (2) young men and maidens, (3) married persons. Puberty forms the bound between the first and second; marriage that between the second and third. Distinct modes of dress and ornament, frequently also different residences and standards of conduct, belong to these several classes. Of groups on the basis of sex, the men's clubs are especially worthy of note. They flourish now chiefly in the islands of the Pacific, but there are indications, such as the common meals of the Spartans, of a wide spread among European peoples in early times. The fundamental idea