BOUGHT WITH THE INCOME FROM THE SAGE ENDOWMENT FUND THE GIFT OF 1891 Cornell University Library HM24 .P34 1898 Sugaestions toward an applied science of olin 3 1924 030 220 663 The original of tliis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030220663 Suggestions Toward An Applied Science of Sociology BY Edward Payson Payson G. P. PUTNAM'S SONS NEW YORK AND LONDON Xlbe IkiUchcrbocher iprees Copyright, 1898 BY EDWARD PAYSON PAYSON Entered at Stationers' Hall, London tCbe fkniciicthocbcv press, IRew l^orlfi PREFACE THE main proposition hereinafter submit- ted is that a physical as distinguished from although not antagonistic to an animistic science of sociology can now be formulated and practically utilized. A corollary from that is, that much human evil not hitherto sufficiently assigned to specific and physical causes, but viewed as intangible and so dealt with at arm's length, or largely left to theory, and reproof, may, because of its physical character, be reached and should be grappled with by the secular energies of the state. Illustrations of the practical application of this proposition and its corollary are then at- tempted in criminal law and public philan- thropy. It may not be true that an auxiliary science of applied sociology can rest upon physical as distinguished from animistic foundation premi- iv Preface ses, or that the time has come when knowledge of and power of manipulating the human or- ganism can be made the basis for a science of the improvement of communities ; but, as it thus seems to the author, he has ventured to say so. And if this incomplete setting forth of reasons therefor shall serve no better purpose than to whet a critic's knife to separate the above proposition, as an error, from the truth, and so to help us along toward that improve- ment in social relations which so much of pity, thought, and effort are striving for, the follow- ing pages may not, even then, be deemed wholly useless. The author would like to express his grate- ful recognition of the encouragement extended to him by Professor C. F. Brackett of Prince- ton, Mr. Arthur MacDonald of the United States Bureau of Education, and ex-Justice J. W. Symonds of the Supreme Court of Maine, in the preparation of this essay, but without thereby intimating that they are responsible for its reasoning or in accord with its conclusions. CONTENTS CHAPTER I PAGE INTRODUCTORY REFLECTIONS . . I CHAPTER II BEGINNINGS OF A THEORY 9 Social progress a phase of evolution. — Its acceleration dependent upon, First, favorable opportunity for, Second, absence of restraint upon, the complete development of the individual. CHAPTER III SOCIOLOGY A SCIENCE OF FACT, NOT ASSUMPTION 15 The suggestion that the physics of social progress be made an applied science based upon fact and not assumption. CHAPTER IV THE FIRST QUESTION RESTATED ... 23 How shall such science deal with the supersensible, or animism? — Discussion of this is discussion of ideas. — Two classes of ideas, one class having sensible correla- tives- in-fact, the other not.— The latter termed imagina- tion-ideas. — To which class do ideas of the supersensible belong? viii Contents CHAPTER V PAGE THE ANSWER INHERENT IN THE NATURE OF LANGUAGE . 32 (a) What words are. (i) " Consciousness " and kindred words. («■) The physics of " Consciousness." (a') A working hypothesis concerning consciousness. {/) The physics of " Intent." CHAPTER VI THE ANSWER TO THE FIRST QUESTION AND ITS POLITICAL VALUE . . . I05 Sociology as an applied science should not be an animistic science. — The reasons for this answer show that much hitherto regarded as supersensible should be politically treated as physical. — Consequences in broadening the rights and duties of the state. CHAPTER VII THE ANSWER DEFENDED . . . I24 Its tendency not hostile to the foundations of faith. CHAPTER VIII TRUE USE OF IMAGINATION-IDEAS IN PHYSICAL SOCIOLOGY 139 CHAPTER IX THE SECOND QUESTION STATED .... 142 Method and scope of physical sociology as an applied science. CHAPTER X APPLICATION OF THE SUGGESTIONS IN CRIMINAL LAW 153 Contents ix CHAPTER XI APPLICATION OF THE SUGGESTIONS IN EDUCATION . 205 CHAPTER XII APPLICATION OF THE SUGGESTIONS IN PUBLIC PHILANTHROPY OR BENEVOLENCE . . 215 CHAPTER XIII SUMMARY OF CONCLUSIONS 234 SUGGESTIONS TOWARD AN APPLIED SCIENCE OF SOCIOLOGY CHAPTER I INTRODUCTORY REFLECTIONS IN an opening scene, Goethe presents Faust struggling with the mysterious problems of the microcosm, seeking its origin, bemoaning its renunciations, questioning its purpose, until, resorting to the magic of Nos- tradamus, " he opens the book and beholds the sign of the macrocosm." In like bewilderment, many a man occasionally finds himself as an in- dividual confronting his existence as a whole, wondering what are the true relations between "my little body" and "this great world." And, sooner or later, on such bird's-eye view as his education and imagination permit, he, too, turns to "the sign of the macrocosm." 2 Applied Sociology Geology and astronomy, history and po- etry, are spells of a different order from those of Nostradamus, with which he may seek to bring before his eyes some, however inade- quate, view of that whole of which he is a part. By their aid it is possible to go backward in time until, in turn, is found no aesthetic culture, no humane civilization, no civilization, no na- tions, no families, no language, no anthropoid apes, no vertebrates, no saurians, no mollusca, no animal life, no vegetable life, no water, no solid earth, — nothing but aether and nebulae. Finally, nothing but some primal Source — the Logos, the God. And there, at the point where matter loses itself in spirit, within the potentiality of the first " star-dust," lies the all of yet invisible creation, the universe, its systems, and among them the cloud-girt earth, irradiated with splendors of sun and rainbow by day, of stars and moons and auroras by night, blooming into foliage, flower, and fruit, trembling into forms of animal life, and becoming the home of man, " The microcosm, the adding up of works," possessing emotion, reason, imagination, to dream of constructing and beautifying, to de- Introductory Reflections 3 vise methods and be happy in results, until, through seons of time, through geometrical series of transformation scenes, through more and more complex and delicate combinations, which we sum up as growth, this gradual crea- tion reaches to-day's material development in Christianity's nineteenth century. And while there are those who say there is no further progress, humanity as a whole ever strives to read a prophecy in this history writ- ten in earth and sky and waters, in the color of the flower, and in the face of man ; to trans- late the voice of nature throughout the gamut of her products, until in man it becomes re- ligion and belief, as a prophetic voice, musical with many a vague yet splendid promise, tell- ing of some vague yet thrilling vision of a diviner future in which humanity as a phoenix from the fires wherein its world was forged shall gain a yet clearer atmosphere and find the full justification for its creation. And notwithstanding phantoms, and shapes, and distorted idiosyncrasies of Individualism often associated with, or interrupting, this fund- amental belief, it ever grows and broadens, as though inherent in the very constitution of matter, constantly progressing, through new 4 Applied Sociology- combinations, toward higher planes of exist- ence. Where then is the culmination of this pro- gress ? If a higher level of life be visible, it is, abstractly, possible. Change is inevitable — it is everywhere a concomitant of life. But the to-and-fro movement of waves in this ris- ing life-tide does not indicate that here is the limit of all things. " The Word "—the " Word " that we cannot understand although we go back to it — has been " made flesh." Belief has somehow arisen that the power which presided at the beginning has embodied and partially revealed itself ; that nothing perishes ; that all things pass to new forms of higher activity. This was the old, dim Lucretian faith, with- out inductive reason. This is the conclusion of Darwinian reason. This Is also the Revela- tions — personification lighting up truth. To the earliest struggling atoms force was the father — the God, — as to humanity is its un- known, or personified, deity. What need had the chaos of creation, the first types of life, even the first animal life, of ideas of God or love or perfection ? But the yearning heart of man, in recognizing religion — Fetishism, Introductory Reflections 5 Fire-worship, Paganism, Christianity — and in adoring in each its central figure, may well have obeyed a like compulsion with that which drove together in elemental strife of cold and heat, of ice and flame, the constituent atoms of the first-formed particles of solid matter. Re- ligion itself may be in its origins not only ideal but atomic, complex, as is the complex being built from the growth of these same atoms. If " growth " is the law, the fact, it would be strange indeed had it not been so expressed, if this growth had not eventuated in the erec- tion of altars and the formulation of creeds. And again the question asserts itself; Where, then, is the culmination of this progress ? Faith, for answer, points toward the stars. Poets, prophets, preachers, clothe each with his own metaphor, each in his own language, the ever widening conception. Even science speaks and, perhaps with as wide an authority, confirms the vision of the mystic, the hope of the believer, the dream of the spirit of man, unfolding through the ages. " Ainsi, I'histoire du monde nous revele un progres qui s'est continue a travers les ages. Ce progres s'arre- tera-t-il ? J'ignore si, dans I'avenir, les plantes porteront des fleurs plus belles, des fruits plus delicieux. Je ne 6 Applied Sociology sais si les animaux s'amelioreront, mais ce qu'on peut assurer c'est que I'homme n'a pas atteint son perfection- nement. Nous n'avons pas fini la serie des inventions qui changeront la face de la terre ; nous n'avons pas eleve nos ames autant que nous pouvons la faire." — Albert Gaudry, de I'Academie des Sciences, Rev. des Deux Monies., March i, 1896, p. 200. But this belief in progress excites questions which bring everyday life and the fundamental necessities of its continuance into a practical relation to this vast scheme of evolution. As the original " star-dust " followed its own duty and destiny, with work enough in its day, so to-day must humanity follow its own duty and destiny, and with this difference — that hu- manity knows more of its own work, is " conscious " of it, even to the capability of ad- vancing it. As the visible universe — the macro- cosm — appears to us but material, as was the original "star-dust," for a grander universe, of which religion is a promise and for which man's aspiration is a prayer ; so in the micro- cosm — the lesser life of the individual — its own constituents are factors for progress. If this progress is the law of all life and the humanity of to-day has a part in it, what is humanity's individuality ? What has it most of, Introductory Reflections 7 that can be best worked into the scheme of the ages ? What shall the humanity of to-day do, make, leave ? Here is what we call imagina- tion — to picture new conditions ; reason — to pass judgment on this imagination ; emotion — to enable participation in and enjoyment of that which it shall help to make for not only itself but for all time. Here are humanity and its units, the " atoms " for a higher growth, to be combined into or consolidated with the vaster life of the universe. Everything that we have individually loved and lost out of our eyes but not out of ourselves ; everything that we have longed for and not in any part possessed or accomplished ; every danger that the now is the all of our individuality ; every hope that this same now is but a point of change and growth of that same individuality until it be purged of its dross and supple- mented in its powers, — calls to us to seek dili- gently to appreciate, even unto enthusiastic self-surrender into harmony with such law of growth, this universal development, that man, in the superiority of acquired self-consciousness and reason, may hasten — even faster than the forming atoms, that, in spaces lying far beyond the visible constellations, now strive to blend 8 Applied Sociology into particles of a nascent world — onward to- ward a life which is as much higher than ours as ours is beyond the life of the sea-swung anemone. The complex social life of to-day divides itself into that of the individual and that of the community. Humanity includes the one and the many. The individual has not only duties as an individual but also as part of society, of the state, of the community, with institutions and subdivisions which accomplish particular results. Religion is an institution ; govern- ment, an institution ; education, an institution ; law, an institution ; and humanity is approxi- mating toward philanthropy as an institution. All these, as well as the individual, are slowly to improve if progress is the truth of all this " weltering to-and-fro " which strikes the eye gazing upon only a part of a whole which is infinite. All this may suggest itself — and the promise and revelation of the New Testament may to some confirm it all — to him who can find the key to existence only by comparing it, how- ever vaguely, to some vast flower unfolding slowly into perfection. CHAPTER II BEGINNINGS OF A THEORY HOWSOEVER the belief be acquired, when one does believe that humanity grows ; that the individual becomes from age to age more complex and more capable ; that society becomes more many- sided and more comprehensive, — he has found a solid foundation for faith, effort, and even enthusiasm. He can at least forswear the weariness of the preacher who cried, " Vanity of vanities, all is vanity." Thus convinced, he turns again the pages of the story of past progress to learn how human- ity, individually and collectively, has grown, that he may understand how it will continue to grow. He reads that record of his progeni- tors and is astonished that study of its com- plex and often illegible pages shows the obstacles of growth to have in part arisen out of or been inherent in human nature itself, 9 lo Applied Sociology which, together with constructive, seems almost equally endowed with destructive or suicidal qualities ; so that no sooner has a civilization perfected itself than it straightway perishes from self-engendered overthrow. Again re- turning to the investigation, one considers in detail the phenomena which accompanied periods of progress, and those which were paramount in periods of decline. In some respects, they are inextricably mixed and con- fused. Thus selfishness, cruelty, debauchery, seem prominent in progressive as in retrogres- sive epochs ; while sentiments favorable to beauty, art, literature, comfort, signalize the downward career of every perished civilization. Slowly the searcher gropes his way through the dark catacombs of past ages, again emerges into a slowly dawning light, and brings forth conclusions more or less in harmony with these : (i) That humanity has advanced through the improvement of the individual ; and that this improvement has been automatic, natural, and voluntary, as the normal human being has been, by accident and personal striving, freed from denial and complete oppression, and scope given to all human energies. Beginnings of a Theory 1 1 (2) That the improvement of societies has been but the improvement of many individuals and their mutual relations. Again returning to the problem, one seeks to find what are the alterations which go on in the relations between individuals as they thus, from epoch to epoch, mount higher in the scale of being, and how these exhibit themselves. Here again one finds great darkness and difficulty. The changes are so numerous and are so interlaced with each other that one is wellnigh tempted to say, " Humanity im- proves ; and that is all there Is about it." But this is unsatisfactory. Finally, leaving other phases of the problem still to be approached, one general proposition seems clearly discernible, albeit of shadowy outline, through modern history, and, if not confirmed, at least not contradicted, by stren- uous inspection of earlier epochs ; and that proposition may be stated in this way among, perhaps, several other ways : Humanity has improved by such exertion of the normal, natural activity of the individual as to avoid the injury of either the individual or his fellows ; "growth," when uninterrupted, being as natural here as in the vegetable and 12 Applied Sociology animal kingdoms, until, in fact, " The thoughts of men are widened with the process of the suns." The growth of the individual has resulted from the free exercise of all muscular, mental, and emotional powers. The growth of society has resulted from the growth of the individual being restrained from encroachment upon and brought into proper relation with the growth of his fellows. Arrived at these conclusions, and convinced that they are prophetically as well as historically sound, they naturally em- body themselves in two propositions as to certain political essentials for further progress, viz. : First : The individual must be provided with chances for and be developed in all his powers. Second: His social relations must be framed to aid this development and to restrain inter- ference with it. These two propositions next appear to be a starting-point for practical study of sociology as an applied science of practical political, social progress. But it is at once plain that no merely orna- mental or curious or ingenious structure is Beginnings of a Theory 13 needed, but a working science or system, " true to nature " but not going beyond nature as understood. In nature, effects depend upon adequate and appropriate causes, giving rise to the formulation of a law of equivalents of success and failure in ethics and politics as well as in physics, which reveals itself through- out history, alike in the rise and fall of empires and in the least undertaking, moral or physical, of the individual. This proposed science of sociology, starting with the above two pro- positions, must conform to this law in all re- spects ; must, therefore, lean on no insufficient premise and offer no inefficient methods of in- dividual or social development ; must impose no useless treatment ; must provide no baseless assumptions in social institutions, in law, edu- cation, or philanthropy ; must, indeed, as to the individual in relation with society, show what price is to be paid and how and when shall be the payment, what causes must be set to work and how and when they shall be called upon, what plans shall be adopted and how they shall be administered in order to obtain such chances for and development of the indi- vidual and such social relations as make these chances sufficient and this development stable. 14 Applied Sociology It is at once manifest that such proposed science of sociology must be, for the present at least, of much less scope than an ardent enthusiast could wish for it ; that its proper boundaries are circumscribed within the circle of sensible phenomena, and, within this circle, limited by want of accurate knowledge, igno- rance, and the irregular development of society, as well as by the futility in social problems of reliance upon insufificient or unproven premises or upon theories incapable of accurate applica- tion. And this indicates that such a social science must depend upon exact data, labori- ously attained and very slowly extended. CHAPTER III SOCIOLOGY A SCIENCE OF FACT, NOT ASSUMPTION SCIENCE has been defined, broadly, as truth approximately complete within given boundaries, both in point of logical perfection of form and in point of ascertained verity of subject-matter. It includes the as- certainment of facts, the formulating of hypo- theses, the use of logic, deductive and inductive, experiment, and formulated conclusions. Sci- ence, as the name of arranged human acquire- ment, may be said to be not only actual knowledge of the past and present but poten- tial knowledge of the future, when supple- mented by formulas for foretelling results or equations for making the potential actual. It is further observable that what is in general termed science is based upon physical fact, as in chemistry and biology, where hypothesis is used only tentatively ; or largely upon hypo- thesis, as in psychology and ethics ; or upon 15 1 6 Applied Sociology fact and hypothesis inextricably mingled, as in the yet rudimentary science of political econ- omy and such attempts as have been made towards a science of sociology. It is evident that any social science, starting from the two propositions above suggested, must be a science oi fact ; and that hypothesis, although experi- mentally useful, must be rigorously excluded as a basis for action until confirmed. This suggestion that sociology, as an applied science of social progress, should be a science of fact assumes that it is possible for humanity to understand itself as well in laws of action as of birth and growth ; that an applied science of sociology is as possible as sciences of chemi- stry and medicine, which rest upon the basis of physical facts sensible to a physical organism, irrespective of theories of the ultimate source, nature, or proof of such facts, or of the destiny of humanity. But to rear a particular science whose premises are facts and not hypotheses, proper facts must be taken for premises. Already many classes of facts are well established as to this human being, since its anatomy, chemistry, physical needs of clothing, food, shelter, etc., its emo- tional needs of sympathy along many lines, its A Science of Fact 17 mental needs of activity, and, to a considerable degree, the whole range of facts as to birth, life, and decease are constantly widening, even to the examination of the physics of thought, will, intellect, and emotion. But there is a fundamental question as to man which either must be shown capable of being unanimously answered or else must be eliminated from consideration in this sug- gested science of sociology founded on fact. Let us examine this leisurely. When Mr. Disraeli appeared at a diocesan conference in the theatre at Oxford, at a time when Colenso on the " Pentateuch " and Darwin on the " Origin of Species " had not ceased to be subjects of daily discussion, he said : " What is the question now placed before society with a glib assurance the most astounding ? The question is this : Is man an ape or an angel ? I, my Lord, I am on the side of the angels, I repudiate with indignation and abhorrence the contrary view, which I believe foreign to the conscience of humanity. . . Between these two contending interpretations of man, society will have to divide. This rivalry is at the bottom of all human affairs." — Fronde's Lord Beacons fields 176. The " rivalry " is no less strong to-day. And it propounds the same question to every sci- 1 8 Applied Sociology ence which deals with man as a social being. But must sociology answer it, Aye or Nay? Shall sociology declare that it has for its pro- vince to usurp the function of the confessor, and, condensing all creeds to its service, to satisfy their variant acolytes with one litany ? Or shall it assume to unfrock all priests, ex- tinguish a hundred altar fires, and summon humanity to a new Carmagnole before a new " Goddess of Reason " ? As Disraeli said : " Man is a being born to believe, and if no church comes forward with its title-deeds of truth sustained by the traditions of sacred ages and by the convictions of countless generations to guide him, he will find altars and idols in his own heart, in his own imagination." And as Carlyle said, a propos of that same Carmag- nole : " Man is a born idol-worshipper, sight- worshipper, so sensuously imaginative is he ; and also partakes much of the nature of the ape." But must sociology take part in, and therefore take sides in, this rivalry ; and so be no unanimous science but merely the sworn ally of one extreme theory, the avowed enemy of the other? Is this necessary? Let us see ; we have already premised that a science of sociology, starting with the two A Science of Fact 19 general propositions above stated and depend- ing upon facts, must conform to the law of equivalents and offer no inappropriate or in- adequate or mysterious premises, means, or methods to accomplish any of its ends ; that it must be founded upon unanimity and not con- troversy, upon facts and not hypotheses ; that its principles must be such as are understood, and capable of administration and application, for otherwise they furnish no safe practical guidance. But this indicates how sociology may deal with this question which meets it in li7nine, namely : restate it to find if it admits of an answer in fact ; and if not, eliminate it from, as not falling within, the province of sociology as an applied science. But, at this juncture, some definitions are in order; for "reality," "fact," etc., are vague words. What " reality," what sort of "fact," are we talking about ? Now, the suggestion to attempt an applied science of sociology, beginning with the two above propositions, does not extend to a philo- sophy of sociology in the sense of an explana- tion of final causes, or beliefs, or phenomena. What is suggested is very much less than this, however involved in some philosophy. 20 Applied Sociology The " fact " or " reality " which is suggested as the basis of sociology is the ordinary, every- day, common-sense " reality," the phenomena of things and actions as they appear to us in daily life under investigation, analysis, or use. It is in the world of fact in which we reside and with which we deal, and concerning phe- nomena of that world, that this science is proposed — a science of sensible phenomena, not a philosophy of noumena or " things in themselves." Our relations with this world are through the senses, and the facts and real- ity here intended are such as are sensible, such as applied sciences, as distinguished from theology or metaphysics, take for their several provinces. That sensible " facts " are final truths, that the senses are final arbiters of ultimate " real- ity," is a proposition finding in its way many obstacles, some of which have been lately set forth in Mr. Balfour's chapter on "The Philo- sophic Basis of Naturalism," in Foundations of Belief . If you concede that these and sim- ilar difficulties are an insuperable barrier to that philosophy which he terms " Naturalism," this does not do away with sensible existence as a phenomenon of the bulk of human life, or A Science of Fact 21 impeach the vakie of those applied sciences by which it is studied and dealt with by human- ity ; does not forbid a science of phenomena which are "facts" and "realities" of the same order and in the same sense that humanity it- self is a fact or a reality to itself Whether we are "all leaning against a pillar of shad- ows " is no part of the discussion herein pro- posed. The suggestion is to establish a science of the sensible phases of social growth, a physi- cal sociology, which shall take note of, state the apparent laws of and indicate the public and private action In which, as a whole, all may concur, however ardent may be the dis- putes over particular Incidents. Disputes, In- deed, occur in other applied sciences, such as chemistry and biology. It is not wonderful that the outposts of a scattered advance line should bring back different and sometimes divergent information, to be sifted and utilized, however, in the more accurate maps and surveys which those behind them are soon able to verify. Whatever the divergence In views. It is only a question of time or place when disagreement will be exchanged for unanimity as to all those phenomena which are in their nature sensible and not impossible although difficult of ap- 2 2 Applied Sociology proach or inspection, whether they be distant worlds, evasive aurorae, secret processes of life in plants, animals, and mankind, or the com- plex relations of men in a community. But this is not true of whatever is not sensi- ble, — of the mysterious power behind laws of gravitation, behind the secret of life, behind the existence at all of phenomena sensible by the human organism. Only the phantoms of imagination rise when man would call up the vast spirits who swing the world through its orbit, or would question the dsemons of indi- vidual lives. Such powers, spirits, daemons, are insensible ; their truth, their reality, their facts are of an altogether different order from the facts, the reality, the truth that may be the subject-matter of applied science. And so this question arising in limine, as to whether man is to be treated in sociology as partly spiritual, must, as above suggested, be restated to find whether it admits of an answer " in fact " as that word has now been defined ; and if not, then the question eliminates itself from soci- ology as an applied science. CHAPTER IV THE FIRST QUESTION RESTATED THE question is not at all as to whether man is partly a spiritual being, — that broad question is not raised, nor its affirmative, even by implication, doubted, nor its negative affirmed ; although in Chapter VII. the relation of the theory herein stated to that question will be suggested. No more than in sciences of biology, chemistry, and poli- tics are we searching even for an explanation of " things in themselves," to use a rather unhappy but accredited phrase ; but we are looking only for a plan of administration, for a set of rules of practice, for a right and prac- ticable method of treatment. If, as a result of the question, animism shall appear to be out of place in sociology as an applied sci- ence, this will be but parallel to a similar result in other applied sciences, as will be noticed at more length hereafter. The question, then, may be restated thus : 23 24 Applied Sociology What conclusions are possible from sensible existence as to the individual being part spirit- ual and part physical ? Has the individual any appreciably immaterial self so universally, identically, and sufficiently comprehended as to be capable of being unanimously dealt with by other individuals ? What is a human being as a unit, an individual, so far as and not a whit further than human knowledge at present can understand and unanimously agree to deal with him ? Now discussion of this question is, shunning controversy with Realist or Nominalist, dis- cussion of the ideas entertained concerning man and his nature. So far as an idea has as its cause or proto- type a sensible correlative thing, or action, or relation of things and actions, or a valid con- clusion of reason as in mathematics and logic, it represents what may be dealt with as reality, phenomenal or physical, i. e., subjected to treatment by applied science. But so far as an idea is purely what may be termed an im- agination-idea, — that is, an idea without any certain correlative-in-fact appreciable by the senses or by reason, — it represents but an hypothesis, assumption, figment. The First Question Restated 25 Now a mere hypothesis arising out of im- agination-ideas has often been a spar, a plank, upon the sea of the unknown, assisting to reach substantial terra firnia in many sciences ; hypothesis may or may not be finally demon- strated to have correlatives-in-fact, be brought within the domain of the senses and of reason, and so be proven fit for actual use. Until such demonstration, hypothesis should be only tentatively a premise in a science of fact. The facts of many sciences are gradually recruited from what, when made first, are un- demonstrable assumptions. For instance, the existence of an eether is still an assumption not yet fully demonstrated, but according with sensible facts as to electricity or light. The Ptolemaic theory and the hypothesis of phlo- giston have been each abandoned, and the sciences of chemistry and astronomy thereby modified and, so far as dependent on these premises, overthrown. So if, after having built up a science of sociology by applying logic to facts agreed upon, these facts should be discredited or enlarged, the science would be modified or destroyed accordingly. All science may be regarded as a sort of hand-to-mouth feeding of what has been called 26 Applied Sociology a " hunger for truth " seeking to widen the boundaries and possibilities of human life. Certainly, no one would offer contributions toward any phase of social science except ten- tatively. The late Brown-Sequard is said to have retracted one of his own theories in medicine, to which twenty years of acceptance might seem to have given a prescriptive right, except that in science there are no such things as statutes of limitation. Indeed, the very truth that the bounds of humanity are gradu- ally widening shows that " points of view " must change. For instance, having learned much through Darwin's statement of natural selection, we may still learn through Weis- mann's criticism. Partisans of neither may be content to know that both original cell and environment are equally essential to that grad- ual, progressing development which, on any terms, they are glad to be assured of ; to know that a cell including all species potentially demands, as does a seed, its fitting nurture to enable it to grow into variations or trans- mit its growth. Leaving hypotheses of its "how" and "why" to specialists, but receiv- ing their main conclusion, evolution may be availed of as an established premise, as a The First Question Restated 27 promise of social as well as personal progress, the best method of which is a practical problem for an applied science of sociology. But, to return, all mere imagination-ideas, all mere assumptions, are to be excluded in answering the above question. If a point is reached where fact as such is absent, there is to be no bridging of the chasm by any ima- ginary cable. Realization of hypothesis must be had before attempting to cross on it, some mere temporary fording-place higher up the stream being safer. That there is not, as is true, complete agree- ment as to all facts asserted by the senses or logic, is no excuse for piling the Ossa of useless hypothesis upon the Pelion of disputed facts and rolling " upon Ossa the leafy Olym- pus " of logomachy. Not only are positive imagination-ideas unre- liable, but often negative imagination-ideas as well. Thus, nothing is more common than to deny the possibilities of what is named mat- ter ; although the possibilities of that matter, constituting the material universe and in- cluding the purity of the diamond, the color of the rainbow, the lightsomeness of hydrogen, the instability of nitrogen, the sounds of music. 28 Applied Sociology the perfume of flowers, are, perhaps, beyond even the reach of imagination. It is difficult to find any idea of existence, of perfection, of beauty, that will not fall short of what this same matter occasionally exhibits to us. Even the Scripture speaks of that which is sown in corruption as being raised an incor- ruptible body. Yet matter is commonly spoken of as dead, inert. Who knows that ? What sense perceives that ? What reason offers it as a logical conclusion ? Evolution does not find it so, in its long look back to the cells from which life unfolds in endless transformations. That what matter is is unknown is no logi- cal premise for its inability. The inability of matter is an imaginary assumption, an im- aginary negative idea. Now, to either eliminate or make answer to this question, whether man has a comprehen- sible spiritual nature directly accessible to human treatment and with which social science founded on fact can deal, evidently it is necessary to see how far the ideas concerning such imma- terial ego have correlatives- in-f act which are comprehensible and sensible. And we natu- rally turn to question the sciences of the day. We have, following a common classification. The First Question Restated 29 a science of the stellar universe in astronomy ; of the earth in geology ; of the composition of bodies in chemistry ; of relations in mathema- tics ; of life in biology, which, as the science of living things, includes zoology, the science of animals, anthropology, the natural history of man, and anatomy and physiology as sciences of structure ; and many other sciences of sub- divisions, all of which are based upon physical facts and human reason, and deal with things perceived by or affecting the senses. From any or all of them it may be admitted to be, at present, impossible to either negative or affirm the proposed question. From sciences of mind and duty, as psychology and ethics, which are hypothetical and deal chiefly with imagination- ideas, no answer, can logically be expected. In fact, then, no answer to the present question has been given. But in the nature of things as at present constituted, can an answer be given ? Are any conclusions possible from the sensible facts of sensible existence, not only as to the individual being part physical and part spiritual, but as to the nature of the spiritual ? Suppose we go back to the medium of human intercourse and the vehicle of human thought. 30 Applied Sociology Philology has somewhat explored the origin and nature of human speech, of language, spoken and written. Suppose we ask it what is the intrinsic value of words as signs ; what words stand for ; why some words stand for ideas having as correlatives-in-fact sensible things, actions, and relations, and others merely for imagination-ideas which are without such correlatives. If, as must ex necessitate 7'ei be true, language can express all that we can know of everything which concerns us, from birth to immortality or annihilation, what are the present possibili- ties and limits of language ? Is it, itself, out- side of and far beyond humanity, so that some of its possible formulas may contain and render comprehensible superhuman truths, facts, theo- ries ? Or is language itself but a purely hu- man manufacture of signs for human only, and so, frequently, for only partial and limited activities, conceptions, accomplishments ? Does it confer a superhuman power, or merely enable a particular use of existing human powers ? Is it, in short, parallel and coterminous with or divergent from and infinitely more extended than human capacity ? There can be but one answer. Language, The First Question Restated 31 speech, words, cannot serve us beyond the Hmits of human finity. Human signs can re- present or stand for only what humanity can signify or express. What facts or reaHty, then, can and does humanity signify and express by means of spoken and written words, and especially by the words which express ideas of the super- sensible, of animism, of spirituality ? What was the origin of such words ? Did they originate in any correlatives-in-fact, sensible by the human organism ? These are precise questions, involving, not whether there be any correlatives-in-fact behind such ideas as are expressed in such words (such possibility is discussed post. Chapter VII.), but, what was the origin of such words? Did they spring out of what was sensibly demonstrated and tangible, or out of what was mysterious and intangible ? And this can be discovered only by tracing out the origin and import of the words which express ideas of spirituality, of animism, of the supersensible. CHAPTER V THE ANSWER INHERENT IN THE NATURE OF LANGUAGE (a) What Words Are LANGUAGE springing out of human life, we study human Hfe in studying this audible expression of it, while in search of a different method of treating a certain class of questions hitherto the prey of imagination, the sport of hypotheses, the victim of assump- tions not infrequently conceived in prejudice and enforced in partisanship. Explanation of some of the Valhalla conflicts and unsatisfactory results of all controversy and discussion resides in the absence of a common understanding of the signification of words. Each man's individuality makes his vocabulary individual and colors his greater or less facility in using an imperfect instrument, and this is a serious handicap in reaching after truth by discussion. This is observed upon by 32 The Answer 33 Lewes, Physical Basis of Mind, p. 363 ; Whit- ney, Language, etc., p. 20 seq. But what we are here concerned with is a far more serious matter, namely, the imperfection of words for use in appHed science arising from their ex- pressing not only facts and ideas of facts, but also ideas destitute of sensible correlatives-in- fact. Unless a fact is truthfully expressed by a word, discussion by means of the word is discussion of no known reality, but of a mere ejaculation ; not fact, but assumption ; not hu- manity and its environment, but only variously significant sounds mistaken for definitions. How is it possible to arrive at sensible or concrete truth if truth-processes are applied to non-existing or misconceived subjects, or are unprovided with a sufficient vehicle for the conveyance of truth ? Like other streams, that of language must run clear before it is serviceable in applied science. For instance, in some kinds of discussion — perhaps metaphysic, as such — the assumption or hypothesis of distinct constituent mental faculties may be allowable. But so surely as that hypothesis is taken as a statement of fact for practical use, so surely is the tossing about of its terms of phraseology — Will, Emotion, 34 Applied Sociology Judgment, Understanding, et id omne genus — chiefly a mere playing at mimes with words, somewhat as do other jugglers, who will con- vert what you suppose to be an ^g^ into a walking-stick, as you suppose, before your eyes. Words which convey either false or hypothetical meanings are capable subjects of like jugglery. To avoid the result of the use of such words in dealing with the sensible rela- tions between the human organism and the ex- ternal world, requires careful attention. Of course, the task of defining some words by other words suggests " lifting oneself by one's own waistband." However, many words have a clear, definite meaning, which makes their use possible in discussing the possible sig- nifications of more recondite words, whose use in applied science is futile in proportion as the signification is vague. Consequently, some- what more than obtaining a common meaning is here essential ; namely, to find the inherent limitations which the nature of the human or- ganism imposes upon its speech as in itself a phenomenon. And to do this, some well-known facts need to be briefly recalled to remind us that language is the vocally expressional mani- festation of social human activity. The Answer 35 Physically, a word is a sound. The vocal organs produce vibrations in the particles of air, which are transmitted to the ear. The motion or vibration is transferred from air part- icle to air particle until it reaches the ear, by virtue of the elasticity of the air in which waves known as sound-waves are generated. Thus vibrations of the air being impressed upon the ear produce the sensation of sound. The differences in sounds, by which they are distinguishable, are recognized by the organs of hearing because of peculiar characteristics of each sound, which progress from the source of sound until they become too enfeebled to produce any effect. The air particles do not travel but simply vibrate, and the different dis- tinguishing features of sound arise from differ- ences in the vibrations of the air particles. Thus differences in pitch are due to differences in the rate of vibration, so that the greater the number of vibrations in a given time, the higher is the pitch of the resulting sound. For instance, the ordinary pitch of a man's voice in speaking arises from about 128 vibra- tions per second ; the ordinary pitch of a wo- man's voice, from about 256 vibrations. The extent of the path traversed by the air particle 36 Applied Sociology in its to-and-fro motion gives rise to differences in loudness of a sound ; that is, the greater the amplitude of vibration, the louder is the result- ing sound. Vibrations whose amplitude does not exceed y,o-ro,o-oo" °^ ^'^ ^""-^^ ^^^ audible. The peculiarity which characterizes the instru- ment producing the sound, usually called " qual- ity " or " timbre," is due not to the rate or to the amplitude of vibration, but to what is called its form ; that is, the particular manner in which the air particle varies its velocity from instant to instant. Some sounds, particularly articulate speech, depend upon all these three characteristics, viz., quality, loudness, and pitch. It thus appears how, through the medium of the air, the vibrations of some resonant body, as for instance the organs of speech, impress themselves upon a listening ear ; and if one would follow the further physical operations, he may trace further the mechanism of the ear and the movements or changes which are by or through it communicated to the brain or entire nervous organization, and so perceive how, from the simplest ejaculation up to the most complex sentence, the purpose and re- sult of a word is to express something by the utterer. The Answer 37 Now, the use here proposed of the facts of philology is one which perhaps philologists themselves would not consider within their own province. The details of the natural his- tory or growth of language from its ejacula- tory or onomatopoetic origin up to the prose or poetry of the great masters of expression do not need attention in this connection so much as the general truth that such was its origin and that it increased as brain power increased, the quantity, and character in modu- lation and articulative differentiation of the words progressing from mere noise to quality or timbre, in the instinctive effort to give ap- propriate expression to varying impressions upon the utterer ; until language became the vehicle, the audible vocal means of communi- cation of ideas, thoughts, feelings, and sensa- tions, between individuals. Now, of what was language in its beginning, and of what is it to-day, the expression ? A sufficient answer to this subordinate ques- tion, for the purpose of the theory herein at- tempted only in outline, may be had from some quotations. Thus it is said by Professor Whitney, in Language and the Study of Language : 38 Applied Sociology " Speech, we know, is composed of external, audible signs for internal acts, for conceptions, — for ideas, taking that word in its most general sense." " We have seen that the final perfection of the noblest language has been the result of a slow and gradual development, under the impulse of tendencies and through the instrumentalities of processes which are even yet active in every living tongue ; that all this wealth has grown by long accumu- lation out of original poverty ; and that the actual germs of language were the scanty list of formless roots repre- senting a few of the most obvious sensible acts and phe- nomena appearing in ourselves, our fellow-creatures, and the nature by which we are surrounded." — Pp. 398, 403. And so Max Miiller, in Lectures on the Sci- ence of Langiiage, says : " After we had explained everything in the growth of language that can be explained, there remained at the end, as the only inexplicable residuum, what we called roots. These roots formed the constituent elements of all languages." " What, then are these roots ? In our modern languages roots can only be discovered by sci- entific analysis, and, even as far back as Sanskrit, we may say that no root was ever used as a noun or verb. But originally roots were thus used, and in Chinese we have fortunately preserved to us a representation of that primitive radical stage which, like the granite, underlies all other strata of human speech." " Roots, therefore, are not, as is commonly maintained, merely scientific abstractions, but they were used originally as real words." —Pp. 356-8. The Answer 39 Romanes, in Mental Evolution in Man, as- serts : " As we thus trace language backwards, its structure is found to undergo the following simplification. First of all, auxiliary words, suffixes, affixes, prepositions, copulas, particles, and, in short, all inflections, agglutina- tions, or other parts of speech which are concerned in the indication of relationship between the other component parts of a sentence, progressively dwindle and disappear. When these, which I will call relational words, are shed, language is left with what may be termed object-words (including pronominal words), attributive-words, action- words, and words expressive of states of mind or body, which, therefore, may be designated condition-words Roughly speaking, this classification corresponds with the grammatical nouns, pronouns, adjectives, active verbs, and passive verbs ; but as our regress through the history of language necessitates a total disregard of all gram- matical forms, it will conduce to clearness in my exposi- tion if we consent to use the terms suggested. " The next thing we notice is that the distinction be- tween object-words and attributive-words begins to grow indistinct, and eventually all but disappears : substan- tives and adjectives are fused in one, and whether the resulting word is to be understood as subject or predicate — as the name of the object or the name of a quality — depends upon its position in the sentence, upon the tone in which it is uttered, or, in still earlier stages, upon the gestures by which it is accompanied. Thus, as Professor Sayce remarks, ' the apposition of two substantives (and, a fortiori, of two such partly or wholly undifferentiated 40 Applied Sociology words as we are now contemplating) is the germ out of which no less than three grammatical conceptions have developed, — those of the genitive, of the predicate, and of the adjective.' " While this process of fusion is being traced in the case of substantives and adjectives, it becomes at the same time observable that the definition of verbs is grad- ually growing more and more vague, until it is difficult, and eventually impossible, to distinguish a verb at all as a separate part of speech. " Thus we are led back by continuous stages, or through greater and greater simplifications of language- structure, to a state of things where words present what naturalists might term so generalized a type as to include, each within itself, all the functions that afterwards sever- ally devolve upon different parts of speech. Like those animalcules which are at the same time but single cells and entire organisms, these are at the same time single words and independent sentences. Moreover, as in the one case there is life, in the other case there is meaning ; but the meaning, like the life, is vague and unevolved : the sentence is an organism without organs, and is gen- eralized only in the sense that it is protoplasmic. In view of these facts (which, be it observed, are furnished by languages still existing, as well as by the philo- logical record of languages long since extinct) it is im- possible to withhold assent from the now universal doctrine of philologists, — 'language dimishes the farther we look back in such a way that we cannot forbear con- cluding it must once have had no existence at all.' " Taking its origin from the ground of gesture-signs, The Answer 41 when it first begins to sprout into articulate utterance, there is absolutely no distinction to be observed between ' parts of speech.' " With the dawn of self-consciousness, however, pre- dication begins to become truly conceptual ; and thus enters upon its prolonged course of still gradual develop- ment in the region of introspective thought. " Whether we look to the psychogenesis of the indi- vidual or to that of the race, we alike find a demonstrable continuity of evolution from the lowest to the highest level of the sign-making faculty. " All the stages of ideation which we have seen to be characteristic of psychogenesis in a child are thus re- vealed to us as having been characteristic of psycho- genesis in mankind."— pp. 312, 314, 322-5, 354. Using these quotations to indicate the origin of language, and remarking that whether the "bow-wow" or onomatopoetic, the "pooh- pooh " or interjectional, or the " ding-dong " or instinctive theory, be the better estabHshed is immaterial and irrelevant for present pur- poses,* let us next, as Mr. Romanes suggests, p. 269, " consider the kind of meanings which * It may be that the "ding-dong" theory, so far as it asserts a condition of impression and response between man and his environ- ment, has not been sufficiently studied, or its inherent truth separated from its apparent error. See post p. 42 Applied Sociology roots convey." He then refers to the 1 2 1 roots into which Max Muller analyzes the Sanskrit language, agrees with Muller that the list might be greatly shortened, and notices that many of these express ideas far beyond the capacity of primitive man and " do not bring us within any measurable distance of the first beginnings of articulate speech" (p. 273). Mr. Romanes observes, p. 274, that this list is composed exclusively of verbs, and, in a note, p. 275, and again, p. 275, seq., he shows that the evidence preponderates in favor of nouns and pronouns as earlier than verbs which seem to require "a greater effort of abstraction," although probably roots at first stood for what we term the parts of speech. But, moreover, he observes, p. 273, how these roots " serve to show in a most striking manner that the ideas represented, although all of a general character, are nevertheless of the lowest degree of generality. Scarcely any of them present us with evidence of reflective thought as distinguished from the naming of objects of sense-perception, or of the simplest forms of activity which are immediately cognizable as such." As Professor Sayce remarks, as quoted by Mr. Romanes, p. 352, "we may be sure that The Answer 43 it was not the ' ideas of prime importance ' which primitive man struggled to represent, but those individual objects of which his senses were cognizant." Now, the point which interests us here is this, — that even the historical roots of the Sans- krit do not, and their far more distant ances- tors of course did not, indicate or express any ideas other than such as had sensible correla- tives-in-fact. Language originally expressed no animistic ideas. Whether Mr. Romanes is right in his further views, ch. xvi., as to the transition from brute to man and from inarticulate expression to articulate, is immaterial to the discussion in hand, in which we wish to know of what was language in its beginning, and of what is it to-day, the expression. And it appears that linguistic science has established that, in its beginning, it was the vocal expression only of ideas having corre- latives-in-fact, of impressions made upon the utterer by his environment of physical things and forces, and but little different from, even if it did not imperceptibly develop from, the vocal expression made by brutes. Now of what is language to-day the expression ? — 44 Applied Sociology Evidently, of all that it originally expressed, with an enormous increase in the quantity and character of the expression made possible by the progressing evolution of higher types of human individuals capable of coming into wider contact with nature and with them- selves. But it is now also expressive of what is termed abstract thought, of ideas not depend- ing upon physical counterparts, and of all that comes from what we term imagination, when exercising the power of forming mental images destitute of and not depending upon physical realities. Miiller says, speaking of Locke's observa- tions upon language two hundred years ago : " Thus the fact that all words expressive of immaterial conceptions are derived by metaphor from words ex- pressive of sensible ideas was for the first time clearly and definitely put forward by Locke, and is now fully confirmed by the researches of comparative philologists. All roots, i. e., all the immaterial elements of language, are expressive of sensuous impressions, and of sensuous impressions only ; and as all words, even the most abstract and sublime, are derived from roots, comparative philo- logy fully indorses the conclusions arrived at by Locke. This is what Locke says (iii. 4, 3) ; " ' It may also lead us a little toward the original of all our notions and knowledge, if we remark, how great The Answer 45 a dependence our words have on common sensible ideas ; and how those, which are made use of to stand for ac- tions and notions quite removed from sense, have their rise from thence, and from obvious sensible ideas are transferred to more abstruse significations, and made to stand for ideas that come not under the cognizance of our senses : e.g., to imagine.^ apprehend, comprehend, adhere, conceive, instil, disgust, disturbance, tranquillity, &c., are all words taken from the operations of sensible things, and applied to certain modes of thinking. Spirit, in its primary signification is breath ; ajigel, a messenger ; and I doubt not, but if ive could trace them to their sources, we should find, in all languages, the names which stand for things that fall not under our senses to have had their first rise from sensible ideas. By which we may give some kind of guess, what kind of notions they were and whence derived, which filled their minds, who were the first beginners of languages ; and how nature, even in the naming of things, unawares suggested to men the orig- inals and principles of all their knowledge ; whilst, to give names, that might make known to others any opera- tions they felt in themselves, or any other ideas that come not under their senses, they were fain to borrow words from ordinary known ideas of sensation, by that means to make others the more easily to conceive those operations they experimented in themselves, which made no outward sensible appearances ; and then, when they had got known and agreed names, to signify these in- ternal operations of their own minds, they were suffi- ciently furnished to make known by words all their other ideas, since they could consist of nothing but either of outward sensible perceptions, or of the inward opera- 46 Applied Sociology tions of their minds about them ; we having, as has been proved, no ideas at all, but what originally came either from sensible objects without, or what we feel within ourselves from the inward workings of our own spirits, of which we are conscious to ourselves within.' " — Vol. ii-, P- 355- And Miiller further observes : " We may use the names of material objects to express immaterial objects, if they can be rationally conceived. We can conceive, for instance, powers not within the ken of our senses, yet endowed with a material reality. We can call them spirits, literally breezes, though we understand perfectly well that by spirits we mean some- thing else than mere breezes. We can call them ghosts, a name connected viith. gust, yeast, gas, and other almost imperceptible vapors." — P. 363. Of course, many more, and perhaps more apposite, quotations might be made from writers who have traced out the development of language from its merely sensuous to its metaphorical significations ; but this volume, intended to be chiefly suggestive rather that either controversial or exhaustive, has no space for further quotation. Enough has perhaps been offered to bring out what we are here concerned with, namely, the true character of language and the fact that its words can The Answer 47 e'x.acily and truthfully express only ideas hav- ing rational or sensible correlatives-in-fact. And in order to sum up its origin, progress, and inherent limitations, which show the utter impossibility, in the present stage of humanity, that words should express facts or ideas of fact concerning anything but what is sensibly within the reach of humanity as at present constituted, the evolution of this condition and character of language may be, for present purposes, con- sidered somewhat as follows, upon authority, as a deduction of reason and as a conclusion from historical data ; it being, of course, under- stood that the period covered is representable by aeons, and that no perspective is intended but only the baldest of conclusions. In the slow progress of man's evolution, after physical states of hunger, cold, fright, desire, etc., and familiar acts and objects had found vocal expression or representation, more com- plex physical states, produced by action and reaction within the utterer himself, struggled for expression. Powers, causes, origins, in- visible and insensible, not apparent as physical facts, impressed the utterer ; resultant modes of nervous action gave birth to expression responsive to such action. 48 Applied Sociology In addition, therefore, to words indicating visible things, visible actions and conditions, came words which sought to express physical conditions of the utterer, whose causes might be wholly uncomprehended or falsely compre- hended, representing reactions in the physical organism of the utterer otherwise intangible or invisible. Long use of words thus origin- ally evoked followed, until they not only ex- pressed a physical fact or state but also an imagined noumenon. That is, in language, as expressing a state of the physique, there has come to be tacitly postulated not only its state but the imagined cause or source of it as a distinct part or faculty or entity. That the utterer is impressed is thus postulated as a sensation ; his internal response to it, as feeling and consciousness ; his external, audible re- sponse, as language ; and, finally, it is a common expression that this activity originates in some immaterial spiritual faculty or essence other than the mere physique. A word may be very far from a true definition. As Mephistopheles told Faust's student, a word may serve one in the absence of knowledge or facts. Thus such words contain, by accretion of erroneous mean- ings, half-truths and positive untruths, and The Answer 49 when thus impregnated with error they should be corrected for scientific use to represent whatever is sensibly known, particularly in case of uncomprehended phenomena whose real na- ture cannot safely be assumed. Only thus can language keep pace with human discovery and progress. Current definitions define in a circle. Thus, language is defined as " human speech," "sounds expressive of thought," "the expres- sion of ideas," and speech is said to be "the language of articulate sounds" ; thought, " the act of thinking," etc., and thinking, " the use of thought." But back of such definition lies the fact that conceptions, thoughts, ideas, are always accom- panied by internal physical processes, and that language and words are articulate sounds ex- pressing these processes. We may now answer the question proposed a few pages back : Of what is language the expression ? Having explored a little the head waters of the stream of language to find its origin and its essence, and possibly seen some reason for its present turbidness in the vague beginnings of human expression where language commenced, we reach a gen- 50 Applied Sociology eralization, which may be expressed in this proposition : The words out of which are built the great systems and beliefs and axioms of humanity are not always definitions and frequently not expressions of sensible reality, but are merely physical expressions of physical states, articu- late 7'esponses to impressions generated in our- selves and by our environment ; this articulation of impressions or suppositions being, in the last analysis, the audible reactions between man and his environment. From the history of language, " the rooted assumption, governing opinion even when not openly upheld or consciously made, that con- ceptions have real natural names, and that in a state of nature these will somehow break forth and reveal themselves under favoring circumstances," appears to be wholly false. — Professor Whitney, in Enc. Brit. " Philology," p. 766. And it further appears from the same source, that except so far as ejaculation or vocal sound is made in mediate or immediate response to a known or definite existence ; except so far as it expresses an idea having a known correlative-in- fact, — it is wholly devoid of any exact meaning ; The Answer 51 and if it were used again would still be without such meaning. So far, therefore, as articulate sounds grew into names of realities or actual- ities, or of ideas thereof, discussion by means of such names may be considered discussion of sensible things or ideas of sensible things ; and if by any logical process further facts as to such things can be reached, the names of such conclusions or ideas are names of actu- alities, or ideas of actualities. The history of language shows, however, an automatic tendency of the human organism to make explanations or assign origins for what did not make disclosure of its source ; and where explanation was not plainly found in experi- ence and so there were no facts to go by, im- agination came in to provide an origin and cause. Thus, language has come to contain words which stand for sensible things, rela- tions, or actions ; for sensible facts reached by the senses or reason concerning such things, actions, or relations ; and for corre- sponding ideas : and words which stand for no sensible reality, but only for suppositions, suggestions, or ideas, destitute of sensible cor- relatives-in-fact. In the development of lan- guage many words become hermaphrodite, so 52 Applied Sociology to speak, or capable of use to express either ideas having correlatives-in-fact or imagination- ideas. And from this double use it happens that the language of to-day is permeated with uncertainty, assumption, and error. It seems to clearly follow that, to exclude erroneous or unprovable conclusions, it is proper to elimi- nate from such words so much of that which in common acceptation they have come to im- port as does not actually represent such facts or ideas as alone can serve as premises for any science founded upon fact and not upon hypothesis. These observations apply to that class of words which imply or assert various phases of animism. Students of sociology, dealing speculatively, as hitherto has been the universal fashion, with human organism as being not only a physical body but also a spiritual ego, have not only dealt with physical facts but with assumed spiritual facts ; and so have drawn conclusions not only of physical fact but also of spiritual fact. Thus, in treatment and con- clusion, sociology has not been either a purely physical science of fact nor yet a purely speculative or metaphysical science. What- The Answer 53 ever of certainty has been established in the domains of the physical has been neutral- ized by the interwoven spiritualistic theories, as to which certainty or unanimity is to-day impossible ; and this suggests that the failure of sociology to keep pace with the develop- ment of the physical sciences may be traced to the fact that it has attempted to be a universal science, not only of the physical but of the spiritual as well — an attempt involuntary but not surprising in view of the tool with which sociology has worked, — language, — which has itself brought into sociology not only asser- tions of fact but also many pure assumptions. Other physical sciences in their inception suffered from the same source ; but as these in their natural development gradually became sciences exclusively of fact, — hypothesis being used but tentatively, — they soon escaped from many of the uncertainties with which they started. They unwittingly propounded much the same question which we see now lying at the threshold of sociology, and silently elimi- nated that question. Chemistry, astronomy, and kindred sciences were tacitly conceded to be not spiritual or animistic sciences but sci- ences within physical and understood limits ; 54 Applied Sociology because whether acids or stones or stars were dependent upon some spiritual essence was not a question which the science of their physical condition, action, and general laws required to be answered. Does not sociology yet await a similar treat- ment, a recasting of the meaning of words, a winnowing process to throw away assumption and garner fact ? And now to illustrate how this may be brought about, let us take a word which im- ports not only ideas which have correlatives-in- fact, but, perhaps more broadly than any other, also imports imagination-ideas which are unnec- essarily made the premises for conclusions which must be equally imaginative ; which premises and conclusions are quite aside from sensible facts. This word is "consciousness," representing, as used in its primary, fundamental meaning, how we are brought into knowledge or appre- hension of our own existence and of the exis- tence of an environment ; a meaning which does not, for instance, include any judgment such as is included in the meaning of the word " conscience," which implies not conscious- ness abstractly but consciousness of some The Answer 55 special, limited subject-matter and the passing of judgment upon its qualities of right and wrong. What we here wish to get at is, not what consciousness may take note of but whatever it takes note of — what it is in itself. How far can the ideas the word expresses be shown to have correlatives-in-fact capable of appre- hension and statement ? Must we dismiss it as standing for only mystery ? Must we refer it to some wholly supersensible cause ? Or can we, on the contrary, put our finger upon its physical if not its final character, and learn what constitutes that which we call " conscious- ness," so far as that is sensible and not supersensible ? Perhaps a preliminary glance at some of the ordinary definitions of this word may be useful. (b) "■Consciousness" and Kindred Words The Latin consciencia, or conscio, "to be privy with," or " to know with," includes no definition of the subject which" knows." The derivative word " conscience " has come to imply some idea of right and wrong as a 56 Applied Sociology- moral standard, as asserted by Whewell quoted in Webster's Dictionary. The Greek, Sanskrit, or Hebrew is said to have no word which impHes more than the nous of Aristotle. But the imagination-idea of a supersensible ego, from whatever dim and remote origin derived, when elaborated to include a moral and responsible alter ego or " man within," directing and controlling the physical man, is expressed in the derivatives of the Greek and Latin words. The scholastic philosophy seems partly chargeable with the present conceptions of what is called "consciousness," as arising not at all in the body but in this supersensible ego. Among modern lexicographers and meta- physicians, the word "consciousness" seems to import or assume not merely the physique and the supersensible ego but also a condition of this duplex entity in which an external or internal stimulus makes the physical part or organism respond to and reflect impressions made upon it. Sir William Hamilton, exponent of a spirit- ual philosophy ; religious teachers in behalf of natural or revealed religion ; Comte, Kant, The Answer 57 Schopenhauer, in behalf of more or less nega- tive systems of metaphysic ; Darwin and Romanes in applying evolution to solve ques- tions as to the development of intelligence and its variations of phase and degree, — might all agree to its having the latter import. Hamilton said, " Consciousness cannot be defined," because "the notion of consciousness is so elementary that it cannot be resolved into others" (Bowen's Ed., 125-6). Explanations — by those not satisfied to think with him that, although we " may be fully aware ourselves what consciousness is," definition is entirely inexpressible — have been variously phrased ; for instance : "To say that I am conscious of a feeling is merely to say that I feel it. To have a feeling is to be conscious, and to be conscious is to have a feeling. To be conscious of the prick of a pin is merely to have the sensation." — James Mill, Htcman Mind. But this only puts off, one step, the real question ; for what is it " to have a sensation " ? Others have relied wholly on the supersen- sible. " The mom.ent the first train of conscious intelligence is introduced, we have a set of 58 Applied Sociology phenomena which materialism can in no wise account for." — J. Fiske, Evolutionist, p. 282. The Century Dictionary gives the following, among other definitions : Cofiscious : (i) "In the act of feeling, or en- dowed with feeling." (2) " Aware of one's self " ; " capable of attributing one's sensa- tions," etc. (5) " Aware of an object, (a) of an internal object, feeling," etc. Consciotisness: ( i ) " State of being conscious ; of being aware of one's mental acts or states." Hamilton named self-consciousness "the state of being aware of one's self." " The power by which we apprehend the phenomena of the internal." But, not to multiply illustrations, " conscious- ness" and "self-consciousness" are now words which are universally conceded to imply an object and a subject, and to signify the subject as in the act of being aware either of itself as an object, or of another object, and of attitudes and complexities and combinations of such objects. The "being aware," or " apprehending," is by the theologian and the non-materialistic metaphysician thought of as a distinct act per- formed by or distinct state of activity of a The Answer 59 subjective, active, immaterial intelligence, dis- tinct from the body. Thus, in their view, consciousness is an act or state of an immate- rial ego. Historically, the word " consciousness," and its synonyms in other languages, seem in their first use to have expressed only the knowledge, not the nature, of that which knows ; next, the same meaning as "feeling" ; then a definition of the utterer, as endowed with a supersensi- ble ego, distinct from the physical body. And it is at this point that metaphysics, or, as Lewes phrases it, metemperics, properly be- gins. Whether the faculty called " atten- tion " is spiritual or not has been called " the pivotal question of metaphysics " by Mr. James, in his Psychology, (p. 448). Naturally it follows that if an uncompre- hensible mind or ego be predicated, its act as constituting consciousness may be called indefinable, and Mr. Sully may well say {E71C. Brit., vol. viii., p. 770), "All the laws of physical evolution can never help us to understand the first genesis of mind," — mean- ing by "mind" this immaterial ego. An unknown, viewless, imperceptible act, by an un- known, viewless, imperceptible actor, may be 6o Applied Sociology well considered as beyond accurate compre- hension, and so of exact definition. We can deal with it in its religious signification or by what is termed " faith." Yet the middle ground of mental philosophy or metaphysics, where neither religion nor science greatly pros- pers, has often been explored not only by meta- physicians but by physicists and publicists, in the light of what is supposed to be contained in the word and similar words ; and not infre- quently with the same fortune attending the use of all " dark lanterns." The words " mind," " consciousness," and " self-consciousness " have been taken to contain axiomatic spiritual truths which have been made premises for use in sociology and jurisprudence, as well as in theology and metaphysics. Now, if the first two are to be sciences of things wholly physical, these premises are out of place. In the two latter sciences, they are in place ; but even systems of metaphysics, rest- ing upon such assumed verbal premises treated as axiomatic definitions of some noumena which the words "mind" and "self-consciousness" strive to express (viz., that the one premise " mind " is " an active intelligence aware of itself," and the other premise, "self-conscious- The Answer 6i ness," is " an act or state " of the first), evi- dently depend for their uniformity (when correct in all else, as ratiocination, logic, etc.) upon the commonness of understanding of these words as premises ; and so, of course, differ as these premises are modified by what different writers include in the word " mind " and impute to its " self-consciousness," since hardly two metaphysicians can be found, each of whom intends exactly the same as and no more than his fellow by " mind " and " self- consciousness." Such, baldly, being the prevalent, vague ideas signified by " consciousness," what cor- relatives-in-fact of these ideas, so far as hu- man vision goes, can be found in the sensible facts of sensible existence ? What are the physics of consciousness ? (c) The Physics of " Consciousness" There are three factors involved, namely, things and actions ; ideas of things and actions ; and signs (language) for things, actions, and ideas of things and actions. The capacity named " imagination " produces ideas also of fictitious things and actions, which either do not exist at all, or not as imagined, or are 62 Applied Sociology without proof. A science of sensible fact can- not, of course, deal with such fictitious things and actions, or with ideas of them, but only with actual things and actions, and with ideas which have correlatives-in-fact. For instance, the correlatives-in-fact of ideas expressed by the words " the senses," " the five senses," are not hypothetical. The groups of cells capable of automatic activity and of being affected by and responding to excitations enabling the action and reaction between the human organism and the ocular, aural, and tactual phases of nature are sensible actuali- ties. Now let us glance at a familiar set of phenomena. The physical organism which becomes sensi- ble of a. thing — for example, an orange — in- cludes an eye, a nervous system and brain, and the whole individual as a complex unit existing within the air for breath and as a medium of sound (Helmholz, Enc. Brit., "Acoustics"), and within what is termed the aether as a me- dium of light (Huggens, Enc. Brit., " Light "). Light falls upon the orange, is reflected to the eye, is caught upon the retina, an impres- sion is made upon the brain, whereby the The Answer 63 form, size, and color of the orange affect the individual, causing some unseen activity. Nerves of smell and taste are excited, and, in turn, prompt lifting the orange to smell and eat it, thus communicating other effects to and exciting a further activity in the brain. Squeezing the orange moves the air-particles and communicates through the ear a sound, while nerves of touch convey through the nerves other impressions to the brain. In all, the organism has been acted upon through five different avenues by this orange, and has itself acted in turn, in what we term sensation appropriate to each of the five senses, and also has exercised such brain activity as thought and memory, formed an idea of the orange, and finally exhibited muscular movement, cul- minating in vocal expression of all or some of this action. (Huxley, Lay Sermons, " Descartes," 325.) The entire sensible action and reaction be- tween the organism and the orange is the sum of these nervous, cerebral, and muscular im- pressions and responses, finally expressed in the act of saying that we are conscio2is that we see, taste, touch, hear, and smell, remember, think about, desire, etc., the orange. 64 Applied Sociology If each and all of these relations be elimi- nated, consciousness of the orange, and its idea, are eliminated. Restore them — all or part — and consciousness is restored pro tanto. We cannot know that we taste without tast- ing ; we cannot taste without knowing that we taste. The two phenomena are physically identical. And so of the other senses. Thus the physical facts of consciousness of an object and the formation of ideas of and concerning the object, include impressions upon and re- sponses by the senses, nervous system, and brain. The organism of the sensitive plant is af- fected in one way by an object, but the organism of a man in many. Plant " irritabil- ity " is an illustration of the lowest terms of consciousness. The plant perceives, so to phrase it, that is, acts in response to the object, in only one way. But a human being per- ceives an orange by five bodily senses ; forms an idea of it ; and these five, or some of them, excite other actions of the body, — the hand is seen as it raises the orange, the jaws move in eating it, the sense of hunger comes into play, and just as the smell suggested how it would taste, so its taste and sight may excite memories The Answer 65 — prior brain and nervous action reproduced — until we pass from consciousness of the orange itself into forgetfulness of the orange, and into consciousness of a memory, i. c, a nervous condition previously a part of our experience. It is now possible to remember, describe, study, investigate, and reason about the orange by means of the idea of the orange, — the permanent or renewed brain condition caused by it, — and in so doing many subordi- nate ideas, each having a correlative-in-fact, are formed. So far, we have been looking at facts — at an actual object and ideas of it and its actualities. But now the brain action called imagination may begin. We may imagine that the orange melts at 100° ; for we can form an idea of a melting orange, and can state it as an hy- pothesis. This idea, as an idea, is as readily formed as the true ideas of the orange itself. It is, like those, an image, caused by and composed of an activity of the brain, of a thing and an action. We can learn whether this idea be true or not, by experiment. As an idea, it is like other ideas, and the con- sciousness of it is like consciousness of ideas of reality. In both cases the consciousness 66 Applied Sociology- consists in the brain activity constituting and concerned with the idea. It is evident, then, that the nature of consciousness of a real thing, action, or idea of such thing or action, is not different from the nature of consciousness of an idea of a fictitious thing or action. Our bodies and their environment, as sensible act- ualities, produce the brain action which we sub- divide as perception, ideation, ratiocination, etc., all of which may be included within the word "consciousness." Now what is this consciousness ? The word stands for, is a sign for, an Idea of something real, or imagined, or partly both. Has this idea of consciousness, like the idea of the orange which tastes sweet, a cor- relative-in-fact ? Or, like the idea of an orange melting at ioo°, has it no correlative-in-fact ? Or has it a correlative-in-fact in part and not in part, like an idea of an orange which tastes sweet and melts at ioo° ? The possibility of an insensible correlative- in-fact is discussed in Chapter VII. Let us treat consciousness as we have treated the orange, and ask. What correlative- in-fact can be found for the idea of conscious- ness ? It at once appears that what we name The Answer 67 — the ideas expressed by the word — " con- sciousness " includes the action and reaction between the individual and externals ; the complex actions of many interrelated physical bodily organs, originating under various influ- ences in the complexity of relations possible to the numerous and complex cells — matter organized to be capable of new movements — of the organized individual. These myriad movements and the entire range of physical human activities, from a single impression on through all ramifications and effects, culminate in sounds called speech, a vibration of the air, which communicates to some listening ear what has been the effect upon the individual. These sounds set in motion another set of impressions upon this second individual. Now all this is sensible phenomena. A proposition may therefore be roughly stated : Consciousness, so far as comprehensible, is physical activity of the human organism. The sensible correlatives-in-fact of the ideas expressed by the word " consciousness " are physical responses to physical impressions ; the possible sum of certain cerebral reactions, of objective and subjective activities ; the possi- 68 Applied Sociology ble aggregate of responses of neurotic seats of impressionability to impressions extraneous or automatic, including the impression of dif- ferences which the unlikeness of impressions produces. I feel, and I say "I feel"; my feeling and my saying so — i. e., the bodily move- ments of which "feeling" and "saying so" consist — are physical responses by cell and nerve and muscle to impressions. I think, and I say " I think," and of this action the same is true. " Speech," and the internal movements of feeling and thinking, are both demonstrably physical ; without any physical impression, internal or external, there is no correlative-in- fact of the word " consciousness." To some actual physical impression through the senses upon the brain, a response arises in the brain and discharges itself in sensation, feeling, mem- ory, or thought, and the word naming this impression and response is " consciousness." This shows where consciousness is bounded. We can respond only when impressed ; and what cannot excite the proper activity can no more engender consciousness than light can give sight to the eyeless fish of subter- ranean waters. And an organism that could The Answer 69 physically do everything that an individual can "do would be physically conscious ; would be an individual, as Descartes said ; " a giant with one idea," as Coleridge said of an en- gine (Crabb Robinson, p. 186, vol. ii.). Nor would it be, necessarily, a Frankenstein. If it were a complete physical reproduction of a given individual and placed in a precisely similar environment, it would be, physically, the double of such individual both passively and in its action ; and its activity of sense would be properly termed "consciousness." Why or how this activity whose sum-total is expressed by consciousness occurs, is not here in question. It is not necessary to comprehend either the author or the essence, origin, or limits of what is generally termed force — sometimes " change in relation " of matter — to say that the activity commonly termed " consciousness " can be descriptively defined so far as what physically occurs, and not why this occurs, any more than such comprehension is necessary to de- scriptively define the exercise of any of the senses. We need only the general ideas which have certain correlatives-in-fact, viz., first, that force (whatever its essence) acts upon 70 Applied Sociology matter, or, if preferred, that matter changes its relation with matter ; and second, that what we name "consciousness" is accompa- nied by, physically made up of, and consists in, movements of matter undergoing changes of relation. As the reasoning of Clerk Max- well, the poetic rapture of Milton, and the imagination of Kepler are, together with their physical expression, impossible without and accompanied by a series of complicated, inter- related physical activities ; so consciousness at a given moment is the sum of manifold, myriad, interwoven, correlated physical activi- ties. Outside of this there is no sensible cor- relative-in-fact to the word " consciousness." It is of a faint, dull quality, a mere sensitive- ness, or is of wider scope, according to the number and quality of the organs and functions involved, ranging from the low-grade nerve of the sensitive plant up to the manifold ego of a Goethe. Thus, the correlatives-in-fact of the ideas expressed by the word " consciousness " are a series of correlated physical actions, in which a multiplicity of causes produces a multiplicity of results, from the lowest grade of sensation to the highest form of emotion. It is limited The Answer 71 by the amount of action. It is action. What our language names " consciousness " is, so far as comprehensible, the activity of the matter of which we are made, including the activity called " knowing," and ranging from sensation to language. And consequently human lan- guage is limited by the susceptibility to im- pression and power of response as completely as is the language of the ocean or of the " whispering pines " : and this word " conscious- ness " is but the audible naminaf of certain activities of the organism. The finite sum- total of brain action, as it varies and fluctuates in response to impressions, external or self- engendered, is the sum-total of what the indi- vidual expresses in words as consciousness. Nor is this confounding object and subject. It is asked, How does the individual know that it is perceiving an object? How, everywhere, does the individual know that it perceives or feels ? The question is apparently unanswerable, and, if so, the physics of consciousness are un- explainable. But in fact the question is only unanswerable because it is zmaskable ; it is really an impossible question. It assumes what is unsusceptible of proof, — that you do 72 Applied Sociology know that you perceive or feel as an action over and above the perceiving or feeling. Of course, if you do not know that you see except by seeing, or that you feel except by feeling, the question of how you know that you per- ceive or feel is simply meaningless because its assumed premise fails. For if, when I say " I know that I see a green table-cloth," I am merely going on with the action which brings an image upon the retina, affects the brain, and so causes me to see and to say I am conscious of it, my verbal ex- pression of consciousness is but one with or part of the given action, not something over and above it. To illustrate : If a man be made to grasp a red-hot iron, the agony of which excludes all but one form of conscious- ness, every act of every part of him which acts at all is apparently physical, from the pain to the outcry. You say that beyond that is his knowing of the pain and the cry. There is no evidence of any act of " knowing" over and beyond the entire action of the body. The physical action of the hot iron upon the entire body, and the responses by the body made to its impression upon the body, are the same in nature but not in complexity with the impres- The Answer 73 sions made upon water by plunging the hot iron into it. The activity or consciousness or responsiveness of the man is infinitely more complex, because the action produced is of an infinitely more complex entity. The actions which are included in the signification of the words "pain," "outcry," are wholly absent in the case of the water. Let us here start again and differently, and make the matter clearer by expansion. Re- gard only what physically and discernibly tran- spires. What is it which happens physically to bring about what we term " conscious- ness " ? Unable to fully comprehend, we may thus see that consciousness is — to use a metaphorical expression — the hub of the wheel of the chariot of life ; even though where the tire is, how many spokes run to it, upon what track it is supported, and by what power propelled be hidden in the unseen thrills of the unexaminable nervous system. Taking a man as an entity, as we are affected by him and his actions, and as we know him physiologically ; assuming that beyond the knowledge, especially of those who are neither anatomists nor physicians, man's physiology is the same in kind as that part of him which is 74 Applied Sociology within the evidence of the senses, — consider his five senses by which he perceives externals and himself and has the power to respond to contact, as a single sense to be termed sense of contact. Whatever affects this sense may be termed inflex ; and the response made by the man may be termed reflex. This inflex and corresponding reflex may be the lowest or highest term of consciousness, and may result, or not, in what are termed thought, reason, and imagination, in turn oper- ating as new inffexes and occasioning reflexes. Multiply inflexes and so the reflexes, grant their preservation in memory as new internal inflexes, and you have the widest conscious- ness as yet given to humanity. For when the inflexes through the sense of contact are re- sponded to severally, partially, or collectively, and these responses fixed in memory as an echo, or picture, the responses themselves be- come internal inflexes, originating within the nerve-centres, so as to affect these immediately and produce a response or reflex. Sensible consciousness, then, is a physical response to physical impressions ; in its low forms comparable to the shrinking of the sen- sitive plant from an object presented ; in its The Answer 75 higher forms comparable to the activity of a musically competent person under the har- mony of a large orchestra. It may be objected that self-consciousness, including as it does such manifold action and diverse and complex states, cannot be a mere response to stimuli or inflexes. But to see ourselves out of a mirror differs not, in the es- sence of seeing, from seeing one's reflection in a mirror — or, in other words, from seeing any non-ego. And if to see the whole ego be pos- sible, it is no more difficult to see a part, a phase, an aspect of it. The body, as a whole and in parts, is itself sensible to its own senses, just as its environment is thus sensible. But it is asked, How do I know that I exer- cise a sense, that I see ? By seeing, or feeling myself see ? — Yes ; some of the senses must be affected by that action of the organism called "seeing." There may be a seeing like to the action of the sensitive plant, in which only that sense is in action, producing not conscious- ness but an activity not communicated to any other sense. To be self-conscious directly through the sense of sight, you must feel your- self see yourself. Self-consciousness does not always exist in dreams, nor when excited or 76 Applied Sociology affected by a single stimulus. But self-con- sciousness may accompany exercise of memory recalling the visions of sleep, or such stimulus. Consciousness is not necessarily self-con- sciousness. Self-perception in consciousness requires internal or automatic as well as ex- ternal impressions. Turn the senses or the brain upon yourself, and consciousness in- cludes the individual and you get self-con- sciousness. But whether the consciousness be of self or externals, there is a gradual pro- gress from the sensitiveness, or susceptibility to impressions, or capacity for inflex and re- flex, from the sensitive plant upward ; " the simple neurotic processes of the hydra with its dim volition and limited scope of action being developed in a complex manner into pro- cesses which range from simple elaboration of the initial additional agitation of the sensory cell into what we speak of as intelligence and thought" {Enc. Brit., "Physiology," p. 15), and into what we term " consciousness." Let us try a third time and differently. The word " consciousness " signifies a state of active physical ability — the momentarily shifting total- ity of certain impressions upon and responses by the human organism, which, in its last The Answer 'j'j physical analysis, is as mysterious as, and no more so than, the spark from flint and steel, the crumbling of a stone under a blow, the yielding of a stationary body to a push, the tremble or vibrations of sound or light or an electric current. Consciousness itself is the same phenomenon as the automatic, sentient activity of the organism in relation with its environment. Take all the impressions made at a given moment upon the human organism and its in- ternal reactions, and all the responses to these impressions, and you have what conscious- ness at that moment is, viz., the sum of stick impressions a7id responses ; and its varying phases result from the nature of the applied force and the receptive subject. The physical ego, the " I myself," is not only the corpus, — the bundle of impressionable mat- ter, — but this body or bundle plus outside forces. Deprive the body, or bundle, of life, of any impressionability or power to respond, or remove all physical activity and all environ- ment, and the physical ego disappears. Ele- vate it or its environment to a more complex activity, and the physical ego becomes a being of vaster powers. 78 Applied Sociology The physical ego is, therefore, in its widest sense, the sum of these subjective and objec- tive activities of the matter of which we are composed. In a restricted sense the ego may be called that which has the capability of responding — as we say a match has the capability of burst- ingr into flame when rubbed. In either sense nothing is included — so far as human vision goes — except a unit made up of a complex as- semblage of responding cells and nerves, com- parable to keys of a musical instrument, each appropriately responding to any effective force, or comparable to the blending of matter under the chemical law of combining weight. Ordi- nary flame will not oxidize a metal which rusts at lower temperature ; the forces must be in kind as well as quantity sufficient. So with man ; an effective impression producing a re- sponse supposes only a force and a responsive object. What, intrinsically, the force, the ob- ject, and the response each is, may be as mys- terious as life itself, of which it is part ; but an approximate description of consciousness may thus replace the denials of the possibility of defining it from Hamilton to Spencer, who, so lately as in replying to Mr. Balfour, {Fori- The Answer 79 nightly Review, June, 1895, p. 865,) intimates that " it is impossible to understand in what way feeUng is connected with nervous change." That what we call "feeling" is "nervous change," and that all the accompanying and consequent activity of the organism from this initial " change " to vocal expression consti- tutes consciousness, does not seem to have been contended for. The idea of consciousness, then, has for cor- relatives-in-fact inflex and reflex, the physical action of the body under inflex and reflex, as defined. If the inflex be (because of the un- developed character of the object) slight, the consciousness is of a low order, — as of the sensitive plant, or, still lower, of a blade of grass blown upon by the wind, whose only language is a leaf's rustle. But if the inflex be (because of the com- plex development of the object) manifold, the consciousness is of a high order and its ex- pression becomes the prose and poetry of the masters. Individual consciousness exists in propor- tion to the capacity to receive impressions, to respond to the manifold external and internal, mediate and immediate, original and secondary 8o Applied Sociology impressions from stimuli, including those cre- ated by the responses themselves. The degree of consciousness is measured by the number and nature of stimuli or inflexes, and by the power of response which determines the extent of the reflex. A blind man is not conscious of light. No man is conscious of what does not lie within his experience. Without the senses conscious- ness is impossible, as much so as it would be without stimuli. As both are increased, con- sciousness is widened. To feel and to be conscious of feeling are connected physical states. But there is neither feeling nor consciousness of it as distinct from the impression and response — the inflex and reflex. Self-consciousness is present much more rarely than supposed ; and, on the other hand, there is a sub-consciousness, unsensed by the organism as being felt because not a reflex of self as a unit or organism. The physique when affected as an entity by its own action responds into all that is included in the physi- cal action of saying, — "We feel," — "We are conscious." Thus we name the physical action which begins in the nerve-centres and extends to and pervades the body as an entity. The Answer 8i This physical consciousness, as the sum of certain activities and not a supersensible ego taking notes thereof, explains the "law of the conditioned " and enforces the relativity of knowledge ; for the finite only, in time or space, in matter or force, has avenues to approach us, to cause perception, to constitute the inflex and evoke the corresponding reflex, so far as our physical life is concerned — the life of which we have definite apprehension or knowledge. As Mansel said : " What a thing may be out of ' consciousness ' no mode of ' consciousness ' can tell us " — i. e., what a thing may be which does not affect us cannot be guessed ; for if the inflex is absent, so is the reflex. Everything which is in consciousness ar- rives or is created primarily by the sense of contact. Everything which lies outside of consciousness is also outside of the sense of contact, but not, certainly, of reason ; at least to this extent, that between the known and the unknown there is not, necessarily, unlikeness, except as an actinic ray is unlike to a light or heat ray. But the true definition of " the knowable " is, that which affects our sense of contact, or is deducible by reason ; of the un- knowable, that which lies beyond or in another 82 Applied Sociology plane from the sense of contact, and is not so deducible. Increase this sense or this reason, and you lessen the unknowable. Diminish either, and the unknowable becomes greater. Thus matter continually organizes into higher forms, or into capabilities of new and greater movement. Its consciousness, meanwhile, is measured by its action ; for it is its action. Of course there is nothing novel in the fore- going imperfect enumeration of human activi- ties, or in the suggestion that " consciousness " as a word expresses ideas having correlatives- in-fact, — namely, physical activities of the hu- man organism, — and ideas having no sensible correlatives-in-fact, — namely, the activities of a supersensible ego. Further, it may be doubt- ful whether the word " consciousness " or its earlier synonyms were first ejaculated in re- sponse to and as expressing an idea of the sensible activity of the individual, or in re- sponse to and as expressing an imagination- idea of a supersensible ego. It is clear that the word " consciousness " is made to serve both purposes. It may be the term for the physical action sensibly present ; and in this sense, having this signification, the use of the word enables study and discussion of sensible The Answer 83 fact. Or it may be the term for the spiritual action imagined to be present ; and in this sense, having this signification, the use of the word does not enable either study or discus- sion of sensible fact. All that lies within the first of these two significations may be the sub- ject of an applied science. What lies within the latter signification cannot be the subject of an applied science. And the reason why all that is known in fact of consciousness is the physical activity involved, and the reason why the supersensi- ble signification of this word is at present quite beyond any human faculty except im- agination or the eye of faith, is, that language itself is but, so to speak, a sixth sense, excited by sensible activity of the senses and the brain. This activity, itself sensible, creates both ideas destitute of sensible correlatives-in-fact and ideas having sensible correlatives-in-fact ; and language is the vocal sign for both classes of ideas. So much for this word "consciousness." Similar words out of which, as before remarked, " are built the great systems and beliefs and axioms of humanity," are equally far from being solely " definitions or expressions of 84 Applied Sociology sensible reality," but are, also, as physical expressions of physical states, as articulate responses to impressions generated in our- selves and by our environment, the vehicles of many pure imagination-ideas. Take, for ex- ample, the words "intent," "criminality," "re- sponsibility," etc. Like the word " consciousness," they may express the sensible reality of sensibly physical things and activities ; and, like it, they also frequently express imagination-ideas destitute of sensible correlatives-in-fact. The class of words referred to asserts various imagination- ideas. The sum total of such imagination- ideas makes up the broad idea of animism ; and the very word animism itself expresses the imagination-ideas concerning a supersensi- ble ego residing in, or controlling, the physical man ; of which ideas the correlatives-in-fact are not sensible. Animistic ideas, so far as physical or applied science is concerned, are as nebulous as was the " Johnity of John " — more so, for nothing for- bids that such individuality should be the re- sult of peculiar constituents and combination. The nervous activity of the physical life of a particular human organism might explain The Answer 85 John's "Johnity," so far as its physical rela- tions are concerned. And it is wholly illogical to rely upon mere suppositions concerning an imagined noumenon — an hypothetical basis — for an applied science of man in his physical as- pects and relations. The physical phenomena signified by " con- sciousness " and kindred words are capable of comprehension, unanimous comprehension, and so may be the subject of treatment at once intelligent and unanimous in a science which is by no means called upon to deny what is beyond its ken, but which aims only to deal with the physical phases of individual and so- cial growth ; a science which shall first define the needs of physical man, and then offer the physical treatment and seek the physical envi- ronment which tends to produce the organism which " injures neither itself nor others," but lives in healthful activity. (d) A Working Hypothesis concerning Con- sciousness. Hypotheses, in analogy with other growths, tend to perish, or blend into others, or ripen into more permanent form. In the last case, verbi- age has been sloughed off, leaving terse proposi- 86 Applied Sociology tions the residuum of the diluted descriptive discussion necessary at first to the understand- ing of the hypothesis, or to its comparison with background and surroundings. In the case in hand, while condensation will be aimed at in formulating the hypothesis, some descriptive discussion is unavoidable. And first, the action of the human organism enumerated as the five senses, when reduced to its lowest terms, consists in physical move- ments, beginning in the parts which are the attributed seats of the senses, — the ear, eye, mouth, nose, and skin, — and extending through selected paths of the nervous system when- ever an object either presses or causes pres- sure upon such seat. Thus, if the finger be upon a pin-point, with a pressure varying from mere contact to blood-letting, the disturbance in the finger is transmitted along the nerves in impulses varying in intensity from a mere tickle to an acute pain ; and, similarly, immediate contact occurs between an object and the mouth which tastes it or the nose which smells its emanations. In the cases of sight and hearing, the external object, instead of itself striking, causes light-waves or sound- waves to strike the eye and ear. So that in The Answer 87 the exercise of these five senses an external immediately or mediately presses upon the physique ; and any of these five forms of sen- sation occur when the physique makes ap- pointed movements responsive to this touch from externals. Secondly, language is also a product, a phenomenon, of sense. This more clearly appears in its beginning, — an inarticulate, re- presentative cry ; and, given the exciting cause from blow, or sound, or smell, this cry was a resultant of physical movements extending to the vocal organs, which set in motion air-waves whose impact upon a listening ear completed what is called a "cry" or "word." Except that the cry of primitive man has become mani- fold and articulate, — or, in other words, that speech, at first mere loudness and pitch, has developed timbre or quality, and progressed to the orations of Demosthenes and the declamations of Shakespeare, — language or speech is to-day, as a physical fact, what it was then, viz., a disturbance of air-particles by movements of bodily organs, which movements are induced by some phase of touch. Re- sponsiveness producing speech may therefore be regarded subjectively as a sixth sense ; and 88 Applied Sociology so of responsiveness producing thought ; and all these senses may be defined, subjectively, as movements of or in the physique, initiated by pressure exerted by something external to the seat of the given sense. Next, what, then, is a word, or speech ? It is, subjectively, a sound-sign (if written, a character-sign) of movements, induced by touch or pressure, in the utterer's physique ; and ob- jectively a sound-sign (if written, a character- sign) conveying to another the existence — or, more accurately, affecting another by the ac- tion — of those movements in the utterer. Without stopping to wonder at the myriad movements, in more than geometrical progres- sion, which the human organism is capable of, and which, apparently, may increase as that organism progresses towards higher develop- ments, it may be noticed that under this view of speech or language, all of its words have the same general origin and are phenomena of homogeneous character, whatever they import ; and consequently, that which they import is, broadly, movements in the human organism. It follows that if to-day we wish to get at the meaning of the word " consciousness," we must translate the subjective and objective The Answer 89 meanings of it as a " cry," and consider all the action of the organism leading on to the utter- ing of the word and its effect upon a hearer. And here we may save time by observing that (shunning controversy with Nominalists or Conceptualists) words stand either for a thing, attribute, or action, or for an idea (in the sense of our mental picture or conception) of the thing, attribute, or action. But whether thought of as expressing the thing or an idea of it, words fall into two broad classes, — those which express sensible, comprehensible things, attributes, or actions (or, if you please, ideas thereof), and those which express insensible, uncomprehensible things, attributes, or actions (or ideas thereof) ; because, in his mysterious relations with the external world, primitive man and his successors have uttered sounds in response not only to evident but also to mys- terious forces, and among them the reactions and automatic movements of his own personal mechanism. To mystery he has made a re- sponse in words as vague as the mystery. Thus speech has come to include these two classes of words. To explain the "mystery" ; to substitute fact for supposition ; to replace ideas having no definite correlative-in-fact with 9° Applied Sociology ideas which are the mental picture of sensible existences, — is one aim of all science which is not metaphysics. Even psychology has come to concern itself with the examinable, and to look upon metaphysics as beyond its borders ; yet psychology still appeals to metaphysics for premises or hypotheses. With this slender bridge over a wide chasm, let us apply the above-suggested test to obtaining the signification, so far as it has any comprehensible meaning, of the word " consciousness," and so see if some at least discussable hypothesis may not be framed of what that which speech terms ''consciousness" consists in ; thereby opening up a road to vari- ous hoary and supposedly axiomatic principles upon which much political and social science now somewhat too securely reposes. But first, in order to get a background for such hypothesis, let us have in view some cur- rent hypotheses. Mr. James, for example, groups three hypotheses which have been of- fered to explain consciousness as: (i) Spir- itual ; (2) Associational ; (3) Transcendental ; which words will explain themselves to the reader, or may be referred to in his first vol- ume, chapter x. Of the first, it is plain, as The Answer 91 he suggests, p. 346, that it "explains nothing" ; and also that it leaves the word " conscious- ness " as expressive of merely an idea, notion, or conception having no appreciable correlative- in-fact. Of the second, Mr. James observes that writers on the associational theory, while explicit about what the self is, — " are very shy about openly tackling the problem of how it comes to be aware of itself. Neither Bain nor Spen- cer directly touch this problem " (p. 354) ; while Mr. Thompson's theory is said to closely resemble Mr. James's own "stream of thought"; of which presently. Of the third or transcendental theory, the " timeless ego " which thinks is certainly not revealed to us as engaged in that act, nor is the method of its self-awareness elucidated ; but, as in the spiritual theory, the words of its nomen- clature, and the very word "consciousness" when one of them, are vehicles of ideas or conceptions utterly destitute of any sensible correlative-in-fact. Psychology, as a science of what occurs, or as " a natural science, an ac- count of particular, finite streams of thought, co- existing and succeeding in turn," as Mr. James describes it, p. 367, gets little lucid exhibition from either of these theories. Mr. James's 92 Applied Sociology own starting-point for psychology is what he terms "the stream of thought," a sensible fact. Without committing himself to any expla- nation of this fact, but contenting himself with it as a name for phenomena sensible but inex- plicable, he then proceeds to study its exhibi- tion of itself, and so arrives at many useful, practical deductions, while constructing a tentative science of psychology, in its main aspects the reverse of metaphysical. But upon the question. What is consciousness ? he throws no more light than the various prede- cessors whom he also shows to have left the question unanswered. Now this essay is by no means so preten- tious as to offer any final theory upon such a question ; but it seems to the writer that the examination can be carried a little farther back towards the truth, even if the explanation to be suggested shall deal only with physical occurrences, and disclaim any attempt to at all explain the cause of as distinguished from the mode of operation of the phenomena termed " consciousness." But the hypothesis herein sought is not a hypothesis of cause ; and It should be clearly understood that no attempt towards that is herein even contemplated. The Answer 93 Coming still nearer to the proposed hypothe- sis of what occurs as distinguished from why it occurs, or, otherwise stated, to a hypothesis to define an actor and the actor's mode of oper- ation but not the force or power which causes either, which actor is represented by the cry or word " consciousness" as carrying on some action, it may be said that the spiritual theory, the associational theory, the transcendental theory, are all statements of what our proposed hypothesis does not postulate, viz., a function of a/' soul " ; an attendant " state " of the brain ; an act of a " transcendental " ego. Mr. James's " stream of thought " in which he finds, but seeks not to explain, conscious- ness, leaves the phenomena without hypothe- sis. His view (p. 687) may complete our background — italicizing as needed — " According to the assumptions of this book, thoughts accompany the brain's workings, and these thoughts are cognitive of realities. The whole relation is one which we can only write down empirically, confessing that no glimmer of explanation of it is yet in sight. That brains should give rise to a knowing consciousness at all, this is the one mystery which returns, no matter of what sort the con- sciousness and of what sort the knowledge may be. Sensa- tions, aware of mere qualities, involve the mystery as much as thoughts, aware of complex systems, involve it." 94 Applied Sociology And after (properly it would seem) continu- ing the division of consciousness into sensa- tional and relating, he says, p. 689 : " It is surely no different mystery to feel myself by one brain process, writing at this table now, and by means of a different brain process a year hence to reviember myself writing. All that psychology can do is to seek to determine what the several brain processes are." Now it will not be doubted that the sensible and sufficient constituents of the phenomena whose forms and stages speech indicates by such words as sensation, conception, ideation, feeling, remembrance, knowing, and being conscious, as a given sum-total constitute physical consciousness. The totality of the known activities which such words indicate is the sum of certain actions and reactions in the organism and between the organism and its environment. To feel, to know, to think, or to remember, is to exercise a sense, as a sense has been above defined, — go on with certain action under a present or residual stim- ulus. This applies only to what occurs ; why it occurs is resolved into the broader and different question of why life occurs. The con- sciousness consists in action by the organ- ism, not in the separate activity of something The Answer 95 which sees this ; in the momentary sum- total of physical inflex and reflex, not in an observer of this. Aside from what is brain and nerve action, there is no sensible con- sciousness ; although it may be that some brain and nerve action does not produce con- sciousness. What, then, is the consciousness ? Not, Why are we conscious ? (which involves the unan- swerable question, What is life ?) but. What is the consciousness ? A " working " answer is found in the inhe- rent limitations and nature of speech, and the fact that language is dependent upon touch and response, and, when analyzed, is analogous to a sixth sense. It follows that what is signified by and expressed in the word and its synonyms in other languages is physical, active movement of physical matter composing the senses, nerves, and muscles — the shifting totality, from moment to moment, of that movement which is summed up as " life." Con- sciousness and sensation, consciousness and feeling, consciousness and knowing, are one, not several, in their natures ; and are all, as phenomena, the sum of certain activities and movements in and of the organism, which, 9^ Applied Sociology from an impression up to and including its expression, follow after such impressions as the senses can respond to. Consciousness of thought, sensation, or feel- ing has no separate existence or individual ex- istence. Divorced from touch and response in the exercise of the senses (as they are above broadened), consciousness disappears. The nearest approach that one can make to be- ing in a state of pure consciousness will still leave him sensible of some physical life-action ; which is, indeed, ceaseless until co-ordination of the actions of the brain is lost in death, or in the temporary inanition of nervous centres resulting from the cessation of essential physi- cal movements. When these essential move- ments cease, physical consciousness is no more. " Consciousness," as a word, at present sig- nifies a mysterious phenomenon or the idea thereof. This idea is without correlative.s-in- fact ; since the thing signified is imagined, but does not sensibly exist. Eliminate from the idea behind this word all but what is sensible and comprehensible, and we have left the hypothesis, viz. : that which language terms "consciousness" is the shifting totality, from The Answer 97 moment to moment, of responsive action of the organism made to external and automatic impressions upon the organism ; the sum total, at any given moment, of the action initiated in the senses and the brain either under re- sponse to a present environment or under the residual influences of a past environment. Perhaps this hypothesis may be made plainer by a further observation : The metaphysical conception of " soul " — if that word can be anything more definite than a haphazard name for an unknowable cause, or for a " something unknown which must be at work " — may be not of an immaterial ego which is conscious, but of that individualized force which for a while energizes each human organ- ism and enables it to act upon, and be acted upon by, its environment, producing these phe- nomena of thought, memory, and sense, so far as they are, upon the above hypothesis, physi- cal and sensible. But even this conception would be but a phase of thought, which itself consists in physical action ; and so, unless we are, at this point, to cross over into the territory of metaphysics, we have only to take the pro- posed hypothesis of what the correlative-in- 98 Applied Sociology fact of the word "consciousness" is, and note how far it affects or includes many similar words, and so go on to apply it in sociology. (e) The Physics of '' Intent." We have first examined the word " con- sciousness " to find what are its correlatives- in-fact, because it is a name of a phenomenon which includes, or at least is coexistent with, other phenomena, termed "will," "emotion," "judgment," etc. We speak of being con- scious of willing, feeling, judging, etc. ; and the consciousness is generally thought of as it- self a phenomenon, and properly, if taken as a broader term for an activity which includes more particular activities. It is now essential to also clear up the cor- relatives-in-fact of whatever of these words we propose to use ; and as later it is hoped to use the word " intent," we may now consider what are the correlatives-in-fact of the idea expressed by the word " intent." But it may strike the reader that this is a very vague if not unnecessary question. In- tent, it will be said, is intent, and that is all there is to be said about it ; somewhat as Dr. Johnson is credited with saying, " We know The Answer 99 we are free, and that is all there is to be said about it " ; or as the famous Dr. Abernethy is credited with telling his students, " Gentlemen, a stomach is a stomach." Very well ; but still, what is intent ? What sensible fact occurs in us when we intend ? How much of what is assumed to occur must be eliminated before getting down to what sensibly occurs ? And when one has thought thus far, the suggestion arises that all that sensibly occurs in intent is very like what sensibly causes the phenomena of conscious- ness. A physical change occurs in the activities of the matter of which we are made; a disturb- ance in the brain and nervous system induced by some impression, the response to which causes, broadly, " desire " or a tendency to some course of action, which, when actually under way, reveals itself, as does the activity of any one of the senses, by establishing further impressions and producing further activity of reflex, which, broadly speaking, is the correlative-in-fact of consciousness. In- tent, then, is a special activity of the brain induced by some reflex called " desire," which, in turn, has been produced by some inflex loo Applied Sociology- through the senses or the reason. A weaving of the woof and web of life ? — Doubtless. But here we wish to contrast what sensibly exists with what is generally assumed or imagined, viz., a supersensible act of some supersensible ego. Now in fact we are not at any time sensible of any supersensible ego, although in sup- plying an attempted explanation of intent a supersensible ego is frequently imagined as in- tending, and hence the word "intent" has come to express an idea of the presence and action of this ego. No more denying here than as to consciousness the existence of a super- sensible ego ; admitting, indeed, that something beyond what is ever sensible must be attrib- uted as the cause of that life which is con- scious and which intends, — we may ask what it is which occurs physically when a man in- tends ; and when that is answered, we have all of the correlatives-in-fact of intent with which a science of the sensible can deal. And what we know about intent may be summed up as this, — certain impressions from without affect the senses and produce desire ; certain operations of the brain and nervous system produce another form of desire. In The Answer loi both cases, the organism is put into a certain condition of activity toward some accompHsh- ment or action. A tendency of the organism in a given direction is estabhshed — a physical gravitation toward some end. This physical gravitation and tendency is a fact which is sensible to us, being accompanied by an appro- priate physical condition of the brain and nervous system. " Physics of intent " is there- fore as proper a term as " physics of conscious- ness," to signify certain physical activities whose only names at present are words which also imply an insensible explanation. So of all these words which assert an ani- mistic idea it may be said, without special ex- amination, that they carry a twofold meaning. They assert certain sensible facts, to wit, the physical activity of the brain and nervous sys- tem, and they assert that this organism is directed and controlled by a supersensible ego whose various phases are subdivided and named by these words. The theologian calls this ego a soul. The metaphysician calls it by various titles, of which " a mind," " the reasoning faculty," "the timeless ego," "the ego," are but a few. And all men admit that there is something ad- I02 Applied Sociology ditional to or dominating the human organism, — some principle of life, at least, — which does not seem to us to find any explanation in mere matter as such. What it is — this mysterious something — no man knows. Yet its presence and function naturally break forth in words and metaphorical terms, forming the class of words we are considering. Into every applied science in its early stages has this vague some- thing intruded itself ; but from those which have become applied or physical, it has been sooner or later eliminated, not by denying its existence, but by recognizing its illusory, in- tangible, un-get-at-able nature, and so eliminat- ing its consideration in applied science. In social science this still remains to be done, and it seems, as hereinbefore shown, that the simplest way to do it is to consider what words are ; what they can import ; how chained they are to the capacities of humanity ; and how impossible it is that a physical re- action, viz., an inflex, a reflex, a nervous move- ment, a muscular movement, a vibration of the vocal cords and then a vibration of air- particles producing a word, can signify any insensible cause, or anything more definite than that these physical actions exist. And this The Answer 103 physical action, whatever its cause, is itself the phenomenon, so far as we can see, which words and language attribute to something over and above the action. Why such phenomena exist is a question to which no approximation to an answer can be made, except through the imagination ; and as men's imaginations differ, from the fetishism of the savage to the Christian revelation or the " higher criticism," so they cannot agree about the nature, laws, or proper treatment of any supersensible ego. And, therefore, it may be again and again repeated that so long as social science continues to use these vague names for vague and fre- quently contradictory ideas, so long must it vibrate and sway hither and thither, advancing but by accident if at all. When, as in criminal law, the word "intent" is made a basis of assumptions or premises, how can the con- clusions be accepted as sound ? — Only upon the sanction of authority, itself speaking only upon the sanction of faith and not of knowl- edge. On the other hand, if the sensible correl- atives-in-fact of intent be made foundation premises, at once a scientific knowledge and a I04 Applied Sociology scientific theory of administration are made possible. And such are the reasons for seek- ing to understand the physics of intent, as well as of consciousness. Reference to the practicability of acquiring such understanding will more properly be found near the end of Chapter IX., in which the question as to the proper procedure under an applied science of sociology, and the practical methods to be pur- sued and the practical results to be expected are generally pointed out, and the sources for more detailed information as to this phase of the proposed science indicated. CHAPTER VI THE ANSWER TO THE FIRST QUESTION AND ITS POLITICAL VALUE FOR clearness, and the proper point of view of the phenomenon called language in relation to the present discussion, the chain of argument may be briefly recalled, as follows : The progress of humanity has resulted from and consisted in the elevation of the individual to higher planes of life, and the continuous readjustment of society in conformity with and to avoid conflict with the progress of the individual : this elevation and readjustment have come through the increasing freedom of activity of the individual : judging the future from the past, the essentials to further progress 2X(t, first, that the individual be provided with chances for and be developed in all his powers ; and, second, that his social relations be framed to aid and restrain interference with this de- 105 io6 Applied Sociology velopment : provision of these essentials is subject to the law of equivalents, which prom- ises success and future progress upon offer- ing the proper price for achievement and sufificient causes for results, thereby inviting us to offer as the price such coin as nature's laws recognize, and to provide adequate, understood, and approved means and methods of human advancement : to this end an applied science of sociology may be attempted, based upon the essentials of individual and social growth, and teaching how to supply them to the extent of human capacity. At this point the question arose as to the exact subject-matter of such applied science, which question appeared to depend upon whether any other than the physical side of humanity is now sufficiently within unanimous comprehension and subject to manipulation to be made the subject-matter of such science. Waiving the ordinary controversy between spiritualists and materialists, it was thereupon suggested that, inasmuch as we reason and plan concerning any subject-matter by means of our ideas of such subject-matter as expressed in language, this main question (as to whether the suggested science can assume to deal with The Answer to the First Question 107 anything beyond the physics of man in society) may be answered by settling whether human language can express any ideas concerning humanity with which we can practically deal, except they be ideas of physical man and his physical environment. Examination into the origin, progress, and significance of human speech showed that animistic ideas and words have no sensible correlatives-in-fact. With no universally accepted criterion of either the na- ture or truth of ?«sensible correlatives, we can neither demonstrate these correlatives against contradiction, nor use them by unanimous con- sent. Consideration of consciousness and in- tent showed that the only correlative-in-fact, the only sensible actuality, behind the ideas expressed by these words is the physical ac- tivity of the human organism when in the state expressed by these words. Taking up again the thread of argument, it is, therefore, plain that the origin and nature of language and the consequent limitations upon its possible significations show that words signifying imagination-ideas are not definitions of any sensible reality ; that the ideas behind them have no sensible correlatives-in-fact ; that such words cannot be the media of wholly in- io8 Applied Sociology telligent discussion, since they signify nothing accessible to either comprehension or manipu- lation, nor can such ideas enter into a science dealing with only sensible facts, with ideas hav- ing such sensible facts as correlatives, and with words expressing such facts and ideas. A science, like chemistry or biology, con- cerning sensible things and relations cannot be a science of imagination-ideas. Only by distinct and different sciences can humanity study, explain, and profit by these two distinct classes of ideas. Sociology, as an applied sci- ence, must therefore limit its dealings to things sensible and physical, and to ideas of only things sensible and physical, and express itself in words importing only such ideas and their sensible correlatives. What Mr. Disraeli char- acterized as " the rivalry at the bottom of all human affairs " finds no proper place in applied sociology. Therefore, to the question engendering this rivalry, encountered in Chapter III. and Chap- ter IV., sociology, as an applied science, can bring no light ; from the sensible facts of which alone it is the scieitce no sensible knowledge is ob- tainable, except as to sensible resjdts ; and there- fore it must deal with social man so far only as The Answer to the First Question 109 he is a physique or organism in a material environment. Accordingly, applied sociology will eliminate animism from, not belief but administration, by eliminating from such words as " conscious- ness," "intent," etc., all imagination-ideas con- cerning the supersensible ego. Freed from such assumption, it has left for subject-matter all that physically occurs in consciousness, or self-consciousness, or in the exercise of sensible activities ; and its first prac- tical effort must be to gain a sufficient de- scription of the individual and the community as sensible entities or subjects, and from that pass to the consideration of what can be done for the progress of society and of its constitu- ent units as constituted, by means (within hu- man comprehension and control) of the proper physical knowledge and apposite treatment of physical man in his social relations. It is proposed in later chapters to briefly il- lustrate this as to some of those relations, but before doing so it may be proper to glance at the field open for sociology as a physical or applied science, and its probable political value or usefulness. There are two main philosophies of exist- no Applied Sociology ence among the high civiHzations, seemingly antagonistic : First : The animistic theory, underlying the various religious creeds, — the theory of an in- sensible, spiritual soul dominating the physical man. Second : The materialistic, which denies spirituality, and yet, so far as this writer is in- formed, has never — while frequently, as by Lange and Noire, asserting a something over and above the physical activity of the body — offered any physical explanation of the physical aspects of human consciousness, except as "an attendant state " ; never clearly presented that " state " as not attendant but resultant. Ranging exclusively under one or vibrating between these two philosophies, one may find some fitting theory for idiosyncrasies of belief, however exacting. Now the purpose of this discussion is to in- dicate that there is place for a working theory that shall conflict with neither of these two philosophies, but upon which all, without sur- render of special beliefs, can harmoniously unite for a given purpose only, viz., to estab- lish a physical science of the physical relations of physical man to society. The Answer to the First Question 1 1 1 In a very general way let us illustrate the value of such a theory. Take two phases of life, — education and punishment, or develop- ment and repression, — the alpha and omega of society. The purpose and end of education is develop- ment ; the purpose and end of punishment is repression. Considering the means and methods of each, observe that those of the first are the more plenteous and accommodating. The growing child is — in favorable surroundings — fostered by sympathy and love, if not always rightly. The offender — from the drunkard who dis- gusts, to the murderer who inspires fear and vengeance — is tried, condemned, and impris- oned or hanged. Why he is, by what process he became, as a physical being, a drunkard or murderer ; whether anything within the physical power of the state, and if so, what, can, in any or all cases, at any stage of his career neutralize this "why" and turn him into a good citizen, — were for ages unthought-of questions. In general, society educates — develops — children because of love, and punishes — represses — criminals because it abhors them ; and therefore comes to neglect 112 Applied Sociology the children of incapable or criminal parents, partly from want of realizing both duty and true social interests, partly from difficulties with fi- nancial and constitutional questions which com- plicate the provision of means and methods. Take as an illustration one of the pitifully numerous human tragedies : A child possessed of the ordinary characteristics is born into the world, with the qualities and capabilities of, for instance, the poorer classes of the larger Amer- ican cities, and of no congenital tendency to crime. Not only is his heredity unfavorable, but his infancy is contaminated instead of pro- tected by his environment. His youth is passed in a gradual deterioration. At twenty his de- generation is marked ; his appetites imperative ; his sense of reverence extinct ; his potential cruelty, sensuality, inebriety, sloth, and coarse- ness fully developed ; and his potential hu- manity, self-control, sobriety, enthusiasm, and refinement nearly withered. His few childish aspirations have been strangled ; his emulation turned into envy ; his patience become morose- ness. If he could but see himself, his heart would break to realize what he might have been, and what, in fact, he is. Then comes the crisis ; and he finds himself The Answer to the First Question 113 in a prison where society for its own self-pro- tection has placed him and out of which he shall never walk except to sit in that fatal chair whose lightning stroke shall blot out the poor life that, by a destiny far beyond his per- sonal control, has lived only to undergo pro- gressing degeneration until he drags down another's life to death and so his own. And yet there are ninety chances out of a hundred — as statistics show — that, if his environment had been healthful, he would have lived and died a respectable citizen. For every such criminal who dies in that chair there are ten or a hundred who occupy the state prisons and die degenerates. Still, the pest-nests of crime are largely left to the church and the philanthropist, and al- lowed to turn out every year more victims to injure society and fill the daily papers with these tragedies of existence. Meanwhile, trade has its eye on the muck-rake ; wealth builds itself new palaces ; society, within its walls, blooms with gracious, kindly men and beauti- ful women ; charity is limited to private benevo- lence, or, so far as public, to but a tithe of the needy ; law stops with overt acts of crime ; politics remains a science chiefly of commerce, 114 Applied Sociology finance, and the foreign and domestic relations of the prosperous part of the community ; other arts and sciences are taught in a thousand schools, studied in a thousand laboratories, but the art of preserving citizens remains, if not uninvented, at least unapplied. Thus one part of the world grows better and more beautiful ; but it remains partly deaf and partly helpless to the cry of these unfortunates who, playing in the city streets, are already doomed by their environment to that fatal chair. That is their destiny. In no Greek play was the progress of Fate more relentless. Were it the destiny only of the congenital criminal, society and its lawmakers and gov- ernors might well remain deaf ; since to hear would avail little. But to indirectly create criminals ! To submissively nurture them ! To leave alone prevention ! To hold back and refuse the treatment that will avoid them ! To raise the eyeglass, as at an opera, to read the criminal column, as a libretto ! — than this, is there no higher possibility and duty of practical citizenship, of government, of society as a community ? And is it not also quite a different duty from that which springs from principles of morality The Answer to the First Question 1 1 5 and religion and rests upon the church ? Single-handed, the church pours out its treas- ure, and marshals its domestic missionary workers, and stands ready to supply that "milk of human kindness" which is so neces- sary in successfully approaching its almoners. But something more than " kindness " is wanted. Men and women are not poor and degraded, children are not misgrown, criminals are not vile, morally only. Crime and poverty and degeneration are also largely physical. And with this physicality the state should help the church to contend. Yet society as a whole still follows chiefly the animal instincts — love of offspring, indif- ference to strangers, hatred of enemies. The inspiration of theories of education and punish- ment, of development and repression, is still too little removed from the inspiration of the actions of those who are accused of being our "arboreal progenitors." There is too little real difference between a slave-ship and the poverty-stricken byways of great cities — be- tween the real, if unintended, cruelty and error of a dungeon under the Spanish Inquisition, a conclave of apes or savages, and a modern " electrocuting." The only argument for the ii6 Applied Sociology last is, — " Not otherwise can crime be re- pressed and innocence saved " ; as it was of the auto da fd, — " Not otherwise can heresy be repressed and souls saved." Although cruelty has been eliminated from religion because we have progressed far enough to both feel it and see its uselessness, it has not been eliminated from the criminal law, and much less has the positive practical attempt been made, as a part of the administration of gov eminent^ to preserve the citizen, to save the guiltless from crime, to cleanse the environment of the hampered classes, to blot out degeneration as a pestilence in its first beginnings. And why not ? Is it not because crime has been regarded even by statecraft as sin, and sin as the work of a spiritual ego, and the spiritual ego as amenable to only moral treat- ment ? But if — whatever else is behind it — con- sciousness includes physical action ; if its physi- cal character is found in the physical activities of the man himself, in physical senses and activities making up the man as a whole ; and if affecting these physical senses, or constitu- ents, will affect the man, and so there is a visible, accessible physique with which to sue- The Answer to the First Question 117 cessfuUy deal, — a science of physical sociology is at last in sight which shall study how to deal with the guiltless to save him from criminality, and with the criminal to help him and protect society, and how to shape the social agencies which deal with the human being in his social relations. Animism as a basis of applied sociology is insufficient, however useful as an adjunct. If any one is curious to read in detail how — while visions of a more exalted spirituality have rather brightened than faded — animism as a subject of human manipulation has faded away before the advance of knowledge and the progress of humanity ; how the ancient gods have deserted the sun and moon and tempest ; how the spirits of flood and fell have been exorcised ; how the Daphne of the forest has become a mere laurel tree, not only in a poet's fancy but in reality ; how what was once termed " the spirit " of nitre or what not, is now named from perceptible qualities ; how witchcraft has been compelled to take its true form, and " possession of devils " become a bodily distemper ; how the "terrors of the un- known " have been converted into evils due to physiological and chemical action ; and how ii8 Applied Sociology from agriculture through many sciences up to and including medicine, " vain imaginings " have given place to a " philosophy of facts," — all this is shown in detail in Dr. Tyler's Prim- itive Culture. And the propriety of the proposed change of base for sociology may be confirmed by the testimony of advanced disciples of animis- tic creeds. One instance may be cited : Said the late Professor James D. Dana in a letter to Rev. John G. Hall, quoted in The Lit- erary Digest, May i8, 1895, p. (81) 21 : "I find nothing in the belief" — in evolution — "to impair or disturb my religious faith ... it is beginning to be seen more clearly than ever that science can have nothing to say on moral or spiritual questions." Why, then, should the science of sociology, the science of man in communities, take sides in that " rivalry " which Mr. Disraeli found at the bottom of all human affairs ? What should concern it, as a science, is that phase and those attributes of humanity which lie outside of questions purely spiritual ; just as chem- istry and biology are concerned with the physical phases and attributes of their subject- matters. The Answer to the First Question 119 The science of chemistry or biology is the science of facts. The science of sociology (which is the chemistry and biology of com- munities) should be a science of fact. This is the philosophical deduction from the foregoing considerations. But the main practical deduction from these considerations and premises, already hinted at, may be formulated in a distinct proposition : The American state, while constitutionally restrained from devising or supporting religious or animistic beliefs or institutions, — religious freedom being one of its foundation stones, — is entitled, and in duty bound, to protect the per- sons of its citizens by sanitary laws from con- tagious physical diseases, and to also protect the bodies of its citizens from such physical in- juries as constitute crimes : and therefore, if much of what has been commonly regarded as moral degeneration or degradation is physical, and if crime is physical, the state has the right to intervene and the power to devise, advocate, and support laws and institutions not only for the prosecution of crime but the sup- pression by physical means of degeneration and degradation. If this conclusion is sound, a cogent practi- I20 Applied Sociology cal reason at once appears for transferring the phenomena of degeneration, degradation, and crime from the atmosphere of imagination-ideas into that of ideas having correlatives-in-fact ; from the category of the animistic over to the physical ; from the exclusive domain of the moral law to some jurisdiction of the civil authorities. And this can be done without derogating from — or even approaching a con- troversy with — the authority which religion and morals, in their many phases, exert over the community. If we can thus make criminal law and phi- lanthropy sciences of the physique of man, so far as to authorize the state to deal with de- generation and criminality as with physical diseases, not only is there some practical use in the views hereinbefore set forth, but a new hope arises for the practical improvement of the low phases of life in large cities and thickly populated communities, whenever, under the sanction of the laws, the energies and resources of the state shall come to the aid, and benefit by the experiences, of private philanthropists. It is thought that it is time to discuss the application of this " philosophy of facts " to the manipulation of man as an individual and so- The Answer to the First Question 121 dally ; to criminal law, and make it a science of facts, eliminating rules based upon a jum- ble of scholastic notions, or even upon theo- logical theories, however sacred within their sphere ; and to education and philanthropy, as functions of government, to save the youth of the land from criminality. To reverently worship, it is not necessary to clearly comprehend. But to deal with the proper manipulation of man in society it is necessary to clearly comprehend what we are dealing with, as well as not to attempt to deal with what is beyond present comprehension. Physicalness, or physicality, is understand- able and can be dealt with, when understood, unanimously ; spirituality is not yet even com- prehensible in any detail, and in its main out- lines is still the subject of partisan dispute ; but proper physical treatment of the physical man must be in harmony with whatever of him is more than physical. It is submitted that, with no servility to materialist or churchman, the physical nature and activities of man s physical body may be studied, and — aid from no quarter being re- fused — the true progressive methods of dealing with these attributes, characteristics, and facts 122 Applied Sociology of humanity be aimed at, and gradually at- tained. It will involve education in many directions ; deep study, of the human mechan- ism and how to deal with it, of the relative rights of the criminal and society, of how far it is constitutional to tax society for an educa- tion, in its broad sense, as sufficient for the youth of our great cities and communities as was the district school for the hamlets of our Saxon forefathers, in order to so supervise the guiltless as to help extirpate the prisons and their criminals. If we are to shun a repeti- tion of history, we must strike at the physical roots of human degeneracy, and not merely prune the branches ; nor can any greater honor be paid to money than to say that its proper expenditure, if its owners please, may be a true "equivalent" for infantile supervi- sion, schoolhouses, training schools, teachers, and protective and reformatory institutions to partially avoid, and, so far as may be, amend, the criminal, and thus an equivalent for both increasing intelligence and decreasing crimi- nality. This ought to be so ; for wealth is the result of work, and it is really work upon which the progress of humanity, so far as self- dependent, ultimately depends. An American The Answer to the First Question 123 ideal of citizenship that would make the state do what individuals have done for philan- thropy, and institute progressive legislation and pay for its experiments, would be as far beyond the ideals of the past in fact as are American institutions beyond their predeces- sors in theory. And no greater inducement to this can be found than the disseminated belief that in dealing with the child and the criminal we are not dealing altogether with un- manageable spiritual essences, but with physi- cal beings organized, and acting, and acted upon by physical laws whose study will permit as practical a science of education, or criminal jurisprudence, or philanthropy, as of chemistry or biology. And such renovation of philan- thropy and law is no more hostile to any faith, religious or sceptical, than has been the modern development of biology or chemistry. " Render unto Caesar the things that are Caesar's, and unto God the things that are God's." Apply to physical man physical treatment ; and give to religious man freedom to worship undisturbed at whatever altar to him is holy. CHAPTER VII THE ANSWER DEFENDED TO the expediency, perhaps to the rever- ence, of the suggestion to make a purely physical science of sociology, eliminat- ing all imagination-ideas from its premises, some dissent may arise. But the reasoning from the nature and possible signification of language, which urges elimination of imagina- tion-ideas from sociology, might, if carried fur- ther than is necessary for the purposes of this essay, be found to accord with the highest ver- ities of metaphysics and religion. Even should it follow from this reasoning from the nature of language itself, that the whole fabric of metaphysics, from the point of view of a science of fact, is but an I rem of the desert, an enchanted island, a Fata Morgana, a mystic castle of St. John seen but in a vision of the imagination, — this might not render the science of fact irreverent. 124 The Answer Defended 125 Suppose one to take the extreme position and say that metaphysics was built out of the purest hypothesis, whose beginning dates from the first attempt of the first savage who tried to articulate a sound or word which should ex- press his imagined explanation of the fact that his organism was being acted upon and was responding ; that its growth was added to by every new word which expressed an imagina- tion-idea of the cause of this action and re- sponse while savage fears evoked ghosts, created fetishes, and summoned a supernatural agency to account for every mystery, until the savages' descendants had imagined all the myths now entombed in Dr. Tyler's Primi- tive Culture and modern life had bloomed into a thousand forms of mere theory and be- lief, and so say that metaphysics blends with and vanishes with the phantasms of which it was reared, — what is the force of such a propo- sition ? — Only that the realities of metaphysics are of a different order from the realities which are the subject-matter of physical sociology. For it does not for a moment follow that because imagination-ideas are no basis of a sci- entific treatment depending upon sensible and understandable facts, of the physical phase of 126 Applied Sociology humanity, therefore metaphysics is a delusion and animism a chimera. It is one thing to cease to base social physical science upon imagination-ideas. It would be quite a dif- ferent thing to deny to them a high value in a different order of sciences. The mere fact of their existence is, indeed, a valid premise for a science of metaphysics, since all facts, even the fact that errors are believed, must be the pro- duct of evolution if evolution be the true law of human life. Sociology first arises, as natu- rally as chemistry or biology, in animism. And as animism soon fails in and fades out of such sciences, so it soon appears that neither revela- tion nor metaphysics tells us what to physically do with the body of him who injures others, or what physical steps to take to produce a body that will not injure others. And the same may be said of every agnostic or sceptical philoso- phy which builds its lofty framework of system upon ideals of the unseen world, foundation and spire equally out of sight of all but its own acolytes. But this is no hostile criticism of imagina- tion-ideas when used in relation to metaphysics and religion. Physical sociology simply pro- poses to treat human lives physically to secure The Answer Defended 127 improved physical results, and so should rest upon ideas having known correlatives-in-fact. If no "body" were to do any physical act, from the simplest gleam of a smile to the most complex unanimous activity of the entire frame, injurious to itself or to another, but if all phys- ical action were proper action, who would doubt that civilization and human progress would be incalculably advanced ? But who would doubt that such civilization would need and be more entitled to the most lofty concep- tions of metaphysics and religion ? But further : What is the significance of the existence of imagination-ideas as a fact ? Are their correlatives-in-fact all unreal ? Are these ideas false or traceable back to what is wholly sensible, rational, and physical ? No : because in all that the senses or the reason can sensible-ize or rationalize we find nothing which explains the existence of sensible and rational existences. Rational and sensi- ble existences compel an exercise of imagina- tion ; and inasmuch as within the scope of a sufficient imagination their cause or explana- tion would be found, it follows that the imagina- tion-idea of something behind and producing all actualities is not only justifiable but necessary. 128 Applied Sociology and therefore, although in an unknown sense, true. Therefore, upon the premises of this essay, there is something of which our only idea is imaginary ; or, to transpose the sen- tence, the imagination-idea of a cause of sensible existence does have some actual cor- relative which could explain the why and how of existences themselves sensibly and rationally demonstrable and so demanding a correlative- in-fact to the idea of the cause of their exist- ence. Some imagination-ideas, then, even more than ideas arising from sensation or reason, have correlatives-in-fact, although of unknown nature, character, or scope. This necessity of a correlative-in-fact de- monstrates that an imagination-idea, as such, is not always wholly a supposition, hypothesis, figment, except as to the true form of its cor- relative, which cannot be now sufficiently or unanimously understood to be practically dealt with in a practical science ; and so the cause of humanity suffers while men debate. There- fore, physical sociology leaves the true form of the correlatives-in-fact which imagination- ideas must have to the metaphysician and the theologian. But still, if the above discussion is sound ; The Answer Defended 129 if " consciousness " and " thinking " are names for processes or certain activities of the brain ; and if (somewhat as the luminosity of mat- ter in combustion is a state as distinguished from centemporaneous oxidizing as a process) " idea " and " thought " are names for contem- poraneous states of the brain as distinguished from " consciousness " and " thinking " as names of its action (which conditions may come again and again to the same brain, and be reproduced also in another brain) ; and if there can be no thought save as a response to some inflex, no consciousness without an actual object, no thinking without an external impulse set- ting in motion reflex or responsive action, — then it follows that the brain action called " thought " never arises without an inflex to cause it, either mediately or immediately ; that an idea not caused by any inflex is impossible ; and hence that all ideas are responses to im- pressions from actuality and so are either exact truth or else truth so interwoven with other truths as never to have gained proportion or distinctness. No inflex (no impression which causes a reflex) can arise without a cause. This fact becomes a premise for metaphysics, viz. : Imag- 13° Applied Sociology ination-ideas have actuality as their cause, although their blending frequently produces a non-exact idea of this actuality, and although we have no criterion of exactitude. The imagination-ideas of " a first cause," infinity, the aether, as ideas, must therefore have actuality as their cause ; must be true in general, although in outline inexact. They represent impressions and responses, inflexes and reflexes. They therefore represent facts, however inexactly. If the brain does not respond except as im- pressed, the fact that it does respond proves it to have been impressed ; and this proves that that which impressed it was capable of so doing and so was existent. It follows that the hu- man being has as much right to believe in " a first cause " as in a sixpence. The organ- ism responds in more detail — by eye and ear — to the impression of the sixpence. The re- sponses to the impressions made by the sensi- ble object which gives the reflex of a sixpence are more definite than to the impressions which give the reflex or thought of "a first cause." The idea of "a first cause" is the reflex from many inflexes. So is the idea of the sixpence. Inflexes from sight and touch are absent in The Answer Defended 131 the first. But negative inflexes are as true as positive inflexes. Many impressions teach us that nothing physically sensible can exist with- out a cause. The inflex from these impres- sions gives the reflex, the idea, of either a self-originating world or a self-originating " first cause " of it. The latter does not contradict ex- perience — the first does. How any cause could be self-originating we have no inflex. We never have an inflex except within the limit of our faculties. We thus have the idea of "a first cause " — but, as our faculties are limited, not a complete, all-embracing idea. The hoiv of the beginning is not an inflex ; but powers and attributes, in part, are inflexes. Perhaps even this how will become an inflex when the powers of consciousness — as defined — are en- larged. But the impossibility of the original nebula, whence came the world and its deni- zens, coming into existence of itself, is an idea which comes from multiplex inflexes ; and if all inflexes come from actuality, this idea of such impossibility must be true. Yet we have the fact, the inflex, of the existence of the world and its denizens. Now begins the rea- sonine action ; beeinnino- with an inflex which produces a reflex, which acts again as an inflex. 132 Applied Sociology To this mediate inflex we have as a reflex the idea of " a first cause " ; to a similar inflex, the idea of infinity. Aside from revelation, this is one way in which mankind has derived and expressed its idea of a Deity. Nor can there be any inflex to show the impossibility of a correlative-in- fact of this idea ; although there are, also, no inflexes of the whole mystery. Therefore this reflex — this idea — is at present an ulti- mate thought of mankind, as other infini- ties — of time and space — are ultimate thoughts. We see — get an inflex from actuality of — a part of space and a period of time. We say that — it is a reflex that — nothing interrupts the expansion of time or space into infinity ; although we have no reflex as tQ the con- crete whole of such infinity. Nothing within us responds to any impressions of infinity whether of time or of space. So of " a first cause." We see a result — the universe. All the impressions it makes upon us and what we call our knowledge about it pro- duce, as a reflex, an idea of the impossi- bility of the universe being self-creative unless there be asstimed in it something which is not disclosed by any inflex producing a re- The Answer Defended 133 flex of such an assumption. Hence arises as a reflex an imagination-idea of some- thing greater than the universe and which caused and sustains it ; and the sanction for this idea is as compelHng as the sanction for the idea of a sixpence. What that " some- thing greater than the universe " is, except as to certain essential capabilities of it, the human organism cannot yet understand. It strikes us, it impresses us, according to our different capacities for responsiveness or the extent of our consciousness of such necessary attributes. The savage has a glimmering consciousness — Goethe, Savonarola, Tennyson, Cardinal Man- ning have a wider consciousness — of the attri- butes essential to it. And all of these, from their several points of view, believe that they are severally right. Hence arises divergence in religions and creeds. And hence, also, and of course, divergence in systems of ethics, morals, aesthetics. Sometime the light that shines through the prism of life and shows these different creeds as the prism shows colors may all come through the re-formed prism of consciousness. Some- time, if evolution is true and He who works by it as a rule, or, as we say, law, means it to 134 Applied Sociology accomplish so lofty a result. Meanwhile, how- ever wildly coveting the truth that is beyond us, we must be satisfied with this — to faithfully utilize the knowledge which we have ; not wrap our knowledge of physical man in a napkin of superstition, or even faith, and lay it away until we have more knowledge. Now consider these imagination-ideas once more, from the standpoint of language being a physical response to physical impressions. If every subjective word names something occurring in the organism, then such word must involve the something which occurs. All that does sensibly occur to constitute conscious- ness or intent is an activity of bodily organs as a tout ensemble. Hence " consciousness " and "intent" are words expressing the subjective activity which occurs — are names for those occurrences. Now with this activity of the organism alone can humanity be siire of dealing rightly. In it, no doubt, exists that brain activity called " imagination," which gives us fictitious ideas — fictitious because, although some of them may hereafter as heretofore become demonstrable, until this occurs we can only use the fact that humanity has such imagination-ideas, for the The Answer Defended 135 purpose of affecting its beliefs and enthusi- asms. Thus sociology can deal with the dis- cernible, tangible correlatives-in-fact of ideas, and with the fact that there are imagination- ideas with correlatives-in-fact not yet compre- hensible ; and, in so dealing, it denies nothing of spirituality. The imagination-idea of a source or origin of spiritual force in all its individuality of action is thus left by physical sociology where it finds it. The nature or mode or essence of its origin being wholly beyond the present accurate perception of living organisms or persons, its study and administration are left to the different creeds, which present varying forms of this idea and construct varying sys- tems ; in all which is present a central idea of an originating force, together with radiating subordinate ideas of life and duty harmonious with such central principle. And returning suddenly from this broad generalization to the specific reform herein argued for, it may be urged, in closing this chapter, that it is not only permissible but a d^ity — in order that humanity may advance all along the line — to eliminate from physical sci- ences the doubt and controversy that oppose 136 Applied Sociology unanimous conceptions of spirituality ; that it is a plain duty to refuse to postpone establish- ing a practical system of law or education or philanthropy until it be unburdened by such controversy ; a plain duty not to insist that theologic belief shall be first universal ; a plain duty not to refuse to apply what we may all know as to the material bodies and actions of men until agreement is reached upon the spe- cific nature of that force — be it soul or other- wise — which is the secret of existence. While the church fosters spirituality, and metaphysics pushes ratiocination in pursuit of supersensible verities, the social physical rela- tions of men in society require physical systems of criminal law, charity, and the preservation of the citizen. Nor need it be feared lest the views herein suggested lead to fantastic vagaries ; for not only are they in no way anti-religious, but they are meant to stop short of being quixotic. It may be asked, for instance. Why not ex- tend this beautiful physical theory into the homes of the people, and by statute extinguish petulance at the breakfast table, lovers' quar- rels, lawsuits, and elopements ? An answer, in good faith, is plain — Because no intellect is The Answer Defended 137 comprehensive enough or knows how to phrase such a statute. From the time that ^schylus and Euripides represented the work- ing out of tragedy in the play between indi- viduality and environment personified as Fate, down to the last story in which George Eliot or Hardy or others copy their classic forbears, omitting Fate as a character but supplying its terrible role with an unpersonified law of cause and effect, imaginative literature has played over the surface of life like a lambent flame, seeking causes, revealing here and there an outline, here and there universal truth, here and there a blending and weaving of antagon- istic forces. Such literature has been and may long con- tinue to be a favorite form in which to present, illustrate, and study human life ; but of the whole of life, various phases or parts may, nev- ertheless, be capable of enough comprehension to justify a specific treatment ; for we know that vaccination usually prevents small-pox and that wholesome bodies exert wholesome activities. The theory herein suggested, if rightly com- prehended, will not appear to apply to mys- teries of personality, but only to the broad, 138 Applied Sociology specific fact that nine tenths of civilized hu- manity will develop into normal men and women, if given a healthful environment. Doubtless the higher the development, the greater the possibility of tragedy. Doubtless the most highly gifted physical, moral, and in- tellectual organisms are exposed to the great- est damage from unfortunate idiosyncrasies of individuality or environment. But with such problems as these, it would be ungenerous to suggest that this essay has anything to do. CHAPTER VIII TRUE USE OF IMAGINATION-IDEAS IN PHYSICAL SOCIOLOGY IN Chapter VII. it has been observed that the great imagination-ideas of humanity must have some correlative-in-fact, how- ever incomprehensible by and unknowable to human beings, and that, therefore, sciences by which various hypotheses are sought to be made into explanations are of a true value, although they should be viewed as theoretical and not permitted, while their hypotheses are superphysical, to be made the basis of practical administration or use in sociology. No definite intimation has been so far made as to what practical use may be made of im- agination-ideas in the practical science under discussion. But it does not follow because imagination- ideas are not a proper basis for, that they therefore have no part in the practice of, an applied science. On the contrary, if it is a 3 39 HO Applied Sociology verifiable physical fact that an imagination- idea is an actual product of an apparently physical brain, then the imagination-idea has a physical basis and is a phase of physical- ity. It is also a fact that such ideas pass from one brain to another and thus bring about results. It therefore follows that a pro- duct of one physical brain may be communi- cated to another physical brain, may become a mode of motion of that brain, and so exer- cise an influence of vast scope upon its new possessor. Here we find the physical value of imagina- tion-ideas and the true relation to be fostered between ideas-of-fact and imagination-ideas in sociology. Ideas-of-fact constitute the true basis of the assumptions in which sociology should assert itself. Imagination-ideas are stimulants and incentives to cause the physical activity to exert itself in conduct which injures neither its own organism nor the organism of another. Imagination-ideas, as the vehicles of great en- thusiasms and firm beliefs, and as constituting guides and incentives to useful conduct, give rise to sciences of ethics, aesthetics, psychology, and, in a plane distinct from that of the sciences of fact, reach and modify the physical man. Imagination-Ideas 141 In determining how far mankind in social relations may be made its subject-matter, phys- ical science should confine itself to what can be sensibly known. In determining what will affect the individ- ual, it will include those imagination-ideas of which, outside of the fact that they do affect and modify him and his physical exhibition of himself, it knows nothing exactly ; because they have no sensible correlatives-in-fact. It excludes such ideas in defining the ob- jects of sociology, only to bring them back again to assist its undertakings ; because the effect of them in fact can be noted, as well as the effect of a drug or of a straight-jacket. Before illustrating the possibility of such practical dealing with humanity by aid of a physical sociology, it only remains to state the question as to its province and functions. As previously remarked, the first question was with regard to the limits of the proposed science and its relation to the fundamental question as to animistic ideas. That having been answered, the second question remains. CHAPTER IX THE SECOND QUESTION STaTED THE first question whicli arose under the suggestions growing out of the general point of view set forth in the opening chapters, namely, as to whether a science of fact should attempt to deal with the spiritual aspects of humanity, having been answered, we are at once, in taking up the thread of thought, face to face with this question, viz. : If sociology as an applied science is to deal with physical as distinguished from spiritual man, how and where is it to start ? In its first setting out, what shall it turn to ? In general, the first attempt at an applied science of sociology must be to repeat in mat- ters of detail the thought processes by which animistic views of social science as a whole come to be excluded ; to free the various branches or subdivisions of sociology from the premise or assumption, derived from imagina- 142 The Second Question Stated 143 tion-ideas, that the supersensible ego is at all the subject-matter for their consideration or manipulation. Next, although the first purpose of the pro- posed science is iconoclastic, its main and re- lated purpose is not iconoclastic but creative, that it may not merely destroy old images but replace them. It may then take a "new de- parture " toward a practical outcome. Having dislodged old and faulty assump- tions, the business of applied sociology as a theory is to replace these with new assump- tions, and, as rapidly as may be, follow this by a readjustment of practice to theory, making use of such deductive and inductive proofs as may speedily show either the uselessness or advantages of the changes proposed. And before specific formulae can be made complete in the various phases of social life which physi- cal sociology may " take for its province," further facts, of course, will be essential. At the besfinnino' of this discussion, it was observed that proper facts for use as premises or foun- dations are essential to any science which would not be founded upon hypothesis or im- agination-ideas ; and it is equally true that, while facts enough seem to be at hand to war- 144 Applied Sociology rant an applied, as distinct from a theoretical or fnetempirical, science of sociology, yet it may well be that, in various subdivisions, fur- ther facts are necessary to enable the sufficient statement of assumptions sufficiently demon- strated to be termed sensible or matter of fact, and so also sufficient to take the place of those hypothetical assumptions abandoned as insuf- ficient. This indicates that, in pursuit of a general plan founded upon a general conclusion, special branches or subdivisions of social science re- quire to be specialized and special assumptions established as foundations. That renewed study of the human organism, perhaps along new lines, is specially essential, is evident. Medicine and surgery have al- ready furnished the foundation, so far as the individual is concerned. To seek to more definitely establish the physical activities and changes which accompany the exercise of thought, emotion. Intent, consciousness. Is but to follow on after the labors of Harvey in dis- covering the circulation of the blood, Jenner concerning vaccination, Pasteur In relation to organic growths, Charcot as to hypnotism, and the many modern specialists who have estab- The Second Question Stated hS iished the physical relations between the acts of the human organism as a whole, both nor- mal and abnormal, and the condition of its members and nervous system. Perhaps only specialists know to what suc- cess scientific psychology, as it is termed, has been carried. It is not too much to say that every action now termed mental or emotional has been shown to not only include a physical activity of the unseen brain and nervous system, but also to communicate itself to and so affect the accessible parts of the body as to be capable of detection, measurement, and state- ment. If one's finger be placed in the proper in- strument, it will record not only the normal nervousness of movement, but, if meanwhile the brain exert itself to perform any task of thought or feeling, the instrument will dis- tinctly record also the story of the perform- ance of that task. So the normal sensitiveness, activity, and heat attending the normal brain activity may be measured and compared with the abnor- mal. So the physical individuality of a person may be plotted and then depicted from the 146 Applied Sociology special characteristics of size, strength, color, and form, through the special characteristics of the quality or timbre of voice, the delicacy of perceptions, the responsiveness of various sense- or nerve-centres, on to the conflict in which contending motor-forces discharge them- selves along the lines of least resistance in strict harmony with the mathematical law as to the parallelogram of forces. Based upon such investigation and its reve- lations, we have already the plotting of the curves of criminal organizations, and an ap- proximate picture of the criminal as a physical organism. Indeed, physical organism is " sub- dued to what it works in like the dyer's hand " ; and if no flaming color tell its story, yet the telltale organism will give up its secrets when questioned in proper form and method. It is but a question of time and opportunity for experiment to obtain such physical tests of the human organism as shall enable the formu- lation of a system of diagnosing the physical conditions which attend much of the mental and emotional activity of normal citizens, and those which attend the abnormal activity of their abnormal fellows. The physics of what is now termed " consciousness," and what is The Second Question Stated 147 now termed " intent," in this way admit of study, comprehension, and practical treatment. And this, of course, ought to be borne in mind in estimating the possibiUty and utihty of an apphed science of sociology.* But applied sociology is not to be understood as another name for a science of medicine. Social man, not individual man, is its main subject-matter. Yet it is because individual man is what he is physically, that his social relations and environment need to be and can be dealt with, studied, and renovated. Hav- ing by study of the individual learned his requirements, sociology must show how to bestow them, by attacking existing theories, so far as vicious or inefficient, and by pre- senting new theories where the old are swept away. In Chapter VI. the political significance of some of the conclusions of applied sociology was suggested. And when much that is now * whoever desires more light upon this practical phase of the re- sults which are expected from the proposed science may find it in the laboratory of the Bureau of Education at Washington, of Harvard University, and other colleges, and, among others, in the following publications : Fear^ by Prof. Mosso, of Turin, Italy ; Thinkings Feeling and Doing, by Prof. Scripture, Yale University ; and Educa- tion and Patho-Social Studies, by A. MacDonald, Bureau of Educa- tion, Washington, D. C. 148 Applied Sociology called the crime or the sin of a supersensible ego shall be recognized as largely preventable or curable idiosyncrasy of the human organ- ism, then the work, the function, of applied sociology will be to formulate the methods and means by which, under the particular form of government of any people, the entire rising generation may be protected from the degradation and degeneration of unhealthful environment, assisted against an unhealthful heredity, and guaranteed a healthful education ; and the degenerates of the older generation may be so treated as to protect society without also preventing their own reformation. A short definition of one chief object of ap- plied sociology, so far as it relates to commu- nities, would be this : The preservation of the citizen by eliminating the physical causes of degradation which grow out of environment in thickly settled communities. And beyond this chief purpose, it goes without saying that the general well-being of communities will fur- nish many problems only less important. Although this second question as to the practical procedure under the suggested sci- ence is one which naturally arises, its scope may depend upon investigation ; upon what The Second Question Stated 149 may be disclosed in an attempt to answer it in all of its phases. Therefore, having indicated this second question, and the nature of the answer to it, any attempt to show precise limits or to dis- cuss in detail its various phases is omitted. The argument in favor of the attempt to work out and get the benefits of an applied science of sociology may be given more syllo- gistic form ; thus : Normal man — that is, the average civilized citizen— does not exert his activities to injure himself or others, either by his thinking pro- cesses or by the physical action which follows them. The activity of both his brain and hand is not injurious, but, as opposed- to in- jurious, useful. This indicates that organs and senses of the normal individual are fitted to such useful action. But, out of all individuals, some do exert an injurious activity, both in thought and deed ; which indicates that their organs and senses are fitted to injurious activity. It follows that between these two classes of citizens there must be a difference of organism. Now, the outcome or culmination of any given organism from youth to age is gradual. ISO Applied Sociology Starting with the normal environment, accord- ing as it tends to call for and develop activity of the good or of the bad senses and organs, the growing organism constantly modifies it- self, until its activity, both of thought and word, becomes distinctly, and as a unit, either injuri- ous or useful. In other words, if the normal grows by the development of good qualities, you get one result ; and, if it grows by the de- velopment of bad qualities, you get another result. If environment largely causes the outcome, it is of overwhelming importance ; and there- fore, so far as the community is able by practi- cal means to affect the environment of any or all of its citizens, it ought to do so. Now, those citizens who represent the av- erage are already in a substantially favorable environment, although, frequently, peculiar temperaments or organisms do not find the pe- culiar environment which is healthful to them, and so there are many cases of individual fail- ure ; but the hampered classes, who are in an unhealthful environment in the plainest physi- cal matters of shelter, food, and occupation, are the classes to be very greatly affected by a change of environment. Wherever there is a The Second Question Stated 151 want of food, clothing, shelter, and useful oc- cupation, there it is certain that the environ- ment is unfavorable, dangerous, and awaiting physical renovation. This is plain, and offers to the normal com- munity the following problems, which are of a perfectly practical nature, however difficult of perfect solution, viz. : (i) How to eliminate, so far as possible, the evidently vicious from the environment of the normal citizen. (2) How to place the vicious under healthful repression. (3) How to provide, especially for the younger members of the community, a health- ful environment in respect of food, shelter, and occupation. The successful working out of these prob- lems may be attempted with the certain assur- ance that if they be successfully worked out, there will be a corresponding benefit to the community. Moreover, so far as applied soci- ology indicates the grounds for relying upon a physical treatment of man in communities, and justifies and calls for the extension of political supervision over what is so evidently within the reach of law and public administra- 152 Applied Sociology tion, and promises success in results, it also calls for a study and theory of details (already well under way, as above pointed out), in order to not only act upon its own premises and con- clusion, but also to point out the practical steps that are to be taken in order to this accom- plishment. Without further elaboration of the answer to the second question, some subdivisions of social science may be now examined in the light of the theory and suggestions already set forth. Criminal law, education, and public philan- thropy may be taken to illustrate the possibility of an applied science of sociology, under which these branches may be made to depend upon sensible fact instead of, as at present, upon fact and assumption inextricably interwoven. And the three concluding chapters will attempt to furnish such illustration. CHAPTER X APPLICATION OF THE SUGGESTIONS IN CRIMINAL LAW TO apply the foregoing views to criminal law as one of the institutions to be included in social science, consider, — First, The principles or assumptions upon which that law rests and is administered ; Second, How far these principles or assumptions are based upon the imagination-idea of a super- sensible ego, and what consequences result from such a basis ; Third, Whether new princi- ples or assumptions, based upon ideas having correlatives-in-fact, can be formulated, which promise more adequate means and methods in criminal law as a social institution. j First. The present principles and assumptions of criminal law have their own natural history. And doubtless in tracing this, the sentiment Melius est petere fojites qiia7n sectari rivulos " 153 154 Applied Sociology {Co. Liu., 305 b.) would favor a special study of original sources. But, for the purposes of this essay, the easily accessible works of vari- ous scholars,* although not specially directed to the present precise investigation, sufficiently indicate both the origin and nature of these assumptions. Among the underlying ideas as to crime brought by the Normans in 1066 to mingle with the ideas of the English, must have been vestiges of the Roman theory that a private injury is to be followed by private vengeance or penalty, and, when of sufficient gravity, by sacral atonement and public punishment ; while a wrong to the state, as treason, is subject to state vengeance ; both public and private in- juries being thought of as committed against both gods and men. (^Enc. Brit., xx., 675.) The Normans must also have shared with * Vol. vi., p. z'&T,Enc. Brit.; Dr. "Sr-armtr, Deutsche Rec htsge- schichte , Nouvelle Rev. Hist., 1888 ; Bracton ; V\\i^, Hist. Crime; Blackstone, Com., vol. iv. ; Pollock & Maitland, Hist. English Law ; Harv. Law Rev., vii., Nos. 6, 7, 8 ; Prof. Stephen, Com. on Laws of England ; Early Hist, of Malice Aforethought, Maitland, 8 Law Mag. and Rev., 4th Series, p. 406; Criminal Lia- bility of the Hundred, 7 id., p. 367 ; Sir J. F. J. Stephens's Hist. Eng. Crim. Law, vol. iii. ; Crime and Freewill, Tyndall, 12 L. J., pp. 602, 654 ; Cause and Cure of Crime, DuCane, L. Quar, Rev., 2, 327 ; Hqljnies, 'J'he Common Law, Suggestions in Criminal Law 155 the German tribes some ideas of bloodfeud and wergild — of private vengeance and the com- pensation which may sometimes be a substitute. Both at Rome and in the German forests, the injurious deed seems to have been wholly weighed by its result upon the injured party, his family, or representative. Both deed and result are physical. No more than at Rome does intention seem to have been among the Germans a sine qua non or even a constituent of crime. Roman or German thought did not attempt to trace back the deed and its result, but, from dwelling on these, passed forward to revenge and not backward to study them. It would seem, then, that the underlying idea of crime and its retribution brought by the Normans to England represented an act injurious to an individual, and either venge- ance or remuneration therefor taken by his representatives ; or an act injurious to the community, for which the community took vengeance (Tacitus speaks of the tribe putting offenders to death) and perhaps compensa- tion ; which public or private injuries might also involve such impiousness as to demand the sacrifice of the doer of the injury, the intention not being at all considered. 156 Applied Sociology What were the ideas as to crime among the English at this epoch ? If equal authorities differ as to whether old English law came from Germany or was of Celtic origin, that is here immaterial ; because, whether Germanic or Celtic, the ideas enter- tained by the inhabitants of England of a crime were very like the ideas entertained by the conquering Norman. Traces of public fines, corporal and capital punishment, redress to the person wronged, or, if slain, to his kindred — wergild, and blood- feud in default — are found among the Anglo- Saxons. In the time of Alfred, bloodfeud can- not begin until compensation of wergild has been denied, and later the slayer's term for making such payment is fixed at twelve months. For small offences compensation may be made of '^ bdt to the injured and a wite to the king" (Pollock & Maitland, i., 14 ; ii., 449). Decrees by the ancient English kings prove that punishment by the state is awarded, ranging from death in cruel forms to mutila- tion, flogging, and slavery. Outlawry follows some of the worst crimes ; and the rate of compensation and the crimes which are emend- able fluctuate. Suggestions in Criminal Law 157 Bloodfeud and wer£-z/d gra.dua\\y yield to this state jurisdiction, which, however, is still feeble. Prisons being almost and reformatories quite unthought of, the criminal cannot be held, and may conceal himself ; therefore outlawry makes the criminal's head a "wolfe's head," — caput lupinum, — and not only is his estate, but himself, a forfeit, — the legal prey of whoever will find and slay him. Mere procedure is not here in question ; but the Norman ordeal by battle seems rather matter of proof than of punishment, as adopted in England. The twelfth century is said to have wit- nessed a simplification of the criminal law. Life and limb are at the king's mercy in the case of some crimes "with wide definitions" ; money penalties, or damages, assessed by in- quest or jury, appear in place of a fixed bdt and wite ; while outlawry becomes a process to hold the accused. Then, wilful homicide becomes always a capital crime, and wer- gild begins to fade. The word "felony" ap- pears as including "a certain gravity in the harm done and a certain wickedness in the doer of it . . . the word is also being used to signify the moral guilt which deserves a pun- ishment of the highest order" (Pollock & 158 Applied Sociology Maitland, ii., pp. 465, 466). It includes wound- ing, and many injuries punishable with death or mutilation. Later, the wounded party is found waiving the crime and suing for damages, and so getting a bdt not of fixed amount. It is said that arson is one of the first felo- nies in which intention is prominent (Pollock & Maitland, ii., 491). Hale, P. C, i., 547; Blackstone, iv., 220; Stephen, iii., 188 ; Coke's Inst., — show indictments malitia prcscogitata. But vengeance is still apportioned to the ex- tent, not the animus of the injury. Thieving is a curse of the age ; hence theft, a grievous felony, is punished by beheading, drowning, tying to a stake below high water, burying alive, and mutilation ; and treason, which in- cludes flight from battle, cowardice, or betrayal of one's lord, by drawing, hanging, disem- bowelling, beheading, and quartering. Mr. Wigmore remarks : " About the twelve hundreds the responsibility was still absolute and irrespective of personal blame in pro- ducing the harm" {Harv. Law Rev., vii., p. 442). And M. Girard presented a general view in saying {Nouv. Rev. Hist., 1888, p. 38) : " He who regards himself as offended against, takes vengeance for the offence as he Suggestions in Criminal Law 159 will and as he can . . . recognizing only the brute fact that he has suffered. . . . He does not concern himself with the intent of the doer." Mr, Wigmore, agreeing with M. Girard, after grouping the sources of harm as aris- ing from (a) personal deeds, (b) animals, (i) or inanimate things, concludes that up to about the year 1200 "the responsibility was still ab- solute, and irrespective of personal blame in producing the harm." A homicide by misad- venture forfeits his goods and pays a fine to the king, even if his life is spared, and other harm-doers by accident make compensation to the injured. And In a note {Harv. Law Rev., vii., p. 318), Mr. Wigmore criticises Dr. Brunner's assumption that the old Germans " without discussion treated the unlawful in- tent" etc., by saying : " The primitive Germans did not ' presume ' or ' impute ' an unlawful in- tent ; they simply did not think of the dis- tinction at all. To feel the need of such an element, and to ' impute ' or ' presume ' it, would be the mark of a later stage of develop- ment." Thus, before the Norman invasion, and for some time after, the views entertained of i6o Applied Sociology the proper retribution for such injurious acts as are termed crimes called for vengeance upon the doer — whether man, beast, or " beam " from a house ; compensation in lieu of venge- ance ; failing either, outlawry of the criminal man : and established varying rules as to the method of proof ; the form of the vengeance, both public and private ; the character of the compensation ; and the extent and use of the outlawry. Of these general ideas, the central assumption is that the physical fact of injury — the overt physical act and the physical result — is that which is to be revenged, punished, or paid for, without heed to intention (Pollock & Maitland, ii., 468-9, 473). But by the year 1466, a felony is usually alleged aniino /clonic ; whereby it would seem that intentio7i, or whatever emotion the Latin word felonico signified, had then become a con- stituent of the crime. It may be that felonico had reference to the grade of the crime merely. When first does legal history show attention to questions as to intention ? and when do any words appear in legal documents implying that intention is an ingredient of the crime ? Sir James F. J. Stephen in his History of Criminal Law, iii., 43, finds the first statu- Suggestions in Criminal Law i6i tory recognition of " malice aforethought," malice prepense, in a statute of 1389. Professor Maitland, agreeing with him that "it is but grad- ually that malice has come definitely to mean a motive " {Law Mag. and Rev., viii., p. 422), mentions that in 1 270 Warenne made oath as to his fracas with Alan — "q7iod non ex pnscogitata malitia factum fuerat" etc. {id., p. 410) ; that " prcemeditatus assulhis " appears in the old form of words for wager of battle {id., 42 1) ; that a Scotch statute of 1369 says, " prcscogitafam malisiam" {id., 422). He then remarks on " the utter incompetence of ancient law to take note of the mental elements of crime. Of this in- competence there is plenty of other evidence. Our earliest authorities have little in- deed to say of intention or motive. When they do take any account of intention or motive, then we may generally suspect that some ec- clesiastical influence has been at work." He instances mens rea from St. Augustine {id., p. 426). It is pretty plain that, by the common law, up to about 1200, intention was no essen- tial element of crimes, of those injurious acts which were either revenged or paid for in be- half of the injured party. As Maitland sug- 1 62 Applied Sociology gests, while bloodfeud is lawful there would be no source of a suggestion that killing a man involves any evil intention. Later on, without being historically accurate as to the date, comes a time when the intention is first thought of as having a good deal to do with the character of the act as criminal. Perhaps the thought arose in distinguishing secret from open murder. Indictments and court docu- ments come to use words imputing not only intention but malicious intention ; trials are had Involving such questions ; sentences are passed affirming the existence of intention ; and gradually the whole criminal law is di- rected at only such acts as are done intention- ally ; until we reach such statements as these : " Malitia pracogitata means evil intended beforehand, . . . the dictate of a wicked, depraved, and malignant heart."- — Stephens, Com. Laws of £ng., iv., p. 69. " . . . to render a person liable to punishment he must have a guilty intention, or, as it is called in Eng- lish law, malice." — Enc. Brit., vi., 588. " All the several pleas and excuses which protect the committer of a forbidden act from the punishment which is otherwise annexed thereto, may be reduced to this single consideration, the want or defect of will. . . Indeed to make a complete crime cognizable by human Suggestions in Criminal Law 163 laws there must be both a will and an act. . . . An overt act . . is necessary in order to demonstrate the depravity of the will before a man is liable to punish- ment. And, as a vicious will without a vicious act is no crime, so, on the other hand, an unwarrantable act, with- out a vicious will, is no crime at all." — Blackstone, Com., iv., ch. ii., 21. " As punishments are therefore only inflicted for the abuse of that free will which God has given to man, it is highly just and equitable that a man should be excused for those acts which are done through unavoidable force and compulsion." — Id., 27. The common law as to crime at first regarded only the physical act performed and the physi- cal consequences of the act. It took no account of will, intent. Gradually, the idea of an evil will and intent crept into the law, and finally became an essential ingredient of crime. A very early phase was that the physical thing doing the injury be devoted to compen- sation ; hence, the theory of deodands. Then, the man who causes an injury shall suffer by bloodfeud or wergild, by vengeance taken upon his person, or by compensation paid in atonement, if the injury be private ; by state punishment, if public ; and by sacral atonement, if the act be impious. At a later stage, the man who " lies in wait " 164 Applied Sociology to cause an injury shall suffer, the distinction being rather misty and perhaps taken to avoid liability for pure accident. Finally, the man who does an injurious act inalitia prcecogitata shall suffer for it. Malitia prcecogitata involving intent and malice, at first may have included only fore- seeing both the overt act and its resulting in- jury ; but soon a malicious intention comes to be presumed from proof of the corpus delicti. Hence, unless it be shown that the doer was non compos or a child ; unless there be something affirmatively to show that the accomplishment of an injury by means of the act was not foreseen, was not a purpose, — the doing of the naturally injurious act itself proves malitia prcscogitata, and a crime is made out. When the criminal law reaches this stage, its form becomes fixed and so remains down to our day. It is a "far cry" from the views of our half- savage ancestors who destroyed a thing or a man who had killed or wounded a neighbor, to the charge of a nineteenth-century judge telling a jury that intention to kill, wound, or steal is a prerequisite to any liability under Suggestions in Criminal Law 165 the criminal law. This is not merely a ques- tion of year-books and rolls ; for it involves the origin of one of the basic, causal thoughts of human nature, as well as the history of its transfer from some original source into the criminal law. Nor is it enough to say that in its first use rnalitia prcBcogitata and its synonyms served to discriminate a crime from an accident, or the act of a sane man from that of one incapable of cogitation at all. For even if that be true, it does not explain what the intention which must be present consists in when it is present. Therefore, it is necessary to trace out the meaning of the word. Beginning with the early law, the desire for vengeance or bloodfend, reimbursement or wergild, arises as the natural feeling of partially civilized men. When those men come together to form general laws, it is not wonderful that, from time to time, they merely change the method without abandon- ing their former reasons or ends in view. The community does what the friends of the injured would do. Until more subtile views of man and his springs of action prevail, those men can but go round and round in the same circle. 1 66 Applied Sociology Thus, the criminal law develops no farther than humanity itself. Only when reason has seemed to confirm the suggestions of the imag- ination and the emotions, do social conditions improve. The fruition of freedom was once but the dream of a slave ; the brotherhood of man, the vague thought of a mystic. Natu- rally, criminal law is at first but the manifesta- tion by the community of the blind impulse of its individuals. Not until reason has begun to work with the idea that a man is something finer than a beam, that something besides the mere physical act which injures is concerned in a crime, does that same reason substitute finer ideas of retribution. And if, at a given epoch, we can discover what are the controlling ideas with which the community deals with man as a criminal, we shall there discover the source of the assumptions and principles underlying the criminal law of that epoch. Some such source for and explanation of inalitia pracogitata must be found in the general ideas of the people who invented such phrase. The above quotation from Blackstone, that punishments "are only inflicted for the abuse of that free will which God has given to man, . . . an unwarrantable act, without a vicious Suggestions in Criminal Law 167 will, is no crime at all," indicates these general ideas. There is no obscurity as to what ideas the words " intent," " will," " free will," " vicious will," broadly import. The history of opinions or of general philosophy need only be referred to here to prove that the ideas attached to the above words are distinct themselves, how- ever curiously indistinct in their correlatives. The intellect which knows ; the inmd which conceives, judges, reasons, and intends ; the wz7/ which chooses ; and the heart which feels, — are but names for ideas about the various faculties of what has long been thought of as the spirittcal part of a human being. Under this mode of thought, mind is not a physical but an immaterial faculty. Of the mind, Jona- than Edwards said, " The will is plainly that by which the mind chooses something." Inten- tion is thought of as a state of mind. It is clear that the viciotis free wz7/ which constitutes the criminal intent is thought of and written of by Blackstone, mouthpiece of the law, as the act of the spiritual part of the human being. And from, at latest, some time in the fif- teenth century a crime has been thought of as an injurious physical act caused and accompa- nied by a vicious free will — that is, a joint act by 1 68 Applied Sociology the spiritual and physical parts of man, acting as a unit. This spiritual part is not thought of as any portion of the body, but as its spirit. Animism, the theory of an immaterial ego or spirit permeating natural forces and vivifying humanity, has come into the criminal law. The mind, the will, are names for the activity of this spirit in man. Theologic sects give vary- ing form to this general theory. Controlling the religious orders, it becomes the current belief of all men. This will be assented to without aid of dic- tionaries or philosophies. To state here in detail how Christianity branched into sects, and sects formulated creeds ; how the Greek idea of the Logos associated itself with Chris- tian faith ; how one after another the mediaeval and modern philosophies unfolded, all, how- ever, having as a central principle this theory of the dual nature — the mingled physicality and spirituality — of man, — would be an at- tempt, by one wholly unequal to the task, to write a history and not a mere handful of sug- gestions. But it is in this theory of the dual nature of man that the criminal law as defined by Blackstone finds its basic assumption — that Suggestions in Criminal Law 169 what is called crime is the product of the superphysical part, the mind, the will, of man. And now, remembering that the word " crime " in law does not include all viciousness, but only certain exhibitions of it, under such definitions as the state prescribes, and using the word here to designate acts of such nature as have been considered proper subjects for prosecution and punishment, we are ready to answer the first inquiry, and formulate, suffi- ciently for present purposes, the principles or assumptions upon which criminal law reposes to-day : (i) That crime arises from the voluntary, responsible, and free will or intent of the super- sensible part of man called his soul or mind. (2) That physical punishment of the crimi- nal by mere suffering is a right of society, both as a retribution to the criminal and a protection to society by controlling him and intimidating others. (3) That punishment may rightly extend to deprivation of life, which in some cases is (ac- cording to Sir M. Hale) even necessary. (4) That society is not, as a condition pre- cedent to exerting such right, under any obli- gation, to the offender. lyo Applied Sociology Second. How far are these assumptions of the crim- inal law based upon imagination-ideas ? Few words need be wasted to show that such is their basis ; for quite evidently the idea of a supersensible ego as the originator of malitia prtBcogitata, malice, vicious will, is the same imagination-idea of the same ego assumed as the originator of consciousness. In their application, are they logical or illog- ical, just or unjust, adequate or inadequate ? Their logic has been assailed in various cur- rent objections. Their positive wrong and injustice appear in the practical administration of the law. Their inadequacy is traceable to the useless- ness of imagination-ideas, destitute of correla- tives-in-fact, for a foundation of criminal law as a science of the sensible facts of one phase of social development. To elaborate these statements a little : These current objections to the logic of the law's assumption of a supersensible ego arise among men widely separated in political, re- ligious, and social beliefs — among logicians, necessitarians, and evolutionists, to whom it appears impossible that a responsible, super- Suggestions in Criminal Law 171 sensible ego can be attributed to insane, de- mented, idiotic, and weak-minded persons, and impossible that normal persons, under normal conditions, should injure either themselves or others, and so with them criminal action does not occur. Yet, eliminating these two extreme classes, there remain only those who are abnor- mal and in a normal environment, and those who are normal but in an abnormal environ- ment ; in which view this assumption of such ego is illogical, and so unsound and practically useless. Again, believers in predestination, to whom crime is a legal phrase for sin, who attribute it to an abnormal state although they admit no escape from it except by election of powers outside of themselves, must feel that free will in crime is logically impossible. Again, it is a growing belief among evolu- tionists that the man of to-day is intellectually and morally chained to all his antecedents, except so far as released from such of these as have been neutralized or overcome by growth of higher faculties ; and while it is questioned whether the congenital criminal is a sporadic and accidental savage born into civilization, or a degeneration in type from civil- 172 Applied Sociology ized progenitors, yet in either view he is abnor- mal, and so abnormal action, aside from any ac- tion of any supersensible ego, must characterize his activities. The second and third assumptions that pun- ishment, as such, of man by man, and even unto death, is right, have long encountered a prejudice ; and a sentiment against punish- ment as mere vengeance is not overlooked by Blackstone (iv., p. ii). Statistics, so far as taken, carry to many minds a weighty refutation of the efficacy of extreme punishments. (See A. J. Palm on the Death Penalty, Am. Journal of Politics for December, 1892.) As to the fourth assumption, the precedent obligation of the community to its criminals is attracting much attention. Many arguments have been made in support of the proposition in Enc. Brit., vi., p. 585, that while prison man- agement and punishment are important, " the preservation from guilt of the great majority who are yet guiltless is of an importance infinitely higher." (See L. O. Pike, Hist, of Crime in England^ Some theorists say that statistics support this obligation by indicating that, for the same expenditure, a greater protection can Suggestions in Criminal Law 173 be obtained from educational and reformatory institutions than from whipping-posts, ducking- stools, drawing and quartering, hanging, or electrocuting. Over $1,000,000 is said to have been the cost in Germany of the seven hundred criminal descendants of one criminal woman born in i 740. In next referring to the grave injury and wrong flowing from these assumptions, it may be conceded that, when first imported into the law, the idea of malitia pracogitata was an advance ; that it relieved the involuntary or excusable slayer from a retribution undeserved but inexorable. If so, this is not the only in- stance in which the justice of an earlier age has become the injustice of its successor, or In which the truth of one age has afterwards become a falsehood. But from about Blackstone's time these assumptions are chargeable with — (i) The killing of innocent persons, the destroying of innocent lives, preventing the regeneration of many more lives, and, inci- dentally, disgracing, discouraging, and produc- ing the degeneration of very many more. (2) The assumptions possess no varying adjustability to varying types of criminals, 174 Applied Sociology but only to varying degrees of the injuries committed. Their criminality is always the same in kind, — the sin of the supersensible ego, — but the punishment is graded by the degree of injury to the victim. From this it happens that a criminal by occasion, who, in an excess of rage produced by an exceptional environment or sense of danger or desire to escape detection of some lesser crime, kills another, is hanged for it exactly as is a con- genital criminal whose nature it is to kill, who may have committed many murders. It is irrelevant that statutes attempt to correct this ; for such statutes grow, not out of these assumptions but out of humane sentiments. (3) These assumptions ignore any cure of the criminal, unless by moral means. The crucifix and the prayer-book are their only restoratives, and are not offered as and are not of any earthly use. It is irrelevant here to answer by pointing to ordinary reformatory institu- tions, or even to Elmira. Such institutions are no defence for assumptions by which they are wholly ignored, but rather the reverse, rather so many proofs that crime should be dealt with as a physical phenomenon ; for they are so many products of that scientific philan- Suggestions in Criminal Law 175 thropy which, even without direct attack, seems to be gradually undermining and de- stroying these old assumptions, together with the horrible Bastilles of which they laid the foundation stones. (4) The assumptions take no thought and make no provision for the prevention of crime, except by fright, terror, fear, to be excited in uncaught criminals by killing or imprisoning those who are caught. No doubt there are far too many criminals in the community to make it safe to withdraw terrorizing. But no further preventive is suggested by these as- sumptions, except that, so far as crime is sin, the church and morality are expected to meet it with instruction and reproof. Of crime as a result of physical constitution and environ- ment, the church and morality theoretically know nothing. The hardened criminal fails to comprehend the reproof and treats the danger as incidental to his pursuit, which constantly returns him for a fresh sentence. Thus the prisons " devour and cast up again," scarcely diminishing the shoals of offenders. But although these assumptions have been thus variously attacked, they are still the classical foundations of criminal law. Error, 176 Applied Sociology since Paracelsus called his attendants to see him drink the " elixir of life," and, as it chanced, also to die from the poison ; error, since witches were pressed or burned to death " for their own eternal good " ; error, not only of entire systems and special tenets, but interwoven with truth and there shining as a base-metal strand in the woof and warp of royal vestments, — error re- treats perhaps as slowly from the law as from any other human institution. The law re- ceives most suspiciously and reluctantly, and yields ever more conservatively than it receives. Opposed alike to novelty and to change, " it is a backward suitor, but an indulgent husband." Fearful of rights which show no precedent, impervious to wrongs which time has hal- lowed, laden with responsibilities broad as life itself is broad, the law is most conserva- tive in relinquishing error and in embracing truth. That it has thereby shunned many a quagmire, detected many a false light, and stood fast against many an onslaught of 'ism and 'ology on the road of human progress. Is true. Better no change than a bad one. If what is herein suggested be, in whole or part, but the changed form of some insinuating, many-headed error, then no one more than Suggestions in Criminal Law i77 this writer will be grateful for a perception more piercing than his own. To him it seems that, besides the above grounds of dissatisfaction with these assump- tions, the preceding argument made against the use of imagination-ideas in sociology and illustrated from consciousness leads to the abandonment of imagination-ideas in law as an applied science, and that such argument in- volves, logically, not only their dismission but also (as shown later) the foundation of other assumptions to replace them. That is, — to repeat a little, — the fundamental assumptions of criminal law are, like similar prevalent assumptions in sociology, vague and arbitrary so far as they make an immaterial, spiritual ego the source, in the one case of consciousness, in the other of nialitia prcB- cogitata, and consequently are unadapted and inadequate to, and inefficient equivalents for, the protection of society or the reformation of criminal man. From this point of view, these old assump- tions are erroneous and unverifiable as to what the law calls nialitia prcscogiiata, mahce aforethotight, or vicious will ; because — (i) There is and can be no sensible proof 178 Applied Sociology of any free will about it, in the old sense of the phrase. (2) There is no proof of anything volun- tary about it, as coming from any supersensi- ble, metaphysical ego. (3) There is no proof of any responsibil- ity about it, in the sense that a supersensible, immaterial ego caused it and could have es- caped or avoided it. (4) As these assumptions are based upon imagination-ideas which have no sensible cor- relatives-in-fact, they cannot be made the sen- sible premises for any conclusions as to what results — retribution, control, correction — should follow upon the commission of injurious acts. They arise in superstition, act in dark- ness, convict without reason, punish without discrimination, fail to protect society, ignore reform of the criminal, and, by their false theory that crime arises from a supersensible ego, hamper or prevent the state from apply- ing its secular energies to its prevention and extirpation. Third. What has applied or physical sociology to offer in place of those old assumptions ? Suggestions in Criminal Law 179 So far as consciousness is physical, malitia prcecogitata, criminal malice, will, or intent, is also physical ; a disposition of the organism toward the activity termed "criminal" result- ing from a parallelogram of inflexes producing a particular reflex ; a residual reflex leading to such activities after various concomitant in- flexes, so far as equal, have neutralized or bal- anced each other. From a physical standpoint, the growth into or away from the criminal status may be re- garded somewhat as follows : Take any given subject — say a boy of fifteen, of ordinary in- stincts, passions, senses, and little education. We must begin with what he has got, what he is, at the time we take him. Now, suppose that his physical inclination to use words of truthfulness, to do acts of honesty, and to exercise bodily temperance are exactly equal to his physical inclination to the profit obtain- able by a lie, or by theft, or the enjoyment of what has been called " the love of a fuddle." If all his associates are liars, thieves, and drunkards, the latter inclination will be grati- fied, encouraged, intensified, and the resulting acts practised by him. Nothing will oppose, everything will inflame, the tendency to lie, i8o Applied Sociology- steal, and drink, as physical acts. In the course of a few years, the easiest activity of the man will be to lie, steal, drink. His brain and senses will so act. To induce him to ab- stain will require re-forming the structural con- dition which he had at fifteen years. Until that is done, the physical acts of this organized being will be lying, theft, and drunkenness. This is not deniable. Now, if at fifteen all his associates are truth- ful, honest, and temperate, his inclination to be the same will increase. In the course of a few years, the physical action of the man will not permit him to lie, steal, or drink ; and if he reaches a mature age and is subjected to no sudden and extraordinary temptation, he will be an honest, truthful, temperate man — that is, he will abstain from the physical acts of lying, thieving, and drinking — and continue so from force of habit. Now, of course, this simple instance is not offered as a fair type of either environment or of individuality. It is too simple. The ordi- nary boy of fifteen is already unequally dis- posed to injurious or uninjurious acts. His environment is scarcely ever one of uniform or even continuous character, but temptation Suggestions in Criminal Law i8i or prudent examples and counsels come to him in various proportions. And yet, if the simple example is the truth, as cannot be doubted by any one, then a prin- ciple is established by it ; and although in the complex life of a complex individuality the problem is a hundredfold more complex, yet, theoretically, all the antagonistic personal and external forces will balance or modify each other in the same way as in the simple ex- ample. The outcome will depend upon the parallelogram of the various forces. As, according to the law of equivalents, every result requires not an unfixed but a fixed proportionate cause, the causes which produce a saint or a sinner must be equivalent to the given result. " Every man has his price " is a maxim founded on fact, even if there be some men to whom it would never apply. The possibil- ities of the most saintly natural character may be obliterated by an environment sufficiently overpowering. Whether a thoroughly abnor- mal character — a born or congenital criminal — can by training from infancy be moulded into an honest, normal man, perhaps the world does not to-day know ; and it may find that it 1 82 Applied Sociology is possible only by a successful surgical opera- tion, producing a change of physique. And in the case: of a great criminal, whose biography is a tale of " blood and lust and crime," science finds an organization in some parts like to that of cannibals and savages, attributes his acts to an organization endowed with and ruled by only primal instincts of savagery, and so refuses to look upon him as endowed with all the discriminating percep- tions and pure emotions of normal men, which his supersensible ego viciously thwarts and denies ; refuses to regard him as stamping out these normal qualities by an exercise of free will, but regards him as entirely destitute of them. And while this view is not at first sight as easy of acceptance when a high capacity is present, — where, as we say, the man is " smart," — yet, on second thought, it would seem that to explain the criminality of such person by free will is less easy than in the case of a fool. It may be that a congenital criminal is, like some animals, untamable. But however this may be as to the congenital criminal, the phys- ical activities of the ordinary person will, as a rule, be exercised as they are taught to be and will result in such physical action as injures Suggestions in Criminal Law 183 neither himself nor another, or the reverse, according to which variety of actions he is made to practise from childhood to mature years. Doubtless, a different view is interwoven with the prevailing theologic notions of the day, which would treat crime as sin punishable by law, and impute to humanity " the unshaken conviction that sin is forever, while man is man, the outcome of an exercise of the power of self-determined will." This may be so ; but whence came the "self" which has such a "will" toward sin? Unless self-engendered, it can have no respon- sibility as the author of a sinful will. A man may have a self-determining will ; but does not the character of its determinations depend upon what kind of " self " it is ? Only a theologian, if anybody, is competent to combat the above dictum in its strictly theo- logic sense ; and this is a layman's query. But the moment such dictum is taken out of the- ology and offered as the basis of practical criminal laws, of physical dealing with crimi- nals, that moment the physician, the prison- reformer, the statistician, the publicist, may gome forward with a staternent of the ess^n- 184 Applied Sociology tials of actual procedure, which does not include, even if it does not deny, such dictum. Scientific men have another way of looking at the will : " If, then, our organisms, with all their tendencies and capacities, are given us without our being consulted, and if, while capable of acting within certain limits in accordance with our wishes, we are not masters of the circumstances in which motives and wishes originate, if, finally, our motives and wishes determine our actions, in what sense can these actions be said to be the result of free will?" — Professor Tyndall, Birmingham Ad- dress, The Law J^ournal (Oct. 13, 1877), xii., 602. A more specific sentence from an article by S. A. K. Strahan, M.D., in the Weshninster for June, 1895, p. 664, may be quoted. The article is entitled " What to Do with our Habitual Criminals," and the author says : " Our treatment of criminals is founded upon the erroneous supposition that the root of all crime is vol- untary viciousness, and that it is possible, therefore, to terrorize the law-breaker into living a law-abiding life. If we would once recognize the perfectly established fact that a very large part of the crime committed is the outcome of inherited vicious temperament, and beyond the will of the individual, we would be in a fair way to the establishment of a new prison system which would be as economical and beneficial to society as it would be humane." Suggestions in Criminal Law 185 Now on this old question of " free will " it is still impossible to have unanimity. Two op- posite views are expressed in the first two of these three quotations. And yet, if the law is to determine whether a supersensible ego exists as a cause of crime, it must take sides with either the theologian or his opponent. But, as was remarked early in this discussion, the time has come when social science should no longer take sides upon any question of spirit- uality. Here it may be repeated as to crimi- nal law as a subdivision of sociology, that it should be a science of the known and not of the unknown, of fact and not of hypothesis, as these words have already been defined. The third of the above quotations comes nearer to a practical suggestion : Eliminate from criminal law its animistic assumptions ; make it a science of sensible facts only ; in its administration, confine it to dealing only with the physical man, in which it may, of course, have all the aid which theories of religion, ethics, or aesthetics can contribute. To illustrate : A man is tried for killing another. There is no occasion to inquire as to spiritual intent ; whether there was any free will about it ; whether it was voluntary in the 1 86 Applied Sociology sense of wilful ; or whether there was any moral responsibility about it. The necessary inqui- ries are, Was the act committed ? If yes, was it a normal act ? If the tribunal find that it was purely in self-defence, it was normal ; if it was purely accidental, it was normal ; and so on. If it was not normal, there remains the main question, How far was it below the nor- mal ? — I. e., was it the act of a congenital crim- inal, a lunatic, a robber, a drunkard, or of one smarting from a special wrong ? When all such necessary and proper inquiries have been exhausted, the status of the indicted will be clear, the cameo of his act cut clearly by his personal mechanism upon the surface of his life. To the tribunal by which sentence is imposed can then be submitted a description of the criminal, his heredity, his antecedents, his age, physique, temperament, the circumstances of the overt act constituting the crime, and so a problem proposed to this tribunal, under such general powers as may be from time to time entrusted to it, something like this : What is the proper disposition of this person? Is it safe to society to allow him to go at large ? 1$ Suggestions in Criminal Law 187 there any special treatment likely to reform him personally ? That the burden of dealing individually with so many criminals necessitates treating them to a great extent in classes is, so far as this essay goes, a question of detail, as is the ques- tion of how far capital punishment should be ever inflicted, and how far compensation for the injury may be made a feature of the treat- ment. If the general scheme herein suggested be ever thought worthy of trial, its exploiting will require many other lines of investigation. Although not strictly in point, a curious il- lustration of how men, without preserving the ancient bloodfeud or wergild, have been led to impose a liability for injurious acts without calling in the offending intent of a superphys- ical ego, is furnished from the law as to inju- rious acts, mostly below the grade of crimes, called torts, in which " intention to violate another's rights, or even the knowledge that one is violating them, is not in English law necessary to constitute the wrong of trespass as regards either land or goods." Even in wrongs to the person, reputation, or estate, it is only ''generally speaking" that injury is "wil- ful or wanton " ; it may include merely " what 1 88 Applied Sociology the Greeks called v/3pts." While the ancient Anglo-Saxon law enumerated the injuries en- titling the victim to compensation, modern law imposes, as a duty, "to avoid causing harm to one another." (Pollock on Torts, pp. 9, 12, 18, 21, 22.) So accordant is it with an inherent sense of justice, or so evident is it that the well-be- ing of mankind demands that he who injures another shall make it good, aside from any presence or absence of intention, that we have here in the modern law of torts a suggestion of a system of law as entirely independent as was ancient criminal law of this assumption of a malicious intent of a guilty superphysical ego. Professor Pollock (p. 1 2) comments upon the liabilities under the law of torts, and their "want of intelligible relation to any moral con- ception " ; this liability being for acts only, without reference to any question of intent. Perhaps the commentators of the future will wonder that, at the close of the nineteenth century, a mere imagination-idea — that a ma- licious intent arises from a guilty superphys- ical ego — should have condemned men to death, and will class the delusion with witch- craft. Suggestions in Criminal Law 189 Now this deductive theory as to the neces- sity of providing different assumptions as the basis of criminal law may be supported by induction. Within a comparatively few years, a theory has thus arisen that crime is largely the result of heredity and environment, the idea of criminal man being emphatically changed, not by reversion to the savage idea of blind revenge upon the doer of an injury, but by exchanging the intermediate notion that crime is the product of a responsible free will for an idea that the individual, here as elsewhere, is the result of his personality plus his environment ; that his original character is wholly and his environment largely the result of causes over which he had no control ; that the circle of his freedom, if such a word be proper at all, lies only in the very restricted and very varying sphere within which his intellect or common sense may, but only according to its nature, exert itself ; and that, therefore, both for the protection of society and the im- provement, if possible, of the criminal, such treatment is required as will neutralize the elements of his character which prompt, and the environment which favors, the commission pf crime, such treatment involving an examina- igo Applied Sociology tion of the environment and the physical, emotional, and intellectual make-up of the in- dividual, with a view to correction if possible, and, if not, to repression by imprisonment or otherwise. The Italians have reached some such theory as this by induction, which may greatly assist to formulate a new set of assumptions for a system of correction, development, and re- pression, upon principles which shall sweep within the proper jurisdiction of the secular authorities much that has been heretofore thought to belong rather to the domain of religion and moral law. The deductions made in this essay are sup- posed to generally harmonize with and support the inductive logic under which Professors Lombroso and Ferri have inaugurated a system for dealing with crime. To attempt a summary of their work would not be here in place ; but as some of their expressions seem to accord with that material- istic philosophy which the sciences of sociology and criminology should not depend upon any more than upon the theologic notions pre- viously referred to, it may be in point to quote from Criminal Sociology, by Professor Ferri ; Suggestions in Criminal Law 191 deprecating, however, the use of these mere quotations as the basis of any criticism upon his theory as a whole. Professor Ferri says : " No doubt the idea of a ' born criminal ' is a direct challenge to the traditional belief that the conduct of every man is the outcome of his free-will, or at most of his lack of education, rather than of his original physio- psychical constitution." — P. 2. " Human actions, whether honest or dishonest, social or antisocial, are always the outcome of man's physio- psychical organism, and of the physical and social atmos- phere which surrounds him." — P. 52. " No crime, whoever commits it, and in whatever circumstances, can be explained, except as the outcome of individual free-will, or as the natural effect of natural causes. Since the former of these explanations has no scientific value, it is impossible to give a scientific ex- planation of a crime (or, indeed, of any other action of man or brute) unless it is considered as the product of a particular organic and psychical constitution acting in a particular physical and social environment." — Pp. 54, 61. He illustrates how different crimes against o the person are directly traceable to physical malformations, and affected by conditions — as when Phylloxera diminished the wine crop and thereby lessened the yearly assaults ; and those against property, to varying social conditions 192 Applied Sociology and necessities, even such as unusual severity of the weather (pp. 77-79). Observing that, in France, judicial repression and criminality have increased together (p. 91), he still per- ceives that immunity from punishment would demoralize the public conscience (p. 109), and looks not to an abrogating but an amending of the criminal law. He remarks : " Social hygiene comes in as criminal so- ciology proves the causes of crime" (p. 135). " Legislators need proof that crime is not an outcome of free-will, but a natural phenom- enon" (p. 140). This last sentence expresses the matter too strongly, as it seems to the writer ; for the whole reasoning of this essay is based upon the impossibility, shown or illustrated from the nature of language itself, of proving or dis- proving, or comprehending, in fact, the spiritu- ality of man. If this is true, then no " proof" can be made to legislators, even if their preju- dices would accept it, that " crime is not an outcome of free-will." But, eliminating that question, confining criminology to the physical phases of crime, proof can be made to legislators that crime is so bound up with the physical development Suggestions in Criminal Law 193 and environment of the criminal that when you treat those you treat him ; that crime is ac- companied by a physical condition or disease ; that it is pestilential in that it is contagious ; that a normal person may be seduced by en- vironment to degradation ; that a degraded person may be raised from degeneration to health ; and that, in so far as these things are true, the state can take jurisdiction of much hitherto left to the charge of the church, the moral law, and the efforts of private philan- thropy. It all comes back, as the writer thinks, to this : The question of spirituality is not to be passed upon by but eliminated from physical sociology, and from criminal law as a sub-di- vision. This conclusion has been reached in this essay by deduction. But Professor Ferri's induction confirms the conclusion that criminal law should be a physical science, although he seems not to eliminate the question of spirit- uality and free will, but to say there are no such things. But, surely, such a conclusion would be as repugnant to the logic of physical science as would the opposite conclusion of a theologian, 194 Applied Sociology Perhaps Professor Ferri does not mean to deny spirituality ; his use of the word psychical would imply rather assertion than denial. But however this may be, great support to the the- ory of this essay would come from his findings of fact. Professor Lombroso is widely known not only as the founder of a subdivision of science, but an elaborator of its details ; as one who has constructed a non - animistic science of criminology, not by the logic of deduction but by induction. He has endeavored to differen- tiate criminals, by classes of individual pecul- iarities, from ordinary individuals, and the connection thus established between human structure and human action, between the mis- shapen body and its injurious activities, is well-nigh a demonstration even to the most incredulous. He has progressed so far already as to define, by their increasing physical devi- ation from a physical standard, various classes of criminals as follows : The occasional criminal ; The criminal from passion ; The born criminal ; The morally insane ; The epileptic, Suggestions in Criminal Law 195 All degrees of physical variation may be found between the two extremes, and the inference from his investigation is that from the highest normal physical type of man or woman to the lowest degradation from that type there is a physical scale, which to a suffi- cient perception would perfectly represent the grades of human organism ; in other words, there are individuals in the community rep- resenting such scale. It is a tribute such as the founder of a novel theory does not always live to hear which is paid to Lombroso in the Revue Scientifique^ Paris, October 26, 1895 : " Almost everybody is, at the present time, in accord with him on the point that the criminal is an abnormal person whose responsibility must be considered from another point of view than that to which we had become accustomed in former times, that he is really in some degree of an unbalanced mind." And the same review suggests that from this new conception of the criminal will be brought about a change of ideas and of customs re- garding the administration of criminal juris- prudence. Now, one man is convinced by deductive reason ; another man readily yields to proof 19^ Applied Sociology by induction. Both united bring about as near a demonstration of truth as is permitted to human faculties. It has been argued in these pages with what may seem to be iteration of old matter (al- though used to a different conclusion), that the reason for making social science physical, or at least non-animistic, is that the old ani- mistic assumptions are insufficient, inaccurate, and non-equivalent assumptions. It has been attempted to show in what these animistic assumptions are inaccurate and why they are non-equivalent, viz., the impossibility of obtain- ing, or of expressing in language, any accurate, understandable idea of that spiritual ego whose activity has been named "consciousness"; whose deflections from moral standards are, under the present criminal law, held to consti- tute crimes ; whose activities are sought to be guided by present schemes of education ; but the ideas concerning whose nature and capa- bility have not as yet inspired the half of society which grows, enriches itself, and rules, with a sufficient spirit of philanthropy, or even a sufficient desire for self-protection, to provide adapted means and methods for social progress. To those who are in accord with this argu- Suggestions in Criminal Law 197 ment and to those who accept the conclusions in one phase of sociology from the theories and experiments of Professors Ferri and Lom- broso, it is no wonder that the physical or non- animistic sciences have progressed very rapidly and the animistic sciences have stood almost still for the last fifty years. Difference in the nature of their premises and in the method of their procedure easily explains the difference in result. It is not true, merely because humanity tends towards religion almost as visibly as a physical body tends to fall under the law of gravitation, that a guide for the manipulation of what is purely physical and of this world Is to be found in religion or in religious theories or beliefs. The instruction of Him whom the Christian religion recognizes as its greatest teacher, to discriminate between the province of Csesar and of God, should be followed. It has been and is erroneously supposed that sociology is indissolubly connected with a spiritual life, which is looked forward to after this life is over. It may be true, and certainly there is no purpose in denying, that there is a connection ; but it does not therefore follow that, in the words of the old hymn, " Religion is the chief 198 Applied Sociology concern of mortals here below," or that you can manage the child, the criminal, or the citizen, or formulate the laws of social progress by simply theorizing about the undiscoverable action and nature of that superphysical ego which is called the human soul. The work of Professors Ferri and Lom- broso is here referred to for two purposes : First, to support the conclusions discussed in this essay ; secondly, to remind the reader that there is a different path to these conclu- sions as to criminal law from that followed in this essay, which, indeed, may be thought by many of those interested in these questions to be a safer path than the one herein followed. The question of "paths," as such, is unimport- ant. The important thing is to learn how society may progress, how reach a new van- tage-ground, how formulate a practical plan for the safe developing of that portion of the community which ought to be developed at all, and for the correction and repression of that portion which, representing the forces of evil, as evil appears to us, stands as a perpet- ual bar to progress and a constant menace to the perpetuity of such progress as the world is making. Suggestions in Criminal Law 199 Other literature, specified in the bibhog- raphy in Mr. MacDonald's Abnormal Man, furnishes statistical support to the same gen- eral conclusions, which may be fortified by the results at Elmira, now accessible in print. Effect of Ass2i7nptwns upon Adequacy of Means and Methods. Excluding the sporadic reforms attributable to occasional reformers ; excluding also the present earnest search for proselytes by quasi- scientific or medico-philosophical enthusiasts as to prison reform and kindred subjects, — it may be said that the terrible history of crimi- nal punishments for five hundred years is the natural history of the present error-encrusted assumptions of the criminal law as a system. Once establish by common consent that a criminal is a thing accursed, an embodied evil ''will" a stalking ''malice" an incarnate "spirit" of hate and cruelty and murder, and no further search is needed to explain the sentiment which has applauded his doom, — whether to hanging, drawing, and quartering ; or to decapitation ; or to exile on death-laden barques, sailing to equatorial hells ; or to lin- gering madness at the prison wheel ; or to the 200 Applied Sociology stiller death by starvation within horrible dun- geons. No thanks to these assumptions that a slowly rising human pity has substituted the swifter noose or chair, the cleaner prison-house, and the striped jacket, although accompanied by weakening toil or curdling idleness. Within twenty years, in the United States, pits in the ground have been thought good enough for him to whom those " assumptions " have been made to apply ! In chapter i. of Rationalism in Europe, Mr. Lecky summarizes the history of witchcraft, the belief that an evil spirit possessed a person and that such person killed or injured others. It does not clearly appear why the person possessed was deemed punishable for this for- cible dispossession of himself — whether it was because his own soul was supposed to have become the prey of and in league with the powers of darkness, or, his own soul absent, that an evil spirit had occupied the body. But, however that may be, it is plain that the belief and consequent action — the burning, pressing, torturing, of thousands of victims — was a product, an outgrowth, of humanity as much as were cannibalistic idolatry, the brazen arms of the Carthaginian idol, and the supersti- Suggestions in Criminal Law 201 tious rites whose fires illumine the slowly mov- ing panorama of the early world's religions. How singularly like the nature of the as- sumptions of the criminal law was the nature of those assumptions of witchcraft ! Barring their supposed supernatural powers, the witches were only criminals, their acts of murder and mayhem like acts of criminals, although thought to have been aided by an unholy magic to powers which the mere criminal lacks. How singularly like the origin of the belief in the maliiia pi^cscogitata of the crimi- nal was the origin of the belief in the witch character ! At witch trials, witnesses swore to the com- mission of certain acts ; and the law, founded upon false assumptions, assigned the presence of a bad spirit as the cause of those acts. It received this idea from theologic notions, as it did also the similar idea of criminal malice, to which it still assigns a spiritual source at trials for murder or arson. It tells the jury that if they find an act of killing by one not exempt and who knew he was committing the act, then the actor was an intentional, responsible, free moral agent and punishable with death therefor. 202 Applied Sociology Is the sporadic, occasional taking of life by savage, or degenerate, or abnormal persons, ever reason for its repetition by humanity in all the deliberation of legislative, judicial, and executive action ? And even if in the case of a human "wild beast" this is defensible, should it be upon an imagination-idea that the mur- der was the act of a responsible, free soul which might have abstained if it had so willed, and did not so will, but, "with malice afore- thought," became a "criminal"? Professor Ferri observes that education and not savage punishment made an end of witch- craft. {Criminal Sociology, p. 83.) So will education make an end of crime as now viewed by the law. The similar belief upon which it purports to rest is also a fantasy. To the growth which is part of evolution, we owe progressing ameliorations of society ; and soon society will admit that a criminal as con- ceived by these old assumptions of the crim,inal law has no more existence than had a witch as conceived by Sir Matthew Hale. In spite of the survival of these assumptions, prison reform and criminal reform are being to-day earnestly fought for by a small party of crusaders, who find at last a public frame of Suggestions in Criminal Law 203 mind ready to listen, and to pity as they hear. But why not attack the means and methods of these assumptions by also attacking and out- rooting the assumptions themselves ? Why permit the continuance of this inconsequence between these assumptions of the past and attempted practices of the present ? Why not replace these assumptions with principles, based upon which, as a foundation, criminal law would itself become the fountain from which the modern state as well as the private philanthropist would draw the right and the duty to apply adequate means and methods for the protection of society and the repression — when possible, the regeneration — of the criminal ? Were this substitution accomplished, society as a whole would be committed to the ade- quate means and methods which this small body of social reformers has slowly forced into experimentation. Denying no creed, ques- tioning no rehgion, quenching no hope, but based upon physical possibilities of dealing with the physical organism of physical man, criminal jurisprudence would become not only a reformed procedure for determining the ex- 204 Applied Sociology istence and degree of that abnormal physical state called criminality, but a reformed public system of practical dealing with the hygienic, educational, and ethical necessities of those convicted of crime. CHAPTER XI APPLICATION OF THE SUGGESTIONS : PUBLIC EDUCATION ONE who is ready to concede the justice of the criticisms herein suggested as to the current assumptions underlying the criminal law, the utility of their re-forma- tion, and even the generalizations leading to such criticism and rebuilding, may yet doubt how far public education is susceptible of im- provement by enlarging its physical basis, and may not have considered whether attention to the fact that it has such a basis is a reason for extending its advantages so that it may be more universal and so be made to benefit those whom at present it hardly reaches at all. For while from the premises the conclusion is logical and necessary that to a large extent primary education properly falls within phys- ical limits ; and while it is at present largely carried on within those limits, — yet it is also 205 2o6 Applied Sociology evident that many children never get any benefit from it, because of their position in life. It may well be that no such overturning is reasonable in education as in criminal law. They are very unlike. We do not find as the foundation of education assumptions so spe- cific, so crystallized into set phrases, as are those upon which the criminal law has been for long years avowedly based. One reason of this difference is, probably, that the criminal law is a differently conducted institution from educa- tion. The law operates upon individual cases. Each case requires a repetition of specific for- malities, and is thus a specific, distinct asser- tion of the truth of the specific assumptions under which the criminal is judged. Public primary education, on the contrary, simultaneously operates upon many individuals in large masses. Its raison d'itre and the premises from which it is concluded to be nec- essary are usually out of sight, except in some general formulas which are rather statements of its general advantages than definitions of its subject-matter. The law says the particular criminal was guilty of malitia prcecogitata. Edu- cation says that general intelligence is essential Public Education 207 to the well-being of individuals and the pros- perity of the state. It is in order to consider how far a greater attention to the largely physical character of primary education may make it possible and practical for the state to extend its advantages to those whom it does not now reach. What is education ? — Admittedly the " leading forth " or symmetrical development of the growing human being. If public, it cannot be sectarian. Special systems of religion or morals are alien to it. It must follow broad lines, endorsed by unanimous consent. What it aims at and seeks to reach is : First : A sound and healthy digestive and muscular body, of which the essentials are proper air, nourishment, exercise, rest ; which intelligent hygienic, dietetic, and sanitary sci- ence can deal with. Second : A body that will not injure itself. What is physically essential to producing such a body ? — That it be subjected to such impressions upon its senses as will arouse the self-preservative instincts, not only as to " can- dle flames " but everything else ; or, in other words, that to it be communicated, until inter- woven with all its structural activities, the facts 2o8 Applied Sociology of what self-action and what external agents will cause detriment to the person as a whole ; and that, during this novitiate, the person be watched and guarded from injury. Third : A body that will not injure others. What is physically essential to producing such a body ? — That it be subjected to such impressions upon its senses and nervous or- ganism as will arouse the emotional instincts — the responses — which we describe as pity, sym- pathy, justice ; or, in other words, that to it be communicated, until interwoven with all its structural activities, the facts of the similarity of structure and purpose between itself and others, of the community of its interests with those of others, of the equality of its interests with those of others. Fo2i7'tIi : The healthful exercise of all the powers which reside in and emanate from the brain as the organ of thought and reason. And what are the essentials to developing this healthful exercise ? At the risk of tediousness, it will be neces- sary to speak more minutely here, and to resort to our early illustration of the orange and fol- low in some detail what the organism as a physical structure must be made to do. Let Public Education 209 us say that a young child is to be taught, or made to acquire the capacity of, arithmetical calculation. The purpose is to enable the rapid succession from inflex to reflex, and from reflex acting as a new inflex to further reflexes, in relation to a certain class of facts whose complexity soon becomes too intricate for manual and even visible exhibition. To illustrate, merely, let us say that we be- gin by showing him some cents, side by side, and teach him that the words " one," " two," " three," etc., signify one, two, three, etc., facts. Thus he gets the Impression of number. We similarly cause the impressions signified by the words " addition," " subtraction," " multi- plication," and "division," as related to facts. Thereafter his brain can reproduce and use at will such dealing with such relations of facts. When the text-book has been concluded, the brain has become accustomed, more or less readily, to go through the states and changes which may be summed up as " arith- metic." It is a classification of one kind of work which the brain can accomplish by Its own physical activities. Whatever else Is present, physical activity of brain structure Is sensibly present. The illustration might be 2IO Applied Sociology- duplicated from other branches of education ; but for present purposes further illustration is unnecessary, if the one given is understood ; for the total of such instruction is, principally, to enable and accustom the brain powers to busy themselves about proper subject-matters, so that when the novitiate of education is over, the pupil will be ready, able, and willing as a physical entity to continue his useful activity in all his relations during his life. The general subject of education with its many technicalities is such as it behooves or- dinary writers to be shy of, as far as either criticism or eulogy is concerned ; for the former is likely to wound, the latter to offend, some of the various theoretical or practical advocates of special systems. Yet between the practical criminal jurisprudence or code that would em- body the theories hereinbefore attempted, and the practical philanthropy which would advo- cate a protective system for all the youth of the land, lies the question of training which is to be the ally of the former and the means of the latter. And in what must be here said of education, as such, it will be sought to avoid, as it has been in the previous discussion, views which may be useless because of their antago- Public Education 211 nism to existing theories on this subject ; the object being rather to draw from all systems than to raise a controversy with any. In its physical aspects, one purpose of all education is to assist in the building up of what is frequently termed " character," whose visible exhibition is seen in the bearing and action of the individual as he moves in and affects surrounding society. " Character " is, while the name of much else, the abstract term for the exhibition made by the physical entity which constitutes the man or woman. Now, the object is to produce a given " character," or, in other words, a healthful physical person, which will injure neither itself nor others but exercise all its powers in useful and happy activity. Public education, however much more it may do in providing a more special culture, must do as much as this as a founda- tion. And the question asked in this essay is. Upon what theory may this much be accom- plished by state aid, not in some cases but universally ? Now, upon the views hereinbefore set forth, it is plain that a considerable part of the prob- lem is concerned with purely visible physical factors. To make a healthful physique is a 212 Applied Sociology physical process accompanied with preventive sanitary measures. To impress upon that physique, through the medium of the senses, the consciousness of its own necessities and the like necessities of others, is largely a physical process ; and the activity to be pro- vided for it is also largely physical activity, whether of the muscles only or of the brain tis- sue. Now such primary physical education is in harmony with and not antagonistic to the existing system of public education. All sys- tems of education include, perhaps under more abstract or metaphorical terms, the above- mentioned four objects by their appropriate physical means. To the success of all meth- ods of education, this physical protection and manipulation of the infant and youthful human being is an essential ; for if any one of these four purposes be not accomplished, there nec- essarily results an imperfect, weak physique, or a self-destructive physique, or a physique destructive to others, or an idle, and so useless, member of society. Now, if this be true, manifestly all infants and youthful children require, as the price of their proper development, a supervision and training in these four fundamental prerequi- Public Education 213 sites of good citizenship. So far as any exist- ing schools and institutions fail to bestow these, they may well be broadened accord- ingly. But, as intimated above, no examination as to how far any of these schools or institutions need such broadening or reformation Is here at all intended. It is as to the needs and now unsatisfied requirements of a class of children, and the feasibility of the state attempting to meet these needs, that we wish to invite con- sideration, — a class which signally needs the above-mentioned fourfold development, but which at present is not receiving it because largely deprived of the advantages of that part of it which is administered in healthy, happy homes, and also of that part which public schools now bestow upon those who receive their benefits. The chief purpose of this chap- ter is to introduce the following chapter upon public philanthropy, by showing that certain fundamental necessities to and characteristics of future good-citlzenship are bound up with an education that consists in physical training, not Oftly of muscles but of brain, in physical ma- nipulatio7i of the physical hitmari organism, tm- tilit becomes stich a physical entity as naturally 214 Applied Sociology exercises its developed powers along the lines of useful activity. From such showing a further conclusion becomes irresistible, — that not only should the child of well-to-do parents be thus devel- oped, but the unfortunate offspring of the poverty-stricken or degraded among us should be made the object of state solicitude. For, if the way to make the child a good citizen involves physically developing him into such a healthful man as injures neither himself nor others but naturally turns his activities into useful occupations, and meanwhile protecting him from a pestilential environment, then a broader duty is bestowed upon government in matters hitherto left largely to moral agencies such as the state has nothing to do with, a more pressing obligation put upon property- holders, and a theoretical basis for a public scheme of practical philanthropy brought plainly into view. CHAPTER XII APPLICATION OF THE SUGGESTIONS IN PUBLIC PHILANTHROPY PUBLIC philanthropy, as here intended, refers not so much to the animus in which the many assist the few as to the methods and means by which the assistance is rendered. And the question for discussion is, whether a more practical basis for a broaden- ing and extending of its scope and benefits may not be established under the principles and sanction of a system of applied sociology as hereinbefore suggested ; or, otherwise stated, whether these principles of applied sociology do not bring within the scope of governmen- tal administration phases and conditions of poverty, misfortune, and degeneration hith- erto largely left to private benevolence, char- itable associations, and the church. In previous chapters the following deduc- tions from the belief in human progress under the laws of evolution have been suggested : 215 2i6 Applied Sociology (i) That the individual must be developed in all his powers ; (2) That he must be restrained from bar- ring the progress of his fellows ; (3) That for securing this development and repression, society may deal with the sensible facts of physical existence, and thereby build up an applied science of sociology ; (4) That applied sociology cannot make animism a premise or take sides as to its truth or any of its phases ; (5) That applied sociology may recognize the existence of imagination-ideas or animistic ideas, and use them as incentives and means ; (6) That crime, degradation, and degenera- tion are not products of normal individuals and are largely susceptible to physical treat- ment, prevention, and cure ; (7) That both the restoration of the crimi- nal and the preservation of the guiltless are so largely physical processes, and so analogous to the treatment of the sick and the warding off of disease and pestilence as to bring both within the power and duty of the state. Since government, in its modern meaning, was made for man, and not man for government, its ex- isting functions are sacred only so far as they Public Philanthropy 217 further the ends of progress, and may properly be broadened or restricted whenever the state may properly assume to do what it has not yet assumed, or may properly be relieved of any hitherto assumed duty. Now society is to-day confronted with a condition. We have come to believe that the law of progress demands the development of the individual — all individuals. And yet nothing " under the canopy " is more evident than that, of a large and increasing number of the community, it is the fact that the indi- vidual is not being thus developed. Here, then, we reach a condition of antagonisms of theory and practice. We have determined what should be done. We see plainly that what should be is not being done. Why not ? " What lets ? " In Mr. Arnold's poetical phrase, " Brothers, the Darkness lets." That is, although the state, or society, has seen and realized the use of a public system of education, it has not advanced much beyond that in the way of enabling and compelling the hampered classes to receive its benefits except through private philanthropy. A partial ex- planation of why, with manifold machinery for elevating the race, — churches, schools, missions, 2i8 Applied Sociology clubs, trades-unions, brotherhoods, and associa- tions of so many colors that society may be com- pared to a chameleon slowly crawling into the sunlight, — so large a section remains in dark- ness, is this : There is no adequate public pro- vision for and management of this " large and increasing class which is not being developed." Under old civilizations, theory regarded the lower strata of society as slaves ; under our civilization the theory has changed, but practi- cal system has only partially embodied it. The classes who sway the community admit the " equal rights " of the hampered classes, but they have not yet developed all the practical results of the admission and supplemented theory with system. So far as theory goes, it is not surprising that a Frenchman should have struck the key-note of the modern rela- tion of wealth to want. M. Casimir-Perier, Prime Minister of France, was quoted, p. 4, The World, May 19, 1894, as saying: " We must reform our morals at the same time as our laws. Those who enjoy a superfluity must form a larger idea of their social obligations and resign themselves to assuming a somewhat heavier portion of the public charges in order to relieve those who buy bread for their families with a daily wage." Public Philanthropy 219 The children of the hampered classes need and are entitled to a scheme of management, a system of public philanthropy, analogous to the system of education. Of course, only an outline of such a scheme, sufficient to illustrate its scope, is possible within present limits. But this statement is hazarded : Communities will yet realize the need and the possibility of a public system of philan- thropy ancillary to the public system of educa- tion and to a more enlightened system of criminal law. And such system will deal with the physical side of life, at least until more is known of its other side. Let us come to the point : How are poor, submerged, hampered children to become healthy adults and useful citizens, who will in- jure neither themselves nor the community ? In this question are involved the interests, selfish and patriotic, personal and family, finan- cial and moral, of all citizens, from the lowest to the highest. Now, according to the views above set forth, the preservation of the citizen may be attended to, and better secured than at present, by physical methods neither doubtful nor incalculable in results. For the relief and development of this ham- 2 20 Applied Sociology pered class of the rising generation and the consequent improvement of society, it may almost be said, given the confidence of the community, that only one thing is now lacking, — money to pay the necessary bills. How small a thing is that, thanks to the modern in- crease of wealth ! To every child, from the time that it leaves its mother's arms, and in some cases before that, a physical supervision and physical education, as hereinbefore de- fined, may be assured. Recurring to previous chapters : First: The child must be physically nurtured; Second: The child must be trained into a being that will not injure itself, that will not injure others, that will be able to exercise all the force of all its individual powers. How ? Practically what is proposed ? In the first place, no provision beyond a sufficient school system need be made for that fortunate portion of the community which loves and is able to train its children. In the second place, a proper commissary department, including necessary lodging-places, food supply, and opportunities for receiving the necessary training, must be supplied, and a force analogous to teachers or supervisors be Public Philanthropy 221 appointed, whose duty it shall be to see to it that every child not thus fortunate in its birth shall be provided with sufficient food, clothing, lodging, compelled to live in conditions of bodily health, and be subjected to such an environment as to develop its powers. The practical details and difficulties of this do not fall within the limits of this essay. The proposition is that they can be met ; that the brains that have, on a smaller scale, dis- pensed private benevolence in the Peabody fund, in founding colleges and various institu- tions, in managing the public-school system, children's aid societies, reformatories such as those at Elmira and Concord, and college settlements like Andover House, can admin- ister and execute the extension of existing public and private beneficences which is here advocated. This is not the place to discuss how state supervision shall be informed and mollified by the personal interest felt by indi- viduals in gaining a personal interest in and hold upon those whom they aid ; or how far the state shall simply provide the funds to broaden the usefulness of such institutions as children's aid societies. New classes of insti- tutions — places for proper training of very 222 Applied Sociology young pupils, and manual training for advanced pupils — will be needed beyond the provision of lodging and food. For the younger chil- dren the training needed is more passive than active — the providing of a healthful environ- ment rather than the imparting of knowledge. Universities might well be open to such of the graduates from lower schools as display, under proper examination, a capacity to follow a higher training Avith profit to themselves and to the state ; in order that the state lose no material for any function of citizenship. To enable all this may or may not require a state board or various municipal boards of philanthropy, together with the machinery of returns and reports. The cost per capita must be found and funds be provided accord- ing to the sum thus shown to be needed, as in the case of the public schools. Private be- nevolence would lend great assistance at the inception of such a scheme. This suggestion of a basis for a scheme of physical philanthropy fully accords with the physical requirements of the growing genera- tion. Learn, supervise, and minister to the physical needs and capabilities of its members, and ninety per cent, will become good citizens. Public Philanthropy 223 It strikes at the most prolific source of crime and degeneration. It fights the neglect which leaves a normal child to become, by an unfa- vorable environment, an "abnormal man." It interposes another safeguard between citizens and criminality, similar to the common-school system. With such as do become abnormal, criminal law may deal, as hereinbefore dis- cussed. No doubt prisons, almshouses, hospi- tals, and similar institutions will not be speedily eliminated. Congenital criminals — but one- tenth of the entire body of criminals — will still trouble society's repose and laugh at efforts toward their own renovation. But there will be fewer criminals by contagion, by idleness, by environment, as these sources are sapped and eliminated. Perhaps congenital criminals may be diminished by laws relating to marriage. Nor would the outlay seriously prejudice the community. A nation that proposes $80,000,- 000 for harbors can spend yet more for the men and women who own them. It costs about one hundred dollars per year for each child boarded at state expense, and about one hundred and ninety dollars for each inmate of children's homes supported by the community. If this be multiplied by the number of chil- 224 Applied Sociology dren requiring supervision and support, it will make a sum equal to but a small yearly per cent, upon the real and personal property whose protection and accumulation would thus be gradually increased. Financially speaking, this expenditure would, in a few years, increase the wealth-producing class and diminish the cost of courts, jails, and hospitals. A normal, able-bodied workingman earns his support, at least, by labor which helps the community, instead of costing the state money and depriv- ing it of his labor, as does the criminal. At this point, many grave questions arise, — socialism ; natural idleness ; inability of the willing and able to always find remunerative employment ; periodical disturbances, turning the scattered few who are idlers by nature into an army of the idle by constraint ; criminals and sloths, who are not confined to the ham- pered classes ; paternalism, which is neither democratic nor healthy ; and other similar troublesome questions. In reply, it may be said that the revising of criminal law, the elaboration of education, and the establish- ment of a system of public philanthropy, as so many applied sciences of fact, are not of- fered as a nostrum or cure-all ; yet these la- Public Philanthropy 225 bor questions, finance questions, socialist ques- tions, would all lose some bitterness if a part of the wealth of the country be thus turned to the benefit of its hampered classes. It may, however, reasonably be asked, What more than the present broad and growing systems of "charities and corrections" is de- manded ? Doubtless their sufficient practical extension would approximate what is herein suggested ; doubtless, without reference to theories, the physical needs of the poor and unfortunate are to-day being studied as never before. But these systems as they exist seem incapable of sufficient extension unless their logical premises can be altered and extended. The prevailing systems of criminal law and of public aid or charity are to try criminals under the old assumptions of the law and to punish them, and to deal out charity to such cases as "either apply for it, or are found by a force of officers inadequate to detect all cases of necessity. And just as crime is thought of as the sin of a supersensible ego, so poverty and degradation are also thought of as largely its product, while the development and growth of the child is also thought of as the growth of this supersensible ego, instead of as the 2 26 Applied Sociology growth of a physical body and brain whose fu- ture physical action will, in ninety cases in a hundred, depend upon whether it is developed in health, cleanliness, duty, and proper activ- ities, or in the miasma of an environment of unwholesome food, air, dress, occupation, and companionship. And it is evident that the su- persensible ego of the child cannot be publicly treated in either law or philanthropy : first, because it cannot be comprehended ; and, sec- ondly, because it cannot be made the subject of unanimous but only of various and partisan treatment. The theory of the criminal law is erroneous and needs revision. The theory of the system of charities is not only too restricted, but it also shares in the error of the assumptions of the criminal law and exaggerates the moral and belittles the physical needs of those whom it would serve. Moreover, it is not compre- hensive enough. Every degraded child is a cause of many other degradations ; and, until there is complete supervision of an entire community, those who are left free to do so scatter the seeds of poisonous growths so rapidly that, while the numbers of those aided increases, the number needing aid also in- Public Philanthropy 227 creases with the population. The scheme or theory of charities and the state's relation thereto need to be broadened until the aim be that no child be allowed to grow up in any but a healthful environment ; for " one sinner destroyeth much good." The purpose of philanthropy should be to extirpate certain physical sources of degeneration completely. But this will not become its purpose until its animistic premises are eliminated ; until it is admitted that degeneration and poverty are largely physical evils and subject to physical treatment, and this treatment made the duty of society, and of the state as its representative. And when the physical possibilities of phys- ical supervision and treatment are fully ap- preciated, so that they become a part of and the assurance of the success of public philan- thropy, then the consequent extension of the present practical administration of what is now spoken of as "charities" may reach the am- plification which the true interests of the state demand. Two questions may be alluded to as likely to arise in the practical realization of the proper extension of charities as thus baldly outlined. One is this : What right has the 228 Applied Sociology state " by force and arms " to compel the par- ent to submit to any deprivation of authority over or use of the child ? And the other is : What right has the state to demand from the whole body of citizens, or from the whole tax- able property of all citizens, the funds neces- sary to such supervision and such training- places ? It is always, according to an ancient maxim, " the first step which costs." The first step has, in fact, already been taken. The funda- mental right of the state was implied, at least, when the right to compel some education and the right to tax for it were established. " 1672. Under the authority of colonial laws," Boston's " selectmen ordered parents to put their children out to service, or to indent them out ; and if they did not, the authority had power to take them from their parents for that purpose." (Quincy, Hist. Boston, p. 6.) The further supervision as above outlined is matter of degree merely, and the degree of edu- cation or taxation is only a matter of discre- tion. If, therefore, society as a whole thinks that the public-school system should now, in the light of progressing civilization, be ex- tended because the field for its usefulness Public Philanthropy 229 has been extended by the natural growth of altruistic sentiment and by the increased im- portunity of the subjects of its aid, the same justification is to be pleaded for such ex- tension as was urged for its commencement. There is no hard-and-fast limit to the princi- ple. If society may educate at all ; if it may control the parental use of the growing child at all, — it can only be in a representative gov- ernment, upon the ground of the greatest good of the greatest number ; and what or how much that greatest good requires is a question but of discretion. The right of the state to see to the educa- tion of its minor citizens is established : and if physical supervision will ward off criminality ; if degeneration can be arrested, as can yellow fever, by physical means, — then the right of the state to extend it as suggested herein is also undeniable, and, in so far as it is essential to the well-being of the state. It is not merely a right but a duty. Perhaps no further answer to the question as to the right of the state need be attempted than that which seems to accord with a well-established public sentiment. But some reader of these pages may be by birth and by training a conservative, having 230 Applied Sociology little sympathy with reforms simply as such, and disposed to the theory enunciated by Mr. Lecky, that argument, as such, avails little, and only when its appropriate civilization dawns will any reform make much progress. In view of the overpowering proof of possibilities in the light of the theory of evolution, one may believe in this possibiHty of practically acceler- ating social progress, and ask if the " appropri- ate civilization " has not dawned ? To such as are thus sceptical of new 'ologies and 'isms, some aid and comfort may arise from a less popular view of the social conditions of the day, which, not denying the above pre- sentation of the right of the state, may derive such right from less popular considerations. The popular view is founded upon an assumed right of the individual to " life, liberty and the pursuit of happiness " and to all that assists the accomplishment of this, including state action and aid. Another view involves the same result, but bases it upon a different premise, — the premise of the interest of the strongest. From time immemorial communities have been ruled by the class which is the strongest, and although in a representative government power resides in the voters and shifts frequently. Public Philanthropy 231 yet, within the bounds of the constitution, the party in power is supreme. In the North- ern States, how long was it before antislavery principles became dominant ? And to-day prohibition is, in some communities, firmly established ; in others, as Massachusetts (ex- cept so far as license is prohibition), repudiated. Now what is. In fact, the arbiter? The right and wrong of it ? — No ; for the minority which believes in prohibition has no proof that the majority is right. The practical arbiter with us, as with our predecessors, is not anything else than the right of the strongest. Therefore, practically, if the dominant sen- timent of the majority of voters favors the establishment of such supervision and pro- tection of the young by such system of philan- thropy as has been above baldly pointed out, there is no way of stopping it. The remaining question is, Wzll the strongest favor it ? And this may probably be answered by considering whether it is their interest to do so. It is as clearly their interest as it is the interest of a new community to have lynch law rather than none, to have a swift and certain ^method of dealing with those who steal mining claims, or run off horses. Ev- 232 Applied Sociology ery kindly, altruistic sentiment of pity or fair play ; every religious and humanitarian in- terest ; every patriotic sentiment ; every par- ental and family instinct desiring personal aggrandizement, the safety of wealth, the permanency of free institutions, — favors and demands it. Every selfish instinct that con- cerns itself with merely a permanent field for the making of material wealth ; and every fear — whether it haunt philanthropists or capital- ists, or those who favor a single tax, or those who have yet more socialistic tendencies — that corporate power may gradually repress and finally deny to the poor and humble their true share of civilization, must look to proportional elevation of all ranks of the community as the main safeguard. And, finally, that great under- current that carries forward modern civilization and produces all of these classes, and yet is more than any of them ; that trend of progress which is as natural and as certain now as when the first atoms obeyed the law that fashioned them into matter ; that growth toward loftier ends and wider horizons of thought and action, — all this may be descried as tending to the development of the practical physical philan- thropy herein advocated. Public Philanthropy 233 In conclusion, then, of this subdivision of this discussion, it is submitted that philanthro- py may be broadened upon the basis of this physical treatment of physical man ; that it teaches what to do with the criminal and what to do with the young to prevent his becoming criminal ; that it shows how this may be practi- cally accomplished ; that it is legal upon the same general principles upon which the public- school system rests ; that, under representative government, it is within the power of the ma- jority, and that every reason favors this major- ity In taking the necessary action. This conclusion, it should be observed, also rests upon premises set forth in the first part of the discussion. The principles and con- clusions there found are, it is perhaps needless to say, assumed as the foundation of these sug- gestions of a physical philanthropy, although not again specially referred to. CHAPTER XIII SUMMARY THIS essay presents some deductions from premises which happen to impress the writer as both reasonably sound and potentially fruitful. If these premises are sufficient and these deductions true, there may probably be other lines of thought, conducting to similar conclusions, which may better har- monize with the ratiocination of other minds or with the different points of view, tempera- ments, or mental processes of differently con- stituted searchers after truth. " For every worm beneath the moon Draws different threads, and late and soon Spins, toiling out his own cocoon." But, however that may be, when all the lines are drawn together the prominent propositions which may be seen to have taken concrete form and approximated concrete dimension in the foregoing discussion are these : 234 Summary 235 All men, without regard to antagonisms of religious belief, may unite in the recognition of facts which the physical senses of all men establish. All men may agree to postpone, as a pres- ent basis for the practical political action of the state in regard to philanthropy and crimi- nal law, theories or beliefs which fluctuate and vary as the imagination-ideas of men vary. All men may agree that, whatever else may be or must be included in that which is at- tempted to be expressed by words such as " consciousness," " intent," etc., a physical ac- tivity of physical constituents is evidently in- cluded ; and that study and treatment to secure the proper action of these constituents — the action which injures neither the actor nor his fellows — are in harmony with and approved by codes of morality the most abstract and aspira- tions of rehgion the most exalted. All men may agree, then, that the physics of " consciousness " and " intent " and " malice " are one with the physics of the living being ; and so agree that these modes of action are chained up with and improve with the pro- gressive elevation of the human organism ; and so agree that, from the infant just becom- 236 Applied Sociology ing receptive to impressions, to the criminal with many a congenital or acquired deformity, humanity is capable of physical manipulation ; and that one price for its at least partial re- generation is an adequate and adapted physical treatment in criminal jurisprudence, education, and philanthropy. All men may agree that criminal jurispru- dence should, as a purely social institution, be reorganized upon the basis of the sensibly physical qualities and capabilities of the organ- ism with which it is to deal, and so as to in- clude not merely the safety of society but also all possible reformation of criminal man. All men may agree that education can profit- ably concern itself more than it does at pres- ent with the physical development by physical means of the physical organism which " thinks " and "wills" and "feels" and "is conscious" not only spiritually but also physically. And, finally, all men may agree (" the signs of the times " in the growth of altruism, the sense of justice, the perception of the real community of interest of all fellow-citizens of a state, point to a day when all men will agree), not only individually but by political action and state institutions, to strive to anticipate the Summary 237 physical causes of degeneration, vice, and crime, and, by enlarging the theories which establish and the practices which pay for the public-school system, to insure an uncontami- nated infancy and a protected youth to those whom the fortune of life has hampered and begirt with an environment favorable only to degeneration, by establishing, as another and perhaps most potent state institution, a public system of philanthropy or protective training. And while fostering physical development of the child, physical repression and regenera- tion of the criminal, if not all men, yet the major part may still agree that " imagination- ideas " — which, as light from the sun and color through the rainbow, emanate from humanity in beliefs and aspirations the most exalted — constitute a high sanction of human progress, and are the true reflections of the divine hope that, vivifying humanity, prompts it to work out an appointed destiny in a faith as old as Epictetus, — Wvxdpiov si fiaardZov vExpov. " For the glass of the years is brittle wherein we gaze for a span ; A little soul for a little holds up this corpse which is Man." THE END. Sociology. Social Facts and Forces. The Factory— The Labor Union— The Corporation— The Railway— The City— The Church. By Wash- ington Gladden, author of " Applied Christianity," "Tools and the Man," etc. 12°, $1.25. 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No other book has given an equally compact and intelligent interpretation."— ^w^r/caw Journal 0/ Sociology. The Bargain Theory of Wages. By John Davidson, M A., D Phil. (Ediii.), Professor of Political Economy in the University of New Bruns- wick. i2mo, $1.50. A Critical Development from the Historic Theories, together with an examin- ation of Certain Wages Factors : the Mobility of Labor, Trades Unionism, and the Methods of Industrial Remuneration. Sociology. A Treatise. By John Bascom, author of "^^sthetics/* " Comparative Psychology," etc. 12°, $1.50. " Gives a wholesome and inspiring word on all the living social questions of the day ; and its suggestions as to how the social life of man may be made purer and truer are rich with the finer wisdom of the_ tiine. The author is always liberal in spirit, generous in his sympathies, and wise in his knowledge." — Critic. A General Freight and Passenger Post. A Practical Solution of the Railroad Problem. By James L. Cowles. Third revised edition, with ad- ditional material. 12°, cloth, $1.25 ; paper, 50 cts. ' The book gives the best account which has thus far been given in English of the movement for a reform in our freight and passenger-tarin policy, and the best arguments in favor of such reform. ' — Edmund J. James, in the Annals of Political and Social Science. "The book treats in a very interesting and somewhat novel way of an ex- tremely difficult subject and is well worth careful reading by all students of the transportation question," — From letter of Edw. A. Moselev, Secretary of the Interstate Commerce Commission, Washington, D.C. Q. P. PUTNAM'S SONS, New York & London.