as to the nature of the state itself. The alternatives before us are not factually limited science on one hand and uncontrolled speculation on the other. The choice is between blind, unreasoned attack and defense on the one hand, and discriminating criticism employing intelligent method and a conscious criterion on the other.
The prestige of the mathematical and physical sciences is great, and properly so. But the difference between facts which are what they are independent of human desire and endeavor and facts which are to some extent what they are because of human interest and purpose, and which alter with alteration in the latter, cannot be got rid of by any methodology. The more sincerely we appeal to facts, the greater is the importance of the distinction between facts which condition human activity and facts which are conditioned by human activity. In the degree which we ignore this difference, social science becomes pseudo-science. Jeffersonian and Hamiltonian political ideas are not merely theories dwelling in the human mind remote from facts of American political behavior. They are expressions of chosen phases and factors among those facts, but they are also something more: namely, forces which have shaped those facts and which are still contending to shape them in the future this way and that. There is more than a speculative difference between a theory of the state which regards it as an instrument in protecting individuals in the rights they already have, and one which conceives its function to be effecting of a more equitable distribution of rights among individuals. For the theories are held and applied by legislators in congress and by judges on the bench and make a difference in the subsequent facts themselves.
I make no doubt that the practical influence of the political philosophies of Aristotle, the Stoics, St. Thomas, Locke, Rousseau, Kant and Hegel has often been exaggerated in comparison with the influence of circumstances. But a due measure of efficacy cannot be denied them on the ground which is sometimes proffered; it cannot be denied on the ground that ideas are without potency. For ideas belong to human beings who have bodies, and there is no separation between the structures and processes of the part of the body that entertains the ideas and the part that performs acts. Brain and muscles work together, and the brains of men are much more important data for social science than are their muscular system and their sense organs.
It is not our intention to engage in a discussion of political philosophies. The concept of the state, like most concepts which are introduced by “The,” is both too rigid and too tied up with controversies to be of ready use. It is a concept which can be approached by a flank movement more easily than by a frontal attack. The moment we utter the words “The State” a score of intellectual ghosts rise to obscure our vision. Without our intention and without our notice, the notion of “The State” draws us imperceptibly into a consideration of the logical relationship of various ideas to one another, and away from facts of human activity. It is better, if possible, to start from the latter and see if we are not led thereby into an idea of something which will turn out to implicate the marks and signs which characterize political behavior.
There is nothing novel in this method of approach. But very much depends upon what we select from which to start and very much depends upon whether we select our point of departure in order to tell at the terminus what the state ought to be or what it is. If we are too concerned with the former, there is a likelihood that we shall unwittingly have doctored the facts selected in order to come out at a predetermined point. The phase of human action we should not start with is that to which direct causative power is attributed. We should not look for state-forming forces. If we do, we are likely to get involved in mythology. To explain the origin of the state by saying that man is a political animal is to travel in a verbal circle.2 It is like attributing religion to a religious instinct, the family to marital and parental affection, and language to a natural endowment which impels men to speech. Such theories merely reduplicate in a so-called causal force the effects to be accounted for. They are of a piece with the notorious potency of opium to put men to sleep because of its dormitive power.
The warning is not directed against a man of straw. The attempt to derive the state, or any other social institution, from strictly “psychological” data is in point.3 Appeal to a gregarious instinct to account for social arrangements is the outstanding example of the lazy fallacy. Men do not run together and join in a larger mass as do drops of quicksilver, and if they did the result would not be a state nor any mode of human association. The instincts, whether named gregariousness, or sympathy, or the sense of mutual dependence, or domination on one side and abasement and subjection on the other, at best account for everything in general and nothing in particular. And at worst, the alleged instinct and natural endowment appealed to as a causal force themselves represent physiological tendencies which have previously been shaped into habits of action and expectation by means of the very social conditions they are supposed to explain. Men who have lived in herds develop attachment to the horde to which they have become used; children who have perforce lived in dependence grow into habits of dependence and subjection. The inferiority complex is socially acquired, and the “instinct” of display and mastery is but its other face. There are structural organs which physiologically manifest themselves in vocalizations as the organs of a bird induce song. But the barking of dogs and the song of birds are enough to prove that these native tendencies do not generate language. In order to be converted into language, native vocalization requires transformation by extrinsic conditions, both organic and extra-organic or environmental: formation, be it noted, not just stimulation. The cry of a baby can doubtless be described in purely organic terms, but the wail becomes a noun or verb only by its consequences in the responsive behavior of others.4 This responsive behavior takes the form of nurture and care, themselves dependent upon tradition, custom and social patterns. Why not postulate an “instinct” of infanticide as well as one of guidance and instruction? Or an “instinct” of exposing girls and taking care of boys?
We may, however, take the argument in a less mythological form than is found in the current appeal to social instincts of one sort or another. The activities of animals, like those of minerals and plants, are correlated with their structure. Quadrupeds run, worms crawl, fish swim, birds fly. They are made that way; it is “the nature of the beast.” We do not gain anything by inserting instincts to run, creep, swim, and fly between the structure and the act. But the strictly organic conditions which lead men to join, assemble, foregather, combine are just those which lead other animals to unite in swarms and packs and herds. In describing what is common in human and other animal junctions and consolidations we fail to touch what is distinctively human in human associations. These structural conditions and acts may be the sine qua nons of human societies; but so are the attractions and repulsions which are exhibited in inanimate things. Physics and chemistry as well as zoölogy may inform us of some of the conditions without which human beings would not associate. But they do not furnish us with the sufficient conditions of community life and of the forms which it takes.
We must in any case start from acts which are performed, not from hypothetical causes for those acts, and consider their consequences. We must also introduce intelligence, or the observation of consequences as consequences, that is, in connection with the acts from which they proceed. Since we must introduce it, it is better to do so knowingly than it is to smuggle it in in a way which deceives not only the customs officer—the reader—but ourselves as well. We take then our point of departure from the objective fact that human acts have consequences upon others, that some of these consequences are perceived, and that their perception leads to subsequent effort to control action so as to secure some consequences and avoid others. Following this clew, we are led to remark that the consequences are of two kinds, those which affect the persons directly engaged in a transaction, and those which affect others beyond those immediately concerned. In this distinction we find the germ of the distinction between the private and the public. When indirect consequences are recognized and there is effort to regulate them, something having the traits of a state comes into existence. When the consequences of an action are confined, or are thought to be confined, mainly to the persons directly engaged in it, the transaction is a private one. When A and B carry on a conversation together the action is a trans-action: both are concerned in it; its results pass, as it were, across from one to the other. One or other or both may be helped or harmed thereby. But, presumably, the consequences of advantage and injury do not extend beyond A and B; the activity lies between them; it is private. Yet if it is found that the consequences