Folkways. William Graham Sumner

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СКАЧАТЬ as a proof that the lawyers, who "were at this time getting a firm grasp on the law of England," were introducing the principle that the king could enact by his own authority. The spirit of the Roman law was pitiless to peasants and artisans, that is, to all who were, or were to be made, unfree. The Norman laws depressed the Saxon ceorl to a slave.102 In similar manner they came into war with all Teutonic mores which contained popular rights and primary freedom. Stammler103 denies that the Roman law, in spite of lawyers and ecclesiastics, ever entered into the flesh and blood of the German people. That is to say, it never displaced completely their national mores. The case of the property of married persons is offered as a case in which the German mores were never overcome.104 A compromise was struck between the ancient mores and the new ways, which the Roman Catholic religion approved.

88. Variability. No less remarkable than the persistency of the mores is their changeableness and variation. There is here an interesting parallel to heredity and variation in the organic world, even though the parallel has no significance. Variation in the mores is due to the fact that children do not perpetuate the mores just as they received them. The father dies, and the son whom he has educated, even if he continues the ritual and repeats the formulæ, does not think and feel the same ideas and sentiments as his father. The observance of Sunday; the mode of treating parents, children, servants, and wives or husbands; holidays; amusements; arts of luxury; marriage and divorce; wine drinking—are matters in regard to which it is easy to note changes in the mores from generation to generation, in our own times. Even in Asia, when a long period of time is taken into account, changes in the mores are perceptible. The mores change because conditions and interests change. It is found that dogmas and maxims which have been current do not verify; that established taboos are useless or mischievous restraints; that usages which are suitable for a village or a colony are not suitable for a great city or state; that many things are fitting when the community is rich which were not so when it was poor; that new inventions have made new ways of living more economical and healthful. It is necessary to prosperity that the mores should have a due degree of firmness, but also that they should be sufficiently elastic and flexible to conform to changes in interests and life conditions. A herding or an agricultural people, if it moves into a new country, rich in game, may revert to a hunting life. The Tunguses and Yakuts did so as they moved northwards.105 In the early days of the settlement of North America many whites "Indianized"; they took to the mode of life of Indians. The Iranians separated from the Indians of Hindostan and became agriculturists. They adopted a new religion and new mores. Men who were afraid of powerful enemies have taken to living in trees, lake dwellings, caves, and joint houses. Mediæval serfdom was due to the need of force to keep the peasant on his holding, when the holding was really a burden to him in view of the dues which he must pay. He would have run away if he had not been kept by force. In the later Middle Ages the villain had a valuable right and property in his holding. Then he wanted security of tenure so that he could not be driven away from it. In the early period it was the duty of the lord to kill the game and protect the peasant's crops. In the later period it became the monopoly right of the lord to kill game. Thus the life conditions vary. The economic conjuncture varies. The competition of life varies. The interests vary with them. The mores all conform, unless they have been fixed by dogma with mystic sanctions so that they are ritual obligations, as is, in general, the case now in southeastern Asia. The rights of the parties, and the right and wrong of conduct, after the mores have conformed to new life conditions, are new deductions. The philosophers follow with their systems by which they try to construe the whole new order of acts and thoughts with reference to some thought fabric which they put before the mores, although it was found out after the mores had established the relations. In the case in which the fixed mores do not conform to new interests and needs crises arise. Moses, Zoroaster, Manu, Solon, Lycurgus, and Numa are either mythical or historical culture heroes, who are said to have solved such crises by new "laws," and set the society in motion again. The fiction of the intervention of a god or a hero is necessary to account for a reconstruction of the mores of the ancestors without crime.

      89. Mores of New England. The Puritan code of early New England has been almost entirely abandoned, so far as its positive details are concerned, while at the same time some new restrictions on conduct have been introduced, especially as to the use of spirituous liquors, so that not all the changes have been in the way of relaxation. The mores of New England, however, still show deep traces of the Puritan temper and world philosophy. Perhaps nowhere else in the world can so strong an illustration be seen both of the persistency of the spirit of the mores and of their variability and adaptability. The mores of New England have extended to a large immigrant population and have won large control over them. They have also been carried to the new states by immigrants, and their perpetuation there is an often-noticed phenomenon. The extravagances in doctrine and behavior of the seventeenth-century Puritans have been thrown off and their code of morals has been shorn of its angularity, but their life policy and standards have become to a very large extent those of the civilized world.

      90. Revolution. In higher civilization crises produced by the persistency of old mores after conditions have changed are solved by revolution or reform. In revolutions the mores are broken up. Such was the case in the sixteenth century, in the French Revolution of 1789, and in minor revolutions. A period follows the outburst of a revolution in which there are no mores. The old are broken up; the new are not formed. The social ritual is interrupted. The old taboos are suspended. New taboos cannot be enacted or promulgated. They require time to become established and known. The masses in a revolution are uncertain what they ought to do. In France, under the old régime, the social ritual was very complete and thoroughly established. In the revolution, the destruction of this ritual produced social anarchy. In the best case every revolution must be attended by this temporary chaos of the mores. It was produced in the American colonies. Revolutionary leaders expect to carry the people over to new mores by the might of two or three dogmas of political or social philosophy. The history of every such attempt shows that dogmas do not make mores. Every revolution suffers a collapse at the point where reconstruction should begin. Then the old ruling classes resume control, and by the use of force set the society in its old grooves again. The ecclesiastical revolution of the sixteenth century resulted in a wreck whose discordant fragments we have inherited. It left us a Christendom, half of which is obscurantist and half scientific; half is ruled by the Jesuits and half is split up into wrangling sects. The English Revolution of the seventeenth century was reversed when it undertook to reconstruct the mores of the English people. The French revolutionists tried to abolish all the old mores and to replace them by products of speculative philosophy. The revolution was, in fact, due to a great change in conditions, which called for new mores, and so far as the innovations met this demand they became permanent and helped to create a conviction of the beneficence of revolution. Napoleon abolished many innovations and put many things in the old train again. Many other things have changed name and face, but not character. Many innovations have been half assimilated. Some interests have never yet been provided for (see sec. 165).

      91. Possibility of modifying mores. The combination in the mores of persistency and variability determines the extent to which it is possible to modify them by arbitrary action. It is not possible to change them, by any artifice or device, to a great extent, or suddenly, or in any essential element; it is possible to modify them by slow and long-continued effort if the ritual is changed by minute variations. The German emperor Frederick II was the most enlightened ruler of the Middle Ages. He was a modern man in temper and ideas. He was a statesman and he wanted to make the empire into a real state of the absolutist type. All the mores of his time were ecclesiastical and hierocratic. He dashed himself to pieces against them. Those whom he wanted to serve took the side of the papacy against him. He became the author of the laws by which the civil institutions of the time were made to serve ecclesiastical domination. He carried the purpose of the crusades to a higher degree of fulfillment than they ever reached otherwise, but this brought him no credit or peace. The same drift in the mores of the time bore down the Albigenses СКАЧАТЬ