Introduction to the Science of Sociology
Chapter 28
(3) Kohler, Josef. _Philosophy of Law_. "Taboo as a Primitive Substitute for Law." "Philosophy of Law Series," Vol. XII. Boston, 1914. [Reprinted in _Evolution of Law_, II, 120-21.]
(4) Crawley, A. E. "Sexual Taboo," _Journal of Anthropological Institute_, XXIV (London, 1894), 116-25, 219-35, 430-45.
(5) Gray, W. "Some Notes on the Tannese," _Internationales Archiv fuer Ethnographie_, VII (1894), 232-37.
(6) Waitz, Theodor, und Gerland, Georg. _Anthropologie der Naturvoelker_, VI, 343-63. 6 vols. Leipzig, 1862-77.
(7) Tuchmann, J. "La Fascination," _Melusine_, II (1884-85), 169-175, 193-98, 241-50, 350-57, 368-76, 385-87, 409-17, 457-64, 517-24; III (1886-87), 49-56, 105-9, 319-25, 412-14, 506-8.
(8) Durkheim, E. "La prohibition de l'inceste et ses origines," _L'Annee sociologique_, I (1896-97), 38-70.
(9) Crawley, A. E. "Taboos of Commensality," _Folk-Lore_, VI (1895), 130-44.
(10) Hubert, H., and Mauss, M. "Le Mana," _L'Annee sociologique_, VII (1902-3), 108-22.
(11) Codrington, R. H. _The Melanesians_. Studies in their anthropology and folklore. "Mana," pp. 51-58, 90, 103, 115, 118-24, 191, 200, 307-8. Oxford, 1891.
D. _Myths_
(1) Sorel, Georges. _Reflections on Violence_. Chap. iv, "The Proletarian Strike," pp. 126-67. Translated from the French by T. E. Hulme. New York, 1912.
(2) Smith, W. Robertson. _Lectures on the Religion of the Semites_. "Ritual, Myth and Dogma," pp. 16-24. New ed. London, 1907.
(3) Harrison, Jane E. _Themis_. A study of the social origins of Greek religion. Cambridge, 1912.
(4) Clodd, Edward. _The Birth and Growth of Myth_. Humboldt Library of Popular Science Literature. New York, 1888.
(5) Gennep, A. van. _La Formation des legendes_. Paris, 1910.
(6) Langenhove, Fernand van. _The Growth of a Legend_. A study based upon the German accounts of _francs-tireurs_ and "atrocities" in Belgium. With a preface by J. Mark Baldwin. New York, 1916.
(7) Case, S. J. _The Millennial Hope_. Chicago, 1918.
(8) Abraham, Karl. _Dreams and Myths_. Translated from the German by W. A. White. "Nervous and Mental Disease Monograph Series," No. 15. Washington, 1913.
(9) Pfister, Oskar. _The Psychoanalytic Method_. Translated from the German by C. R. Payne. Pp. 410-15. New York, 1917.
(10) Jung, C. G. _Psychology of the Unconscious_. A study of the transformations and symbolisms of the libido. A contribution to the history of the evolution of thought. Authorized translation from the German by Beatrice M. Hinkle. New York, 1916.
(11) Brinton, Daniel G. _The Religious Sentiment: Its Source and Aim_. A contribution to the science and philosophy of religion. Chap. v, "The Myth and the Mythical Cycles," pp. 153-96. New York, 1876.
(12) Rivers, W. H. R. "The Sociological Significance of Myth," _Folk-Lore_, XXIII (1912), 306-31.
(13) Rank, Otto. _The Myth of the Birth of the Hero_. A psychological interpretation of mythology. "Nervous and Mental Disease Monograph Series," No. 18. Translated from the German by Drs. F. Robbins and Smith E. Jelliffe. Washington, 1914.
(14) Freud, Sigmund. "Der Dichter und das Phantasieren," _Sammlung kleiner Schriften zur Neurosenlehre_. 2d ed. Wien, 1909.
III. PUBLIC OPINION AND SOCIAL CONTROL
A. _Materials for the Study of Public Opinion_
(1) Lowell, A. Lawrence. _Public Opinion and Popular Government_. New York, 1913.
(2) Tarde, Gabriel. _L'Opinion et la foule_. Paris, 1901.
(3) Le Bon, Gustave. _Les Opinions et les croyances; genese-evolution_. Paris, 1911. [Discusses the formation of public opinion, trends, etc.]
(4) Bauer, Wilhelm. _Die oeffentliche Meinung und ihre geschichtlichen Grundlagen_. Tuebingen, 1914.
(5) Dicey, A. V. _Lectures on the Relation between Law and Public Opinion in England during the Nineteenth Century_. 2d ed. London, 1914.
(6) Shepard, W. J. "Public Opinion," _American Journal of Sociology_, XV (1909), 32-60.
(7) Tocqueville, Alexius de. _The Republic of the United States of America_. Book IV. "Influence of Democratic Opinion on Political Society," pp. 306-55. 2 vols. in one. New York, 1858.
(8) Bryce, James. _The American Commonwealth_, Vol. II, Part IV, "Public Opinion," pp. 239-64. Chicago, 1891.
(9) ----. _Modern Democracies_. 2 vols. New York, 1921.
(10) Lecky, W. E. H. _Democracy and Liberty_. New York, 1899.
(11) Godkin, Edwin L. _Unforeseen Tendencies of Democracy_. Boston, 1898.
(12) Sageret, J. "L'opinion," _Revue philosophique_, LXXXVI (1918), 19-38.
(13) Bluntschli, Johann K. Article on "Public Opinion," _Lalor's Cyclopaedia of Political Science, Political Economy and of the Political History of the United States_. Vol. III, pp. 479-80.
(14) Lewis, George C. _An Essay on the Influence of Authority in Matters of Opinion_. London, 1849.
(15) Jephson, Henry. _The Platform_. Its rise and progress. 2 vols. London, 1892.
(16) Junius. (Pseud.) _The Letters of Junius_. Woodfall's ed., revised by John Wade. 2 vols. London, 1902.
(17) Woodbury, Margaret. _Public Opinion in Philadelphia, 1789-1801_. "Smith College Studies in History." Vol. V. Northampton, Mass., 1920.
(18) Heaton, John L. _The Story of a Page_. Thirty years of public service and public discussion in the editorial columns of _The New York World_. New York, 1913.
(19) _Editorials from the Hearst Newspapers_. New York, 1906.
(20) Harrison, Shelby M. _Community Action through Surveys_. A paper describing the main features of the social survey. Russell Sage Foundation. New York, 1916.
(21) Millioud, Maurice. "La propagation des idees," _Revue philosophique_, LXIX (1910), 580-600; LXX (1910), 168-91.
(22) Scott, Walter D. _The Theory of Advertising_. Boston, 1903.
B. _The Newspaper as an Organ of Public Opinion_
(1) Dana, Charles A. _The Art of Newspaper Making_. New York, 1895.
(2) Irwin, Will. "The American Newspaper," _Colliers_, XLVI and XLVII (1911). [A series of fifteen articles beginning in the issue of January 21 and ending in the issue of July 29, 1911.]
(3) Park, Robert E. _The Immigrant Press and Its Control_. [In Press.] New York, 1921.
(4) Stead, W. T. "Government by Journalism," _Contemporary Review_, XLIX (1886), 653-74.
(5) Blowitz, Henri G. S. A. O. de. _Memoirs of M. de Blowitz_. New York, 1903.
(6) Cook, Edward. _Delane of the Times_. New York, 1916.
(7) Trent, William P. _Daniel Defoe: How to Know Him_. Indianapolis, 1916.
(8) Oberholtzer, E. P. _Die Beziehungen zwischen dem Staat und der Zeitungspresse im Deutschen Reich_. Nebst einigen Umrissen fuer die Wissenschaft der Journalistik. Berlin, 1895.
(9) Yarros, Victor S. "The Press and Public Opinion," _American Journal of Sociology_, V (1899-1900), 372-82.
(10) Macdonagh, Michael. _The Reporters' Gallery_. London, 1913.
(11) Lippmann, Walter. _Liberty and the News_. New York, 1920.
(12) O'Brien, Frank M. _The Story of the Sun, New York, 1833-1918_. With an introduction by Edward Page Mitchell, editor of _The Sun_. New York, 1918.
(13) Hudson, Frederic. _Journalism in the United States, from 1690 to 1872_. New York, 1873.
(14) Bourne, H. R. Fox. _English Newspapers_. London, 1887.
(15) Andrews, Alexander. _The History of British Journalism_. 2 vols. London, 1859.
(16) Lee, James Melvin. _A History of American Journalism_. Boston, 1917.
IV. LAW AND SOCIAL CONTROL
A. _The Sociological Conception of Law_
(1) Post, Albert H. "Ethnological Jurisprudence." Translated from the German by Thomas J. McCormack. _Open Court_, XI (1897), 641-53, 718-32. [Reprinted in _Evolution of Law_, II, 10-36.]
(2) Vaccaro, M. A. _Les Bases sociologiques_. Du droit et de l'etat. Translated by J. Gaure. Paris, 1898.
(3) Duguit, Leon. _Law in the Modern State_. With introduction by Harold Laski. Translated from the French by Frida and Harold Laski. New York, 1919. [The inherent nature of law is to be found in the social needs of man.]
(4) Picard, Edmond. _Le Droit pur_. Secs. 140-54. Paris, 1908. [Translated by John H. Wigmore, under the title "Factors of Legal Evolution," in _Evolution of Law_, III, 163-81.]
(5) Laski, Harold J. _Studies in the Problem of Sovereignty_. New Haven, 1917.
(6) ----. _Authority in the Modern State_. New Haven, 1919.
(7) ----. _The Problem of Administrative Areas_. An essay in reconstruction. Northampton, Mass., 1918.
B. _Ancient and Primitive Law_
(1) Maine, Henry S. _Ancient Law_. 14th ed. London, 1891.
(2) Fustel de Coulanges. _The Ancient City_. A study on the religion, laws, and institutions of Greece and Rome. Boston, 1894.
(3) Kocourek, Albert, and Wigmore, J. H., editors. _Sources of Ancient and Primitive Law_. "Evolution of Law Series." Vol. I. Boston, 1915.
(4) Steinmetz, S. R. _Rechtsverhaeltnisse von eingeborenen Voelkern in Afrika und Oceanien_. Berlin, 1903.
(5) Sarbah, John M. _Fanti Customary Law_. A brief introduction to the principles of the native laws and customs of the Fanti and Akan districts of the Gold Coast with a report of some cases thereon decided in the law courts. London, 1904. [Reprinted in _Evolution of Law_, I, 326-82.]
(6) McGee, W. J. "The Seri Indians," _Seventeenth Annual Report of the Bureau of American Ethnology_, 1895-96. Part I, pp. 269-95. [Reprinted in _Evolution of Law_, I, 257-78.]
(7) Dugmore, H. H. _Compendium of Kafir Laws and Customs_. Grahamstown, South Africa, 1906. [Reprinted in _Evolution of Law_, I 292-325.]
(8) Spencer, Baldwin, and Gillen, F. J. _The Northern Tribes of Central Australia_. London, 1904. [Reprinted in _Evolution of Law_, I, 213-326.]
(9) Seebohm, Frederic. _Tribal Custom in Anglo-Saxon Law_. Being an essay supplemental to (1) "The English Village Community," (2) "The Tribal System in Wales." London, 1903.
C. _The History and Growth of Law_
(1) Wigmore, John H. "Problems of the Law's Evolution," _Virginia Law Review_, IV (1917), 247-72. [Reprinted, in part, in _Evolution of Law_, III, 153-58.]
(2) Robertson, John M. _The Evolution of States_. An introduction to English politics. New York, 1913.
(3) Jhering, Rudolph von. _The Struggle for Law_. Translated from the German by John J. Lalor. 1st ed. Chicago, 1879. [Chap. i, reprinted in _Evolution of Law_, III, 440-47.]
(4) Nardi-Greco, Carlo. _Sociologia giuridica_. Chap. viii, pp. 310-24. Torino, 1907. [Translated by John H. Wigmore under the title "Causes for the Variation of Jural Phenomena in General," in _Evolution of Law_, III, 182-97.]
(5) Bryce, James. _Studies in History and Jurisprudence_. Oxford, 1901.
(6) ----. "Influence of National Character and Historical Environment on the American Law." Annual address to the Bar Association, 1907. _Reports of American Bar Association_, XXXI (1907), 444-59. [Abridged and reprinted in _Evolution of Law_, III, 369-77.]
(7) Pollock, Frederick, and Maitland, Frederic W. _The History of English Law before the Time of Edward I_. 2d ed. Cambridge, 1899.
(8) Jenks, Edward. _Law and Politics in the Middle Ages_. With a synoptic table of sources. London, 1913.
(9) Holdsworth, W. S. _A History of English Law_. 3 vols. London, 1903-9.
(10) _The Modern Legal Philosophy Series_. Edited by a committee of the Association of American Law Schools. 13 vols. Boston, 1911-.
(11) _Continental Legal History Series_. Published under the auspices of the Association of American Law Schools. 11 vols. Boston, 1912-.
(12) _Select Essays in Anglo-American Legal History._ Compiled and edited by a committee of the Association of American Law Schools. 3 vols. Boston, 1907-9.
TOPICS FOR WRITTEN THEMES
1. Social Interaction and Social Control
2. Social Control as the Central Fact and the Central Problem of Sociology
3. Social Control, Collective Behavior, and Progress
4. Manipulation and Participation as Forms of Social Control
5. Social Control and Self-Control
6. Accommodation as Control
7. Elementary Forms of Social Control: Ceremony, Fashion, Prestige, and Taboo, etc.
8. Traditional Forms of Control, as Folkways, Mores, Myths, Law, Education, Religion, etc.
9. Rumors, News, Facts, etc., as Forms of Control
10. Case Studies of the Influence of Myths, Legends, "Vital Lies," etc., on Collective Behavior
11. The Newspaper as Controlling and as Controlled by Public Opinion
12. Gossip as Social Control
13. Social Control in the Primary Group in the Village Community as Compared with Social Control in the Secondary Group in the City
14. An Analysis of Public Opinion in a Selected Community
15. The Politician and Public Opinion
16. The Social Survey as a Mechanism of Social Control
17. A Study of Common Law and Statute Law from the Standpoint of Mores and Public Opinion
18. A Concrete Example of Social Change Analyzed in Terms of Mores, the Trend, and Public Opinion, as Woman's Suffrage, Prohibition, the Abolition of Slavery, Birth Control, etc.
19. The Life History of an Institution from the Standpoint of Its Origin and Survival as an Agency of Control
20. Unwritten Law; a Case Study
21. Legal Fictions and Their Function in Legal Practice
22. The Sociology of Authority in the Social Group and in the State
23. Maine's Conception of Primitive Law
24. The Greek Conception of Themistes and Their Relation to Code of Solon
QUESTIONS FOR DISCUSSION
1. What do you understand by social control?
2. What do you mean by elementary social control? How would you distinguish it from control exercised by public opinion and law?
3. How does social control in human society differ from that in animal society?
4. What is the natural history of social control in the crowd and the public?
5. What is the fundamental mechanism by which control is established in the group?
6. How do you explain the process by which a crisis develops in a social group? How is crisis related to control?
7. Under what conditions is a dictatorship a necessary form of control? Why?
8. In what way does the crowd control its members?
9. Describe and analyze your behavior in a crowd. Were you conscious of control by the group?
10. What is the mechanism of control in the public?
11. In what sense is ceremony a control?
12. How do music, rhythm, and art enter into social control?
13. Analyze the mechanism of the following forms of ceremonial control: the salute, the visit, the decoration, forms of address, presents, greetings. What other forms of ceremonial control occur to you?
14. What is the relation of fashions to ceremonial control?
15. What is the meaning to the individual of ceremony?
16. What are the values and limitations of ceremonial control?
17. What do you understand by "prestige" in interpreting control through leadership?
18. In what sense is prestige an aspect of personality?
19. What relation, if any, is there between prestige and prejudice?
20. How do you explain the prestige of the white man in South East Africa? Does the white man always have prestige among colored races?
21. What is the relation of taboo to contact? (See pp. 291-93.)
22. Why does taboo refer both to things "holy" and things "unclean"?
23. How does taboo function for social control?
24. Describe and analyze the mechanism of control through taboo in a selected group.
25. What examples do you discover of American taboos?
26. What is the mechanism of control by the myth?
27. "Myths are projections of our hopes and of our fears." Explain with reference to the Freudian wish.
28. How do you explain the growth of a legend? Make an analysis of the origin and development of the legend.
29. Under what conditions does the press promote the growth of myths and legends?
30. Does control by public opinion exist outside of democracies?
31. What is the relation of the majority and the minority to public opinion?
32. What is the distinction made by Lowell between (a) an effective majority, and (b) a numerical majority, with reference to public opinion?
33. What is the relation of mores to public opinion?
34. How do you distinguish between public opinion, advertising, and propaganda as means and forms of social control?
35. What is the relation of news to social control?
36. "The news columns are common carriers." Discuss the implications of this statement.
37. How do you explain the psychology of propaganda?
38. What is the relation between institutions and the mores?
39. What is the nature of social control exerted by the institution?
40. What is the relation of mores to common law and statute law?
41. "Under the free Anglo-Saxon government, no king could ever make a law, but could only declare what the law was." Discuss the significance of this fact.
42. In what different ways does religion control the behavior of the individual and of the group?
43. Is religion a conservative or a progressive factor in society?
FOOTNOTES:
[250] Chap. i, pp. 46-47.
[251] Robert E. Park and Herbert A. Miller, _Old World Traits Transplanted_, pp. 1-2. (New York, 1921.)
[252] Ernst Grosse, _The Beginnings of Art_, pp. 228-29. (New York, 1897.)
[253] See A. L. Lowell, _Public Opinion and Popular Government_, pp. 12-13. (New York, 1913.)
[254] _The American Party System_, chap. viii. (New York, 1922.) [In press.]
[255] "On the afternoon of July 13, Bismarck, Roon, and Moltke were seated together in the Chancellor's Room at Berlin. They were depressed and moody; for Prince Leopold's renunciation had been trumpeted in Paris as a humiliation for Prussia. They were afraid, too, that King William's conciliatory temper might lead him to make further concessions, and that the careful preparations of Prussia for the inevitable war with France might be wasted, and a unique opportunity lost. A telegram arrived. It was from the king at Ems, and described his interview that morning with the French ambassador. The king had met Benedetti's request for the guarantee required by a firm but courteous refusal; and when the ambassador had sought to renew the interview, he had sent a polite message through his aide-de-camp informing him that the subject must be considered closed. In conclusion, Bismarck was authorized to publish the message if he saw fit. The Chancellor at once saw his opportunity. In the royal despatch, though the main incidents were clear enough, there was still a note of doubt, of hesitancy, which suggested a possibility of further negotiation. The excision of a few lines would alter, not indeed the general sense, but certainly the whole tone of the message. Bismarck, turning to Moltke, asked him if he were ready for a sudden risk of war; and on his answering in the affirmative, took a blue pencil and drew it quickly through several parts of the telegram. Without the alteration or addition of a single word, the message, instead of appearing a mere 'fragment of a negotiation still pending,' was thus made to appear decisive. In the actual temper of the French people there was no doubt that it would not only appear decisive, but insulting, and that its publication would mean war.
"On July 14 the publication of the 'Ems telegram' became known in Paris, with the result that Bismarck had expected. The majority of the Cabinet, hitherto in favour of peace, were swept away by the popular tide; and Napoleon himself reluctantly yielded to the importunity of his ministers and of the Empress, who saw in a successful war the best, if not the only, chance of preserving the throne for her son. On the evening of the same day, July 14, the declaration of war was signed."--W. Alison Phillips, _Modern Europe, 1815-1899_, pp. 465-66. (London, 1903.)
[256] G. Tarde, _L'opinion et la foule._ (Paris, 1901.)
[257] L. T. Hobhouse, _Morals in Evolution, A Study in Comparative Ethics_, pp. 13-14. (New York, 1915.)
[258] E. D. Morel, _King Leopold's Rule in Africa_. (London, 1904.)
[259] L. T. Hobhouse, _op. cit._, p. 85.
[260] The whole process of evolution by which a moral order has been established over ever wider areas of social life has been sketched in a masterly manner by Hobhouse in his chapter, "Law and Justice," _op. cit._, pp. 72-131.
[261] From Lieutenant Joseph S. Smith, _Over There and Back_, pp. 9-22. (E. P. Dutton & Co., 1917.)
[262] From Herbert Spencer, _The Principles of Sociology_, II, 3-6. (Williams & Norgate, 1893.)
[263] Adapted from Lewis Leopold, _Prestige_, pp. 16-62. (T. Fisher Unwin, 1913.)
[264] Adapted from Maurice S. Evans, _Black and White in South East Africa_, pp. 15-35. (Longmans, Green & Co., 1911.)
[265] From W. Robertson Smith, _The Religion of the Semites_, pp. 152-447. (Adam and Charles Black, 1907.)
[266] From Georges Sorel, _Reflections on Violence_, pp. 133-37. (B. W. Huebsch, 1912.)
[267] Adapted from Fernand van Langenhove, _The Growth of a Legend_, pp. 5-275. (G. P. Putnam's Sons, 1916.)
[268] From W. Robertson Smith, _The Religion of the Semites_, pp. 16-24. (Adam and Charles Black, 1907.)
[269] Adapted from A. Lawrence Lowell, _Public Opinion and Popular Government_, pp. 3-14. (Longmans, Green & Co., 1913.)
[270] From Robert E. Park, _The Crowd and the Public_. (Unpublished manuscript.)
[271] Adapted from Walter Lippmann, _Liberty and the News_, pp. 4-15. (Harcourt, Brace & Howe, 1920.)
[272] From Raymond Dodge, "The Psychology of Propaganda," _Religious Education_, XV (1920), 241-52.
[273] From William G. Sumner, _Folkways_, pp. 53-56. (Ginn & Co., 1906.)
[274] Adapted from Frederic J. Stimson, _Popular Law-Making_, pp. 2-16. (Charles Scribner's Sons, 1912.)
[275] From Charles A. Ellwood, "Religion and Social Control," in the _Scientific Monthly_, VII (1918), 339-41.
[276] Albert H. Post, _Evolution of Law: Select Readings on the Origin and Development of Legal Institutions_, Vol. II, "Primitive and Ancient Legal Institutions," complied by Albert Kocourek and John H. Wigmore; translated from the German by Thomas J. McCormack. Section 2, "Ethnological Jurisprudence," p. 12. (Boston, 1915.)
[277] Quoted by James Bryce, "Influence of National Character and Historical Environment on Development of Common Law," annual address to the American Bar Association, 1907, _Reports of the American Bar Association_, XXXI (1907), 447.
[278] Henry S. Maine, _Ancient Law_. Its connection with the early history of society and its relation to modern ideas, pp. 4-5. 14th ed. (London, 1891.)
[279] For the distinction between the cultural process and the political process see _supra_, pp. 52-53.