Elements of Folk Psychology: Outline of a Psychological History of the Development of MankindWundt, Wilhelm Max
Science
Elements of Folk Psychology: Outline of a Psychological History of the Development of Mankind
Wundt, Wilhelm Max
Ethnopsychology
The social regulations which we have thus far considered find their
consummation in the _legal system_. This possesses no content
independent of the various social institutions, but merely provides
certain norms of action with a social sanction. As a result, these
norms are protected against violation or are designated as regulations
which, whenever necessary, are defended against violators by the
use of external force. Thus, the legal system does not involve the
outright creation of a social order. It consists primarily in the
singling out, as definite prescriptions, of certain regulations
that have already arisen in the course of social life, and that are
for the most part already maintained by custom. The enforcement
of these regulations is expressly guaranteed by society, and means
are established whereby this pledge is to be redeemed. Thus, the
most important social institutions--the family, the classes, the
vocations, village settlements and cities, and also the relations of
property, intercourse, and contract, which these involve--were already
in existence before becoming constituent parts of a legal system.
Moreover, the advance beyond custom and the settlement of difficulties
case by case was not made suddenly or, much less, at the same time in
all regions, but came only very gradually. The formulation of laws did
not, as a rule, begin in connection with the political community and
then pass down to the more restricted groups, ending with the single
individual. On the contrary, law began by regulating the intercourse of
individuals; later, it acquired authority over family relations, which
had remained under the shelter of custom for a relatively long period;
last of all, it asserted itself also over the political order. That
is to say, the State, which is the social organization from which the
legal system took its rise, was the very last institution in connection
with which objective legal forms were developed. We may account for
this by reference to a factor which played an important rôle from the
very outset. After the legal system had once grown up out of custom
and had subjected many of the important fields of the latter to its
authority, it was able of itself to create regulations, which were
thus from the very beginning legal prescriptions. Such primarily legal
regulations arose in connection with conditions in which, frequently,
the fact that there be some law was of more importance than the precise
character of the law. But even in these cases the regulations were
always connected with the larger body of law that was rooted in custom.
This larger body of law was but supplemented by ordinances that were
called into being by temporal and cultural conditions.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account