The Basis of Social Relations: A Study in Ethnic PsychologyBrinton, Daniel G. (Daniel Garrison)
Science
The Basis of Social Relations: A Study in Ethnic Psychology
Brinton, Daniel G. (Daniel Garrison)
Ethnopsychology; Sociology
So also do the contents of his tongue. I mean by this that incalculable
potency broadly called literature, spoken or written,—the oratory,
romance, poetry, philosophy, history, and science,—which is his daily
mental food all the years of his conscious life. In this maelstrom of
the opinions of others, his own individuality is generally submerged; he
loses it in the struggle, and his own talk becomes but the echo of that
of others of the group.
_Law._—Writers who imagine that Law is a product of Culture are
singularly off the track. Nowhere are its prescriptions more definite,
its violation more abhorred, or its penalties more inflexibly enforced
than in the lowest depths of savagery. There the punishment is known and
leniency unknown. When the Australian black has broken the unwritten law
of his tribe, he has but two alternatives,—disappearance forever or
death. After accepting the latter, or when seized in his flight, he
quietly digs his own grave and, sitting in it, awaits the spears of his
tribesmen.
So the “totemic” bond, the earliest form of permanent grouping in many
families of mankind, whether based on religious or consanguine ties,
invariably presents a compact and minute system of restrictions on
individual liberty. They are, indeed, often carried to such an extent as
to destroy all sense of personal responsibility or conscience, and to
limit independence of action to the most trivial details of life. In
them, through the recognised power of law, the group is everything, the
individual nothing. Hence, they preserve but do not progress; for I
cannot too often repeat the fundamental distinction between the
group-mind and the individual mind: that the former is active and
preservative, while the latter alone is creative and progressive.
By the general term “Law” I mean that restraint exercised by the group
on the individual which in its last recourse is backed by physical
force. It makes no difference whether the sentiment of the group is laid
down by the High Chancellor in his ermine or by “Judge Lynch” in his
shirt-sleeves; nor whether the group is the House of Lords or a gang of
thieves, the underlying principle—that of the forcible constraint of the
individual by the community—remains the same. To borrow Blackstone’s
definition, it is the “rule of conduct” which the group chooses to
establish for its own ends. Law, therefore, is essentially a part of the
ethnic mind, not conceivable except as a group-product, and if at times,
apparently, the expression of one mouth (autocracy), yet voluntarily
accepted by the group.
Public-domain text, read in full here on John Shaqi.
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