July 27, 1883.] 



SCIENCE. 



10" 



Ward ; but the former author makes it the 

 central point of his sociology, around which all 

 other facts are <;;athered, and he elaborates a 

 s^'stem of analogies with biologic organization, 

 as if, in fact, tliev were homologies. It will 

 perhaps be nearer the truth to speak of a state, 

 rather than society at large, as an organism. 



The organization of mankind is twofold, 

 — activital and regulative. By the activital 

 organization, wliich is usually discussed in 

 works on political economy under the title 

 ' division of labor,' the industries and other 

 occupations of mankind arc parcelled out to 

 individuals and corporations ; so that a man, 

 in working for himself, works for many others, 

 and an interdependence of parts in the social 

 organism is thus established. For the suc- 

 cessful operation of the activital organization, 

 the regulative organization is established, 

 which results in government, with its three 

 co-ordinate departments, — executive, legis- 

 lative, and judicial. Without division of labor 

 and governmental regulation, the individuals of 

 the human race would be entirely discrete ; 

 with them, mankind is organized into societies 

 which we call ' states.' In so farastlie people 

 of one state are related to the people of another 

 through their industries, there is an inchoate 

 organization of state witli state, which can 

 only be completed by the consolidation of such 

 states. Though Mr. Spencer devotes an in- 

 ordinate space to the demonstration of the 

 organization of society, he fails to discovei'. 

 that, iu so far as organization is accomplished, 

 the method of l)iologic progress b}' the sur- 

 vival of the fittest is repealed. In the stiuggle 

 for existence, state comes into competition with 

 state ; and to this extent the biologic law of 

 the survival of the fittest applies. But in the 

 relations of the interdependent parts of states, 

 i.e., the ditferent classes of people existing in 

 a tribe or nation, the law of the survival of the 

 fittest in the struggle for existence no longer 

 applies ; the unfit do not succumb ; the wel- 

 fare of each class (i.e., each organ, interde- 

 pendent part) depends upon the welfare of 

 each other part, — of the whole. There raa\- 

 be a competition for leadersiiip, or for emi- 

 nence in other respects, but not for existence. 



Those who adopt the Spcncerian theorv' 

 believe that they find confirmation of their 

 doctrine in the history of legislation. In 

 modern times, since the ditferentiation of ex- 

 ecutive, legislative, and judicial organs and 

 functions in government, legislation has often 

 been unwise, and laws have failed to secure 

 the purposes for which thej- were enacted. 

 In this branch of human endeavor it would be 



strange if it were everywhere and at all times 

 characterized by wisdom, when man has so 

 frequently failed in otlier ertbrt. 



But beside the general failure for lack of 

 wisdom, there has been failure for certain 

 special reasons. Early law was common law ; 

 later law is in part statutory. In the change 

 from the former to the latter, many great mis- 

 takes have been made. Tiie liody of law exist- 

 ing in a state, be it tribal or national, is the 

 chief body of the ethics of the people of such 

 state. But among such people there are 

 ethical rules not found in the law, but hehl 

 1)y individuals in a greater or less number. 

 These non-legalized ethics are of two kinds, — 

 first, those which have i)assed from the law. 

 and are yet held in veneration by a part of 

 the people ; second, those which the more 

 advanced minds are endeavoring to establish. 

 The first are obsolete ; the second, inchoate. 

 Much of the law which Spencerian philosophers 

 have used to illustrate the folly of legislation 

 has been in instances where an attempt has 

 been made to revive obsolete common-law prin- 

 ciples by effective statutory law. Mr. Spencer's 

 illustrations are chiefly of this class ; and he 

 has been followed by many a writer. This 

 source of disaster can be avoided, not by re- 

 fusing to legislate, but by a proper knowledge 

 of the course of progriss in social evolution. 

 This course of evolution has not been, as Mr. 

 Spencer postulates and elaborately discusses, 

 from more regulation to less, from militancy 

 to industrialism, but from less to more law. 

 aud from non-essential to essential regulation. 

 When diseases were believed to be flie work 

 of evil spirits, or to result from the practice 

 of sorcery, the relations of men to supposed 

 spiritual beings were regulated, and witchcrafi; 

 was punished ; but, when diseases are dis- 

 covered to be due to unwliolesome conditions 

 of environment, sanitary laws are enacted. 

 And in like manner in ever^' department of 

 government the change is going on. Laws are 

 sociologic inventions, analogous to the tech- 

 nologic inventions of the industries. Along 

 with much failure there is much success. As 

 the progress of industries would cease were 

 no new methods devised, so the progress of 

 society would end if new law were not enacted. 



DjMiamic sociology, as presented by the 

 author, is the philosophy of human 'endeavor, 

 and the justification of man in his effort to 

 to improve his condition. Those persons, and 

 thej' are many, who are actively engaged in 

 the promotion of institutions and regulations 

 for the benefit of mankind, will find in it 

 philosophic hope ; while those who are opposed 



