(2) The second factor is the life in common, with its system of relations, and its corresponding instincts, emotions, and desires.
So much has been written in recent years on the social nature of man that it seems unnecessary to elaborate the obvious. Protest has even been raised against the exaggeration of the social. But I believe that in certain points at least we have not yet penetrated to the heart of the social factor, and its significance for morals.
So far as the moral aspect is concerned I know nothing more significant than the attitude of the Common Law as set forth by Professor Pound.[66] This has sought to base its system of duties on relations. The relation which was prominent in the Middle Ages was that of landlord and tenant; other relations are those of principal and agent, of trustee, etc. An older relation was that of kinship. The kin was held for the wergeld; the goël must avenge his next of kin; the father must provide for prospective parents-in-law; the child must serve the parents. Duty was the legal term for the relation. In all this there is no romanticism, no exaggeration of the social; there is a fair statement of the facts which men have recognized and acted upon the world over and in all times. Individualistic times or peoples have modified certain phases. The Roman law sought to ground many of its duties in the contract, the will of the parties. But covenants by no means exhaust duties. And according to Professor Pound the whole course of English and American law today is belying the generalization of Sir Henry Maine, that the evolution of law is a progress from status to contract. We are shaping law of insurance, of public service companies, not by contract but by the relation of insurer and insured, of public utility and patron.
Psychologically, the correlate of the system of relations is the set of instincts and emotions, of capacity for stimulation and response, which presuppose society for their exercise and in turn make society possible. There can be no question as to the reality and strength of these in both animals and men. The bear will fight for her young more savagely than for her life. The human mother's thoughts center far more intensely upon her offspring than upon her own person. The man who is cut dead by all his acquaintance suffers more than he would from hunger or physical fear. The passion of sex frequently overmasters every instinct of individual prudence. The majority of men face poverty and live in want; relatively few prefer physical comfort to family ties. Aristotle's [Greek: philia] is the oftenest quoted recognition of the emotional basis of common life, but a statement of Kant's earlier years is particularly happy. "The point to which the lines of direction of our impulses converge is thus not only in ourselves, but there are besides powers moving us in the will of others outside of ourselves. Hence arise the moral impulses which often carry us away to the discomfiture of selfishness, the strong law of duty, and the weaker of benevolence. Both of these wring from us many a sacrifice, and although selfish inclinations now and then preponderate over both, these still never fail to assert their reality in human nature. Thus we recognize that in our most secret motives, we are dependent upon the rule of the general will."[67]