Volume 2.
The Many-Splendored Society: An Edifice of Symbols
Copyright © 2010 Hans L Zetterberg. All rights reserved.
First edition 2010 Printed in the United States of America.
ISBN / EAN13:
1449909558 / 9781449909550
Illustrations by Martin Ander
This edition is printed on demand by CreateSpace, Scotts Valley, CA.
Published and planned volumes of “The Many-Splendored Society”
For progress and updates see the author’s web www.zetterberg.org
In this work, the adjective "many-splendored" describes a society with personal freedom and a sparkling differentiation of six self-governing realms: economy, politics, science, art, religion, and morality. When these societal realms are integrated, so that no one realm rules over any of the others, we have, in my view, a good society.
The Many-Splendored Society deals with emerging categories and spontaneous tendencies in a social science based on the properties of language. This is a multi-volume reference work. The volumes are printed on demand and self-published. They could possibly be bound into one volume, and/or in one Kindle-type file.
Volume 1 is subtitled Surrounded by Symbols (2009). Here we pursue man's symbolic environment, addressing the basic elements of human living with a minimum of references to those aspects of man's biology other than his language brain, i.e. the latest addition in the evolution to the total human brain. Our message is that human selves and their social life and culture depend on, nay, consist of, and/or, are organized by, the use of symbols generated by the language brain.
Symbols codify societal orders, represent wealth, summarize knowledge, embody beauty, define sacredness, and express virtues. In this Volume, we identify common abuses of language in the form of magic, confabulation, and defensive bilge. An enormous potential of personal freedom is built into a language and this freedom deeply shapes our own lives, and our own society. This personal language contains an almost unlimited number of linguistic germs: any one of us can produce sentences that no one has ever heard of before. Its fertile environment, of course, is freedom of speech.
Taking a telescopic view of all symbolic environments, we find recurrent vibrations. We present three proven pulsating strings: tradi- (p.v)tion vs. modernity, faithfulness vs. instrumentality, and materialism vs. humanism. You find these strings in many, perhaps most, symbolic environments. Their vibrations have an unusual independence in the context of groups, networks, classes, and other social structures. In their various combinations, the strings provide advice about the Zeitgeist prevailing in mankind's spaces and times. Taking a microscopic view of single symbols and sentences, we find three recurrent usages: descriptions, evaluations, and prescriptions. We propose that these usages enter into the minimum vocabulary of social reality.
Surrounded by Symbols introduces two default states of human condition: First, we hold that the urge to preserve standing and to avoid degradation is more basic than the urge to improve. Second, we claim that an emotive choice is initially more typical than a rational choice. These threads of thought will prove essential in our further explorations.
Let us speak in larger print of Volume 2, An Edifice of Symbols, which is the volume you are now reading. The use of symbols stripped of magic, confabulation, and defensive bilge, will provide us with a set of general categories and dimensions, all based on properties of language, for the study of social reality. The categories are only starting points. The tale of society is the manner in which these categories interlace into processes and systems, i.e. into humanity’s social and cultural achievements. Most worthwhile thinking about this comes from celebrated persons in the social sciences of past times, so in this presentation we pass many intellectual milestones raised by classical writers of social science, from Adam Smith to Max Weber.
We look at the place of statutes and contracts in human affairs and the spirit they produce in societies where they are allowed to dominate. We pause to consider universal human rights. We look at the main structures of communication i.e., organizations, networks, and mass media. We pay special attention to mass media, one of the “demons” that run modern lives. (p.vi)
One of the simplest divisions of human living separates folk life from city life, or Gemeinschaft from Gesellschaft, two German expressions used by Ferdinand Tönnies over 100 years ago. In time, these terms have become household words also among English-speaking social scientists. Again and again the social scientists have added to their meanings. We present Gemeinschaft and Gesellschaft as master clusters of social life that help us understand contentions behind many civil wars and social movements.
Following a lead from Max Weber that has been largely unused, we discover that stratifications and reward systems, diverse spontaneous orders, and several other social attributes are different in different realms of social reality. That is, they vary in science, economy, polity, art, religion, and morality, the constituent parts of a many-splendored society.
An Edifice of Symbols ends with a summary in the form of a table depicting societal realms. A chemist might see this table as kindred to his or her field, for it has some properties of a Periodic System of the type developed in chemistry in the Nineteenth Century. By mapping the position in this table of a given phenomenon in social reality, we can identify many of its characteristics. This means that a diversified, many-splendored society is everywhere within reach, an edifice raised by the use of bits and pieces of language. We can look up and see more than the drab worlds of economy and politics that happen to dominate in contemporary times.
In the third Volume, Fueled by Symbols, we turn from the use of constructing society by language to examining how we use language to inspire human beings to live in the home built by language. We prompt ourselves by "justifying vocabularies" and we prompt others by "impelling vocabularies." These motivating vocabularies are com- (p.vii)prised of short pieces of language with remarkable leverage. This use of symbols makes for a civilized life, where conflicts are resolved, not by force, but by words, and where violence is reduced to the minimum needed to defend civility.
We find that different justifications are in use in all subdivisions of society appearing in our periodic system of societal realms. Impelling language, amongst other things, shapes personalities by constructing vocabularies of identity. We look at some length at other impelling vocabularies shaping social inclusion and exclusion, preserving a favorable self-image, and maintaining the order that upholds us. The impelling and justifying vocabularies lock into each other in very interesting ways. One such link creates the human conscience. Another makes the vocabularies work together like the left and right part of a zipper, resulting in a most reliable day-to-day human motivation.
Such vocabularies, not Hobbes' strongmen of the state, give societies the motivation to flourish. Very few tasks to be undertaken by a modern state need overriding physical force for their execution. Instead, the body politic needs impelling vocabularies, as do the other realms of civilized societies. To follow the temptation to use shortcuts of violence, instead of diplomacy (i.e. language), to exercise ambitions and to solve routine conflicts has been political wisdom in past times. This is unfit as the highway to the future. We argue that those who still practice this approach are literally "uncivilized." They should, if they persist, be overpowered at the hands of the civilized parties, where in this case — and in this case alone — it is justified to use a necessary measure of violence.
The end of Volume 3 is a watershed in this treatise on The Many-Splendored Society. At this point both the writer (certainly) and the reader (probably) can draw a sigh of relief. Our analytical effort has come to an end. Numerous interconnected definitions and a good number of propositions telling how social reality is created and how it works are now under our belt. Time to look at some lovely wholes.
With Volume 4 in this series we begin by presenting details concerning advanced societal realms. As mentioned, they are science, economy, polity, art, religion, and morality. Each societal realm is (p.viii)dominated by certain specific types of symbols and, thus, depends entirely on language brains. In an animal kingdom without language these areas would not develop.
Already in the first chapter of the first volume, we identified the emergence of these societal realms and their roots in European history. Now we go into detail regarding their cardinal values, communication structures, different stratifications, specific reward systems, and their diverse spontaneous orders. A striking fact is that these areas have the potential of becoming comparatively autonomous parts of society, a collective home for individuals who have civic rights, academic freedom, free trade, artistic license, and freedoms of religion and of conscience. Our slogan "Six Realms Born Free and Equal," signals both a discovery and a bias: science, art, religion, and morality are as important in society as are today's favorites, economy and politics.
Volume 4 is entitled Knowledge and Beauty and deals with the social reality of science and art. The societal realm of science contains not only descriptive verbalism, it has openings to the mathematical brain; physical nature has a structure that can be expressed in mathematics. Social science, however, is based on a grammar, i.e. on something found in language — but not necessarily in the old school grammars. Both physical and social sciences are dominated by descriptive discourses that help us understand the world.
The societal realm of art is concerned with what Germans call Erscheinung, i.e. aesthetic forms of revelations, appearances, and entries that are worthy of our contemplation. It also depends on descriptive symbolism, but on a different and more emotive kind that opens a door for people to stay in touch with expressions revealing the unseen of beauty, and of experiences from pre-language stages and worlds.
Volume 5 is entitled Wealth and Sacredness and deals with the social reality of economy and religion; we have now come to the stirring forces of Mammon and God. Economy, with its focus on wealth, uses mostly evaluative language; it is not the goods and services we have that constitute our riches, but their evaluation. We give particular at- (p.ix)tention to two rather different pursuits of riches: manufacturing and finance.
Religion, with its cardinal value of sacredness, also uses mostly evaluative language but language of a very different kind than the language of economy. The fact that language organizes identities, and that all language-using beings are mortal, has given rise to religions in which selves are turned into souls.
Order and Virtue is the title of Volume 6. It deals with the social reality of the body politic and morality. The body politic is focused on the exercise of power, using the tools of legislation and diplomatic treaties, usually phrased in the commanding speech of prescriptive discourse. A many-splendored society is a federation of societal realms. The key to ruling such a society is a ‘central zone’ where exponents of the six societal realms meet and interact. It is essential that access to the central zone is open to all comers. ‘Consent of the governed’ takes on new qualities here.
The realm of morality also uses impelling imperatives, but of a different kind than politics. In the past, morality had a strong focus on how we should cope with biological spontaneities, such as sex and violence. In recent times, a new, moral focus has emerged in requiring mankind to live so that the physical environment is sustainable, and live so that the animal kingdom can survive. In a many-splendored society there is an additional new, moral requirement of authenticity in the cardinal values of knowledge, beauty, wealth, sacredness, order, and virtue.
In dealing with these six grand societal realms, two topics become interesting: how do they search for hegemony within their society, and how do they seek a global reach. Now and then, in the text we look at infightings within a society: state vs. church, religion vs. science, morality vs. law, business vs. politics, et cetera. Furthermore, we discover that these realms are the main actors in the process of globalization which so preoccupies mankind at this juncture of history.
So far, the grand story of societal realms. What remains are the interpenetrations between the social world, on the one hand, and the (p.x) biological and physical worlds, on the other. Physicians, ecologists, engineers, and military officers use language-based skills to cope with bodily spontaneities, vagrancies of nature, technologies, and organized violence. In the seventh and final volume called Life and the Good Life we progress a short distance beyond that which is created by mankind's language capacity (that is beyond "the good life" in Plato's sense) and pursue the impact of certain more biologically based life areas. This is where the requirements of food and shelter and sleep give rise to mankind's tradition of living in households. Sex and reproduction give rise to the tradition of living in generational families. It is also here where biological age sets the stage for lifecycles.
Together in these seven short volumes, we will tell a story — a social theory — of how man's use of language creates the framework for freedom in a many-splendored society. No author, dead or alive, is a supreme lord over his or her own formulations in such stories. New generations create their own formulations. As George Herbert Mead (1936, p 116) said: "A different Caesar crosses the Rubicon not only with each author but with each generation." I have made several reformulations of the classics of social science and humanities to fit into my schema, and in order to be more relevant to the contemporary state of knowledge. The classics are treated, not as monuments, but as stepping stones.
In presenting thoughts and evidence from other authors, I have tried to cite or refer to those authors who first formulated these principles or, at least who formulated them at an early stage, and, at the same time, provided evidence that they understood their importance. At times, I underline the buildup from the past by mentioning the original year of publication in the Bibliography. You will find a greater number of older references in this text than in the majority of texts professing to be up to date in the Twenty-first Century. I hope this practice will convince readers that there has been a great deal of accumulation of knowledge in the social sciences. I have not included the great number of other supporting statements and additional evidence from dates subsequent to the original discovery. (p.xi)
With some degree of ingenuity that, at least, sometimes goes beyond conventional wisdom, we may discover how these categories can establish a set of testable and consistent propositions that provide us with an understanding of the past and a handle to cope with the future. Not that a future society can be forecasted, but that our options for the present and the future can be less myopically perceived.
The schema presented in these volumes is not the property of any particular academic discipline. In the latter half of my professional life I have worked mainly outside universities and their somewhat archaic division of disciplines. Without inhibitions I find it easy to draw on brain research, rhetoric, linguistics, semiotics, cultural studies, communications, journalism, public opinion research, demography, jurisprudence, political science, economics, business administration, market research, anthropology, history of ideas, as well as sociology, which was my field as a university professor. I hope that deans of liberal arts faculties will take notice: many of the different courses they offer in these fields have a common base; many overlap with one another. A great rationalization of students' study is possible if you can overcome the straightjacket of the historically given borders of university departments.
This text sums up my intellectual struggles searching for categories in a science of human society, and combining them into informative messages. I have, thus, expressed many of the ideas presented here in earlier contexts, and sometimes with the same formulations.
There are differences between ordinary language and the language of learning and scholarship; we specify a most important difference in a distinction applied by anthropologists between emic and epic accounts (discussed on pages 136138 in Volume 1 of The Many-Splendored Society: Surrounded by Symbols). However, as mentioned, our categories of social phenomena in this work are based on properties of language. This has opened the intriguing possibility to write advanced social science in a way that most everyone can understand!
In these writings I want to present for the public and for college students a chock full of nuts with discoveries in the science about so- (p.xii)cial reality, and at the same time I want to give professional social scientists a framework which is larger than their specialty.
A work of this kind can only be attempted by standing on the shoulders of giants, as a saying goes. It is also essential to have good people to give you a lift up, and it is particularly important to have many others who in various projects help you to avoid falling off. In an Appendix to the volume of Life and the Good Life I attempt to describe how it all happened, and to thank a number of colleagues and friends who have helped me.
The late Greta Frankel translated fragments of text that I originally had formulated in Swedish, but wanted to reuse here. She saw to it that excerpts from academic papers, newspaper columns, and lectures reappeared in a consistent style so that also non-specialists can understand
The Many-Splendored Society is dedicated to Karin Busch Zetterberg, partner in marriage and research, and my first reader.
Bromma and Strånäset in Sweden and Fuengirola in Spain in the years 20022010.
Hans L Zetterberg
The above Preface, that also serves as an abstract, will be extended as this multivolume work is completed. Seven books are planned, of which this is the second. The text of this preface will be updated when new volumes of The Many-Splendored Society are concluded. (p.xiii)
The Many-Splendored Society includes some warning signs when the text drifts off its central topic of language-based social reality.
[BIO] This book does not focus on biological spontaneities and processes, but when needed to understand social reality we bring them in. When we touch the biological base in a more decisive way, we will flag the occasions by a special sign, [BIO], in the margin of the text or after a heading.
[TECH] Homo sapiens are better at using tools than other beings, and the relation between technology and human social reality is fundamental, but it is not the main topic of this work. The impact of technology on social reality has no separate treatment in this treatise; you find it scattered in the text. However, whenever technology is discussed, you will see a [TECH] in the margin or after a heading.
[NAT] Continents and oceans, valleys and mountains, rivers and lakes, sunshine and rain, earthquakes and tsunamis, and numerous other features of nature have great impact on the shapes of human societies. Ecology has recently gained extraordinary attention. This topic, however, is not the center of attention here, but when we bring it in it is marked by a special sign, [NAT] for nature.
[ANIM] A border between man and animals — or between the speaking animal and other animals — is hinted at times in our text. [ANIM] is our fourth and last sign that we have left our central topic of language-based social reality. (p.xiv)
A man who has done a great deal of fishing one day encounters a young boy in his community and begins to show the young boy how to fish. He instructs him and demonstrates the ins and outs of fishing, prescribing: "Do this!" and "Do that!" Another day he shows another boy how to fish, and then a third and a fourth. In the course of these events, he becomes known and described in the community as the “fishing teacher.” And the youngsters take on the position of “fishing apprentices.” The community now has established the ‘social relation’ (the social role) of teacher-apprentice in fishing. Others may take on the position of "fishing teacher" along with the original teacher, or after him. As some teachers prove to be better than others are, they receive different ranks: master teacher and regular teacher. Henceforth, any talk about learning how to fish or any showing others how to fish is both enabled and constrained by these experiences. The joint process of enabling and constraining is the ‘linguistic mechanism of structuration.’ This process created the position of fishing teacher, as it has created most each and every position in the edifice we call human society. The process includes the pressures of convergence that we will discuss in the next volume of The Many-Splendored Society.
The linguistic mechanism of structuration is always ready to go to work. Listen to the talk in the fishing community! Parents say “The fishing teacher shall bring the children back for dinner." The priest says "Fishing teachers shall not work on religious holidays." The community chief rules: "The catch shall be divided equally among the apprentices, as among the members in our hunting teams." Moreover, the chief may come upon the idea: (p.173) "Every tenth fish shall be given to the chief as tax." The community thus establishes 'social norms' (prescriptions) for the new position.
The elementary processes of structuration by means of language result in 'positions,' 'relations,' and 'ranks.' More advanced processes of structuration take these concepts as building blocks. The fishing teachers in a community can form a 'network' to stay in touch with one another. They may establish a 'mass medium' that broadcasts weather and fishing conditions, for example, by visible hand signals or flag signals. A part of a network of fishermen may band together in a lasting fishing team with a common leadership and top rank, in short, what we call an 'organization.' To stay out fishing longer, a separate group may process the caught fish, thus engaging more people and having a division of labor. Moreover, and not to be forgotten, the fishermen will undoubtedly discover that they cannot, themselves, consume all of their catch. So they exchange some of it for utensils and firewood, for warm clothing to be able to fish in the cold season, et cetera. Therefore, 'markets,' networks for exchange of properties, become parts of their community. We, thus, have new positions in the social structure: producers, wholesalers, retailers, and consumers of fish.
[TECH] Some of the producers were entrepreneurs who invented and put to use new technology and new organizations for fishing and its marketing. New tools helped fishermen to catch more fish in less time, and with less effort and labor. An innovation in cooking appeared: to preserve a concentrate of the fish in the form of a sauce, marketed under the name garum. Factories for its production were built along seashores. The factories had adjacent potteries to make the vessels in which to keep the product. A far-flung trade in garum came to light; and factory owners and tradesmen amassed fortunes. In other places, and with different climates, one learned to preserve fish by drying and here a (p.174) big trade in kabeljou (cod) developed. Fishing was now an important branch in the 'societal realm' of economy.
Eventually, in a recent generation, the efficiency of fishing raised concern about the reproduction of the fruits of the waters. Representatives of the realm of science spoke up about this. Then, another realm, called government, intervened, and used the language of diplomacy to work out a fishing 'treaty.' Since a great number of peoples shared the fishing waters, this became an international treaty. An 'intergovernmental institution' was created to reinforce ecologically-based restrictions on fishing. Excessive fishing continued. Certain countries initiated a discussion concerning the provision of private ‘property rights’ specified by GPS readings of fishing areas, so that owners would be better motivated to pursue sustainable fishing.
This is a fishing story about the major topic of a societal structuration, shaped by technology and ecology, but based on the linguistic mechanism of structuration. A large number of ordinary terms, referred to here in single quotes, await explication and definition. Let us first consider the term structuration.
Human beings, who interact over time, repeat and freeze certain of their activities, turning them into habitual and customary forms. A linguistic mechanism of structuration is at work to create a complex edifice. For the study of this social reality we use scholarly symbols stripped of magic, confabulation, and defensive bilge, to provide us with a set of general categories and dimensions, all based on the properties of language.
Structuration is a very large field in the study of societies. It includes everything from conversation routines in everyday life — such as saying “Hello” and “Goodbye” when we meet and depart — to the processes of establishing positions, roles, and organiza- (p.175)tions. Structuration also embraces complex historical processes differentiating and shaping major realms of societal life, such as the institutions of knowledge, religion, art, ethics, economy, statecraft, and law. We saw that in the opening Chapter in Volume 1 of this work when our topic was the differentiation of Europe, a special case of structuration.
In English, the awkward term for this is “structuration” To make matters worse, the results of structuration also receive the same label, “structuration.” A pioneering German sociologist, Georg Simmel, referred to the structuration phenomenon as Vergesellschaftung, an equally uncomfortable label. In spite of this, he managed to write with insight and beauty about this phenomenon in an introductory book, Soziologie. Untersuchungen über die Formen der Vergesell-schaftung (Simmel 1908/1923).
“Taxonomy” is the name we give to the labeling and presenting characteristics. To provide the Latin names of every bone and tender of the human anatomy to the students of medicine is intrinsically tedious and, indeed, taxing. This is similar to exploring the details of a geographic territory and, at the same time, assimilating its foreign language. The same is true of the social edifice. In the Twenty-first Century, it seems impossible to write the taxonomy of social reality with Simmel’s elegance. Simmel actually worked more in the realm and reward system of a literary artist than that of a scientist1. While he enjoyed people citing him, he never cited contemporary scholars, only classical texts. This made him an outsider at the University of Berlin, but not in the intellectual life of Berlin.
Simmel gave us lively portraits of characters, such as city dwellers, strangers, noblemen, et cetera. A German critic, Walter Benjamin, continued this type of inquiry. Like Simmel, he did not (p.176)accept the discipline of academe. For example, he exhibits an idiosyncratic version of Marxism – both Marxists and non-Marxists agree on this – an irresponsible view of the use of violence that would not pass in university seminars. His scattered essays on city life from the period between the Word Wars of the Twentieth Century has been collected and translated into an English volume, Reflections, Essays, Aphorisms, Autobiographical Writings (Benjamin 1978). Here one finds astute observations and analyses of Berlin, Moscow, Marseilles, Naples, and, most memorable, the Paris Arcades. Similar to Simmel, Benjamin excelled in portraits of the emerging characters of his times, for example, flâneurs, gamblers, and collectors.
In dealing with the structuration of social life, our task, in this book, is academic. We give up any attempt to the artistic flair of Simmel and Benjamin, in return for a systematic approach that ends with a periodic table. We work, instead, in the tradition of the greatest German social scientist, Max Weber.
Before the First World War, Weber (1913) put together his first taxonomy (Kategorienlehre) for the entire social sciences – or what he, at that time, called “general sociology.” A revised and extended version appeared after the War in the initial chapters of his Economy and Society (Weber 1920/1978). At his death in 1920, he had not entirely closed his taxonomical project. Outside his systematic schema we find the term “Charisma” in later chapters of Economy and Society; we deal with this term on page 239 below. The term “Eigengesetzlichkeit” means bounded autonomy. This Weberian concept is central to my book; see pages 343-349 below. However, this term is also outside Weber’s formal scheme of definitions for social science, and found only in his work on religion. (Weber 1921)
Weber used the same term to designate both an emic, pure ideal-type – for example, “the economy” – and an etic concrete societal phenomenon – for example “the Prussian agricultural economy in the 1890s” with its special political rules, kinship (p.177)structures, aristocratic ethos, et cetera.
In my work on categories, I am not much bothered by the dilemma that the same terms may stand for both the abstractly pure and the messily concrete limits to time and place. Normally, one can easily figure out the usage from the context. In communicating social science to laymen, I have, instead, appreciated Weber’s praxis of using the language of the sources, but at the same time attributing the key terms with a more formal, or ideal-typical, meaning. However, Weber’s written language has an unfortunate distance from direct, short, and easily accessible everyday sentences. In this sense, Weber is a poor model for a social science that accepts the obligation to be accessible to the public with which it deals.
In our time, we meet a taxonomic challenge via the realization explored in our previous volume of The Many-Splendored Society, namely, that linguistic symbols make up social reality. Therefore, we can legitimately approximate social reality’s technical terms by means of ordinary language. That may not be elegant, but nonprofessionals can better understand the outcome.
The modern usage of the term structuration dates from foundations by Anthony Giddens (1984). Prior to Giddens' work, it was customary to refer to man's actions meeting the resistance of social structures. Also, the writing of famous sociologists, Talcott Parsons for one, suggests that people repeatedly bang their creative heads against walls raised by society. Of course, this could well be the actual experience of many a man and, even more, (p.178) women. However, reality is not so one-sided. If you look closer, you find that social structures are also human activities, and the process of structuration is a creative one in which many parts are voluntary. Social reality created by man’s free use of symbols is, and remains, our central fact in the study of its structures.
It is my aim to honor and maintain this aspect of Giddens' criticism, but to also focus on the use of language in the structuration process. We shall make full use of the idea that language used in human encounters makes some of its components stiff and turns them into forms that are more permanent, and with special designations. This approach – the linguistic mechanism of structuration – provides an easier and more parsimonious entry into this field of study, than other approaches. If you do not start with the language base of structuration, you may end up in painfully complicated texts, such as the one by Alexander and Colomy (1990).
We can all readily learn to identify and cope with the majority of social structures (or part of structures) that we encounter in our personal life: family, friendships, work places, public authorities, stores, et cetera We may even be able to enumerate and describe many of the structures we have personally encountered. However, to cope professionally with contemporary and historical structures is an overwhelming task. The enumeration can be huge. We must use classifications reducing the multitude to manageable amounts. Social scientists in the past century accomplished much of this task, and we will select from their works for our presentation.
A first starting point for our contribution to the task of classification in the study of social reality — and what might justify asking readers to pay some attention — is the Tri and Bi-sections of Language Usages3. It separates into descriptions, evaluations, and prescriptions, and each of these contains executive and emotive
components. These properties of language are the unique parts of terminology that a social scientist needs; the rest we can obtain from logic or borrow from other sciences.
Such was one message in the previous volume of The Many-Splendored Society. For those who have not read that volume, we may repeat our first intuitive usage of this Tri and Bi-section when we looked at lifestyles entirely dependent on language4 and met the natives of any many-splendored society. They are the Learning-Buffs concerned with what we know from executive descriptions in scholarship. Business-Minded who pursue the best executive evaluations in the market places of goods and services. Civic-Minded who prepare executive prescriptions for the order of their community. Aesthetes who seek emotively loaded expressions typical of artistic products. Believers who engage emotively charged evaluations of life and death. Moreover, we have the Compassionate who follow emotively charged prescriptions of doing good to humankind.
In this volume and the next one, we shall present further concepts based on these components of language. Underling our effort is another message from Volume 1: If humanity has the capacity to compose previously unheard-of sentences, it also has the capacity to cook and serve social structures never before seen.
In Chapter 6 we take a first step of creating taxonomy of social reality by separating the personal from the social. If we fail to detach what we do alone and what we do in consort with others, we will make all sorts of subsequent mistakes in our thinking. We have two drills to go thorough: separating habits and customs, and separating uniformity and individuality. Then we can practice or illustrate what we learned, for example, on the writings by (p.180)Adam Smith (1776) and views by others about these, hopefully avoiding common misreading of his work.
The chapter continues with a presentation of two basic tools for ordering social reality: norms and contracts. Both organize prescriptions in society. We get a flying start to our discussion by standing on the shoulders of the Austrian jurist Hans Kelsen (1934) in the case of norms and the American jurist Wesley Newcomb Hohfeld (1913) in case of contracts. They were remarkably foresighted, and used logic, which was sharp as an owl, that has yet to be fully applied in anthropology, cultural studies, sociology and economics that otherwise inform us a great deal about either norms or contracts. To study the major difference between a law-dominated society and a contract-dominated society is a promising territory of future scholarship and for finding future political agendas.
Chapter 7 deals with social positions and relations, the most common building blocks in all human structuration. Those who have taken a course in introductory sociology will recognize certain of the terms.
Chapter 8 shows how positions and relations cluster into organizations, networks, media, and, in addition, a previously familiar but unnamed structure that we baptize as ‘netorgs.’ The latter seems to be able to outdo all of the others in shaping the history of societies.
In Chapter 9 we bring in the effects of certain numeric restrictions. We look at mankind’s physical limits of actions, and particularly its limits in reaching accurate knowledge about large societal structures. We become particularly interested in how limits promote a structuration into two master clusters of society: Gemeinschaft and Gesellschaft (Folk Life and City Life). They were discovered in most of their implications by Ferdinand Tönnies (1887). These clusters are an intermediary resting point in our study, a first notion of how total societies may differ. We will see (beginning on page 327 below) how scholars have continuously (p.181)added discoveries to these two types of societies. Here, then, is a glimpse of what one can achieve in social science by a paradigm from the turn of the century, a hundred years ago.
In Chapter 10 we will reach an important floor for our edifice of symbols, the very central 'cardinal values' of knowledge, wealth, order, beauty, sacredness, and virtue. A 'societal realm' is all social phenomena (positions, roles, organizations, networks, media, functions, stratifications, rationalities, freedoms, spontaneous orders, etc) that have stake in one and the same cardinal value. Similarities in columns and rows in our small tables on these topics indicate that a more extensive digest of language-based social categories is close at hand. At the end of this Volume we present our version in the form of a Periodic Table of Societal Realms. This is found on pages 404-405. The table has 108 cells, created by six columns that contain the Tri and Bi-sections to which 18 rows have been added. The columns define societal realms, and the rows point at their most important attributes.
The Periodic Table of Societal Realms is the final resting point of this Volume. Certain parallels and repetitions in the rows and columns of the categories will become obvious. Affinities between certain cells will appear, and morphologies between groups of cells of the schema emerge. Knowledge of the position of a phenomenon in the rows and columns gives us considerable information about a social phenomenon, always about its definition, and sometimes about its empirical regularities. This may be good enough, at least for the time being. It moves social science to a level that chemistry had achieved in 1869 when Dimitri I. Mendelévy discovered its periodic system of elements.
The periodic table of elements does not contain the laws of chemistry. However, it classified the chemical reality so that chemists could formulate efficient laws regarding this science. Likewise, our Periodic Table of Societal Realms maps the language-based parts of human society into efficient categories, but it does not tell what happens in society. What apparently has (p.182)happened and what constitutes grounds for future happenings is, rather, hinted at in our Propositions. This Volume of The Many-Splendored Society includes 25 Propositions. We number them, discuss them in the text, and list them beginning on page 413. (p.183)
Let us sort out human actions that are alike, or, rather nearly alike, as we rarely, or never, can take two actions exactly alike. Certain physical actions do look alike or as “the same” on simple inspection, for example, people brushing their teeth. When in doubt, we recognize the similarity of such actions from the words we attach to them: “brushing teeth.” Communicative acts, such as descriptions, evaluations, and prescriptions, are alike if they have the same meanings. Here, it does not matter very much whether the meanings in an expression are down-to-earth “Brush your teeth every day!” (a Meadian way of talking), or if they are synonymous, such as “Attend to a daily dental care” (a Saussurian way of talking5.) In either case, we treat them as similar.
Usually actions are similar because they are embedded in uniform symbolic meanings — for example, Mr. X's reading of an editorial and Mr. Y's reading of the same editorial, or Mr. X's reading of an editorial one morning and his reading of another editorial in his paper the following morning. All of these acts of reading are “alike.”
Actions that are repeated in this manner, or would be repeated if the opportunity presented itself (e.g. the appearance of the newspaper on a breakfast table), are 'persistent actions.' We might further distinguish between intra-individual and inter-individual persistence, as one of the fathers of American pragmatism, John (p.184)Dewey (1922, Part 1, sec. 2) did, by separating habits from customs. A 'habitual action' is a persistent action by one and the same individual: for example, Mr. York's habit of voting for the Democrats in every election. A 'customary action' is a persistent action by several persons, for example, the Democratic vote of New York City in the 1960s. We envisage persistent actions in dispositional terms; if the opportunity presents itself, they are repeated — by the same person in the case of a habit, and by several persons in the case of a custom.
Customary actions are a main topic of a cluster of learning about societies that includes traditional sociology and social anthropology, as well as economics, political science, history, and cultural studies. Here we meet concepts, such as community, bureaucracy, institution, market, culture, schools of thought and tastes, and so forth. Habitual actions are a main topic of another cluster of learning, i.e. psychology and biography. In this cluster, we meet concepts such as trait, ability, drive, personality, and other complexes of such actions. Social psychology bridges these two clusters of learning; its propositions link habitual and customary actions to one another. I would include both psychology and social psychology under the broader umbrella of social science. You cannot fully understand, say the customs of politics, trading, prayer, or art collecting without psychology, and certainly not without social psychology.
The last chapter in the first volume of The Many-Splendored Society left us with what we promised should be light luggage, a minimum vocabulary of descriptions, evaluations, and prescriptions that had more or less of emotive loadings. Let us unpack this luggage and use it to begin to write a theory of social reality.
We might consider our basic terms, descriptions, evaluations, and prescriptions, as either habitual or customary communications. In this way, we arrive at definitions of a series of well-known and useful terms. ‘Cognition’ is a habitual description, whether quite recently acquired or since long established. The (p.185) reader's knowledge that this text is devoted to social science is cognition. You could, or would reassert, this cognition, as the occasion requires. A habitual evaluation — for example, the reader's emerging feeling that this might be a difficult text — is what we call an 'attitude.' A habitual prescription — for example, a teacher's assignment to his students — is an 'exhortation' (or its mirror term 'expectation'). When we say, "This book is devoted to social science" (a cognition) or "This book is difficult" (an attitude), or "You, too, should read Chapter Six in Zetterberg's book!" (an exhortation), we usually give stable responses: we repeat them as the occasion arises. When the time comes when we no longer repeat these responses, we have given up or forgotten a habit.
Figure 6.1. The Tri-section of Language in Habitual and Customary Form.
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The parallel customary communications are also readily recognized. We call customary descriptions 'social beliefs', or simply 'beliefs.' “Smoking shortens your life” is a growing belief at the turn of the century in Western countries. Customary evaluations may be called 'public sentiments,' or simply 'sentiments'; an expression, such as "The Vietnam war is bad for the United States," was once a public sentiment, an evaluation shared by many Americans and non-Americans in the 1960s. Customary prescriptions like “Vote in general elections!” are usually called 'social norms,' or simply 'norms.' We should not confuse a social norm with a statistical norm, which tells what is most common, not what is prescribed. (p.186)
As you see, all these terms stand for language products. We are able to illustrate these products by words that we can put into quotes, and many people, not just some odd individuals, express them.
Those interested in the architecture of science can stop to consider Figure 6.1. It illustrates how concepts in social science can be constructed from a minimum vocabulary of terms grounded in linguistics (description, evaluation and prescription) plus certain terms from logic and other sciences, namely ‘applied to one person’ (habitual) and ‘applied to more than one person’ (customary). It is almost too simple to be true6.
We can add a summary term for all types of customary communications as 'public views’, or ‘public opinions’. An easy means of visualizing what is customary, is to visualize a table summarizing poll data from a large number of people. When a high percentage of respondents in an urban and educated category of the population say, for example, "all children ought to have a college education," they express a customary prescription, i.e. a social norm prevailing in that part of society. When one parent repeatedly says to a son or daughter to finish college, we have an exhortation.
Usually habitual and customary actions overlap. Parent's exhortation about education enters as one element in the customary prescription concerning school attendance. However, there are also completely idiosyncratic exhortations (e.g. whims) and there are shared outbursts in collectivities that have no counterparts among the habitual actions of its members (e.g. panicking crowds). Moreover, even if we assume that overlap is normal, (p.187)points of strain will remain. Modern society is far from homogeneous. There will be frequent instances when someone has an established cognition that clashes with a new description that is becoming customary, or, when someone, who has established attitudes, meets new public sentiment. Therefore, we do not take the overlap between the habitual and the customary for granted, but, rather, view this overlap as problematical. We accomplish this when we study 'convergence,' that is, the degree of such overlap. Convergence is also found in the operation of the linguistic principle of structuration.
Convergence of actions may range from "altruism" to "egoism," to use Émile Durkheim's (1897) somewhat archaic vocabulary. The former is a condition in which all habitual actions are also customary ones; in other words, man is totally submerged into society. The latter is a condition in which none of the habitual actions are also customary actions, and in which people, thus, behave, completely, individualistically or idiosyncratically. Durkheim saw both extremes, not only the latter, as dangerous to individuals and to society at large; both may, for example, lead to high suicide rates. For the less extreme aspects of this continuum we nowadays use the terms 'collectivism' for doing something similar and together, and 'individualism' for doing the same thing one's own way.
Elaborate philosophies, social movements, and political constitutions have developed around the poles of collectivism and individualism. Located only 100 miles apart, ancient Sparta stood for collectivism; while ancient Athens stood for individualism (This stereotype may actually be true for males only. Spartan women, the mothers of soldiers, had more freedom and better status than the women of Athens, whose most attractive sons were raised by established men in homosexual relations.)
Neighboring historical periods have also been characterized differently. Collectivism characterized the European Middle Ages, and individualism was the mark of the spirit of the Renais- (p.188)sance. In Post-Renaissance political thinking, Rousseau and Hegel promoted collectivism, and Locke and de Tocqueville promoted individualism. The term "individualism" was actually an invention of the latter. It seems more typical of the “AngloProtestant Civilization” (described on pages 26-28 in Volume 1) than any other civilization.
In the Twentieth Century, a political and economic liberalism embodying individuality was at the center of the political scene. This liberalism faced deadly conflicts with the uniformity of the right, embodied in fascism, and with a uniformity of the left, embodied in communism.
In the Twenty-first Century, Western individuality faces the collectivism of Islam. This is an uneven ideological struggle. The standard-bearer on the side of individualism, the United States, has many Christians in its population, but the US is not a Christian state. That would be contrary to individualism and to its constitution. By contrast, the standard-bearers on the collectivist side are constituted as Islamic states. It is patently easy for them to use the power of the state in ideological struggles, just as Nazi Germany and the Soviets had done in the previous century.
It may seem self-evident that there is a difference between the customary and collective, on the one hand, and the habitual and individual, on the other. Bypassing such distinctions, people are apt to misunderstand a great deal of social science. For example, a famous theorem advanced by Adam Smith reads: In a free market, (that means without monopolies or coercions) both sides to a trade generally gain from the trade, even when everyone is motivated solely by their own self-interests. In other words, a person's or a company's gain is never entirely at the expense of those they trade with. If the latter did not gain anything at all, they would not agree to any trade in a free market. Smith’s thesis is not a celebration of a morality of personal greed; it is an observation about (p.189)free trade and free markets. His discovery stunned economic thinkers for over two centuries, so it took reminders from psychologists and brain researchers supporting the premise that mutual aid and bigheartedness are important factors in economic behavior. This is what the Austrian-Swiss economist, Ernst Fehr, among others, has observed (Gintis, et al. 2005).
"It is not from the benevolence from the butcher, the brewer, or the baker that we expect our dinner, but from their regard to their own interest,” is his much quoted counterintuitive insight in Adam Smith’s multivolume classic text, An Inquiry into the Nature and Causes of the Wealth of Nations (1776). Thus, society need not be held together by threats from "the sovereign," such as a king or a priest or even a ruling assembly, such as a Parliament, as had been thought from Plato to Hobbes. In Smith's view, it can cohere through mutual self-interest. This process of coherence eventually became labeled “the invisible hand.” Smith called his theory "natural liberty;" later writers have called it "laissez-faire."
The wealth of nations, which we nowadays usually measure as Gross National Product (GNP), is a collective attribute, not an individual one. Smith's book cannot be read to tell how an individual becomes rich or poor, only how a nation becomes rich or poor. For a nation to become rich requires abolishment of privilege, the provision of freedom to markets, and a division of labor, all collective attributes.
Partisans, who failed to distinguish the difference between the collective and the individual, have corrupted Smith so that it takes considerable effort to understand his original meaning. Smith’s conceptions have no affinity to any "procreation advantage" (Charles Darwin) or "the survival of the fittest" (Herbert Spencer), or to “the law of the jungle” (Rudyard Kipling). Such notions slipped into vulgarized versions of Herbert Hoover's American laissez-faire and Margaret Thatcher's British laissez-faire. Nor do they have any affinity with the Marxian ideas of “exploitation of the workers.” Such notions were subsequent ad- (p.190)ditions to the image of laissez-faire. Incidentally, while many refer to Adam Smith as the father of capitalism, he never used the word “capitalism.” It is a term that gained currency in the Nineteenth Century and Smith lived in the Eighteenth Century.
Adam Smith held a professorship in "moral philosophy" at the University of Glasgow. Moral precepts and human compassion were self-evident ingredients in his view of society. One of his arguments reads: "when wages are high we shall always find the workmen more active, diligent, and expeditious than when they are low." Moreover, "the sovereign" in Smith's writing refers to the state as known to his times, not to a modern state involved in health and education of all its members, and with direct involvement in the financing of welfare to its youngest, oldest, and unemployed members who cannot support themselves. It is misplaced to cite Smith as an apostle dismantling welfare states.
What you can do is to cite Adam Smith as an apostle for removing the state from the running of ordinary businesses:
Every man, as long as he does not violate the laws of justice, is left perfectly free to pursue his own interest his own way, and to bring both his industry and capital into competition with those of any other man, or order of men. The sovereign is completely discharged from a duty, in the attempting to perform which he must always be exposed to innumerable delusions, and for the proper performance of which no human wisdom or knowledge could ever be sufficient; the duty of superintending the industry of private people, and of directing it towards the employments most suitable to the interest of the society. According to the system of natural liberty, the sovereign has only three duties to attend to; three duties of great importance, indeed, but plain and intelligible to common understandings: first, the duty of protecting the society from violence and invasion of other independent societies; secondly, the duty of protecting, as far as possible, every member of the society from the injustice or oppression of every other member of it, or the duty (p.191)of establishing an exact administration of justice; and, thirdly, the duty of erecting and maintaining certain public works and certain public institutions which it can never be for the interest of any individual, or small number of individuals, to erect and maintain; because the profit could never repay the expense to any individual or small number of individuals, though it may frequently do much more than repay it to a great society (Smith 1776, vol. IV, pp 51-52)
In his effort to demarcate the role of the state from the role of the economy, Adam Smith becomes an apostle of taking the first step towards a many-splendored society.
To achieve a fully many-splendored society, however, church and state must also separate from one another, and so must church and university. In a many-splendored society, religion and morality should be at arm’s length, as was the case in ancient Athens and pre-Christian Rome. Likewise, art and morality must become more independent of other realms. Ultimately, they should all be equals to the body politic and the economy.
The study of such problems requires concepts concerning collective orders, not only of individual actions, i.e. we need the approach of Adam Smith.
In An Inquiry into the Nature and Causes of the Wealth of Nations Adam Smith’s contribution to the theory of structuration is division of labor and its effect on the wealth of nations. He discovered that an increased specialization in occupations in a market makes society richer. Here is the germ of a later idea in economics in which each geographical area of the world was to specialize in what it does best and cheapest, and free trade would spread the benefits. This may be the most important discovery that social science ever made and it became a cornerstone of academic economics. The prevailing vision prior to Smith had been “For ye (p.192)have the poor always with you,” as we read in King James Bible (Matthew 26:11).
In sociological thinking, structuration in the form of division of labor became associated primarily with the French sociologist Émile Durkheim. He found other consequences of the division of labor: such division makes us, paradoxically enough, at once, more individualistic and more public-spirited. The division of labor, he said in De la division du travail social (1893), is "the great innovation that distinguishes contemporary societies from the societies of the past.”
The historical direction of development is from societies with a simple division of labor, in which people are expected to behave similarly, to societies with a complex division of labor in which they are expected to behave differently, all according to each individual's specialization. A society in which everyone faces exactly equal expectations does not presumably exist. There is always a certain degree of differentiation between older and younger people, between men and women, and between insiders and outsiders. Nevertheless, clan and sect communities are, generally, organized around homogeneity of norms, beliefs, and feelings. When a member of the community deviates from these, serious disturbances arise and there is a high probability that the deviant will be rejected from the group, in extreme cases by exile or capital punishment. In these communities, with the sect's and tribe's demands for uniformity and loyalty, what Durkheim calls "mechanical solidarity" prevails. Here, the individual must fuse with the community. Individualism is not permitted, and degrees of freedom are few. Differentiated communities, on the other hand, are bound together by "organic solidarity“— mutual dependence on its members' specialized functions.
Nonetheless, for Émile Durkheim the individual in this kind of community, too, is, in all essentials, a product of society. Through their countless combinations, the various individual roles and life histories in the differentiated society create unique individuals (p.193)with many degrees of freedom. Thus, differentiation in these complex societies gives birth to a new kind of human being: "a personality of his own, with his own opinions, his own religion, his own lifestyle, and who draws a clear line between himself and society, between private problems and public concerns."
In a society based on the members' dissimilarity, cooperation is essential. Cooperation must also continue to flow when someone deviates from the pattern. Order may be restored by the imposition of penalties on the deviants that allow them to continue in their cooperative role; such penalties may be fines or, possibly, brief and more symbolic prison terms. Here, organic solidarity prevails. This is what characterizes an urban society. Thus, one manifestation of development from mechanical to organic solidarity is the shift from criminal to civil legislation. In addition to this differentiation in law, the process is illustrated in Durkheim's works by examples from family life, the education system, business and industry, and religion. He refers more seldom to specific historical courses of events. He prefers to seek general explanations for social life, and does not want to settle for tenuous historical links.
It is impossible and bewildering to try to keep track of the activities in a society. To record everything with surveillance cameras would make most people mad, and it would not help very much as the task remains to make sense of and classify what the cameras have recorded.
Mankind has invented a different means to develop and to cope with regularities in societies. This does not focus on all of the activities. One way humanity copes with the problem of creating regularities is to look for a limited number of norms, each of which produces a multitude of activities. (p.194)
We have defined a ‘social norm’ in a society as a shared prescription. This differs from a statistical norm, which stands for either the average or the most common, behavior or some other measure of a central tendency. When social norms are effective, they produce statistical norms with low deviation around a prescribed behavior. We shall postpone the discussion of the conditions for compliance to norms to the next Volume of The Many-Splendored Society. Here, we shall address the form of manageable order resulting from the norms.
There are many kinds of societal norms.
If and when some form of violence is prescribed against the violators of a norm, we deal with a ‘coercive norm.’ The violence may be any forcible deprivation of “life, liberty, and property,” including deprivation of any cardinal value (particularly economic), any rank or privilege, any basic biological necessity. In these instances, you are not merely expected to conform to a norm stating that you are not to steal from your neighbor. You are fined or jailed if you do steal, and you are often liable to provide indemnity to your neighbor.
Here we deal with a ‘twotier norm’ system. The first level is a general prescription, “Thou shalt not steal.” The second level contains norms instructing certain individuals, such as, police, judges and jailers to deal with you in prescribed ways, using violence if you resist. In legal texts, you seldom find an explicit reference to the first tier, but only to the second: “those who commit thefts shall be tried and jailed." Those who read only the second level, i.e. the agents of enforcement, easily understand the first level.
Two-tier norms, laws, are a great human innovation. They standardize punishments extracted at violations of norms. The personal decisions and whims of the mighty no longer determine penalties of those who violate the norms comprising the laws of the land. The second tier of the norm removes any option of arbitrary retributions. To specify second tiers is one of several steps in “the rule of law,” as opposed to the rule of man. (p.195)
Figure 6.2. Different Types of Norms, Freely after Hans Kelsen and with Realm Norms Added.

Norms guiding the creation of laws comprise a special category. They are ‘basic laws" or "constitutions.’ They may be written or unwritten, or a combination of both. Constitutions are any lasting arrangements for establishing the rules of law. If we accept this broad definition of constitution, we can agree with Edmund Burke (1790/1986) who argued that the basic law of a people lies in the history of their institutions, not only in a text they call their constitution. He holds that the real constitution for the United States is not only a paper document from 1787, but also the rules (p.196) in the entire constellation of customs and values that had developed on the North American Continent during the two centuries prior to the American Revolution.
Rules determining how to make rules need to be stable; thus there are, usually, restraints on the process of changing constitutions. For example, it may be required that they be endorsed by a referendum, or by two parliaments separated by a general election, and/or by qualified majorities.
Two-level norms enacted according to the basic laws, written or unwritten, become defined as ‘legal norms.’ This is a necessary second step in the rule of law. Other norms are simply ‘social norms.’ Coercive, non-legal norms are those of a ‘mafia.’ See Figure 6.2 depicts the most common types of norms.
All these distinctions, and several important others, were codified by Hans Kelsen in his pioneering work Reine Rechtslehre (1934). (They were actually anticipated in one of his first treatises on law and state from 1911.) Late in life, he further refined them in a new edition in 1967. His distinctions are what he called "scientific," and, rightly so, in an old-fashioned, positive way. Thus, they are void of any assumption that the legal norms are divine or are expressions of a higher morality. They are also void of ideas that legal norms are grounded in some universal human nature, something that would require empirical proof which is not at hand, or, at least is not presently at hand in a convincing manner.
The ideal that norms and values shall be, or at least are able to be, the same at all times, all places, and all conditions, is called universalism. Many religions have certain beliefs about social reality and cosmos claimed to be universal, but there is no universal religion. Universalism is a term from theology that has found its way into social science, particularly jurisprudence, political science, and social philosophy. Here it means total universalism across all divisions of society. (p.197)
In secular contexts, universalism saw many victories during the European Enlightenment. The urge for universalism in recent decades is attested to by frequent references to declarations from the United Nations, said to contain universal consensus. They include The Universal Declaration of Human Rights, The International Labour Organization's Declaration on Fundamental Principles and Rights at Work, The Rio Declaration on Environment and Development, The United Nations Convention Against Corruption. If general formulations are used, the universal norms and rights boil down to a total of ten principles, according to United Nations Global Compact Office.
In reality, humankind always develops certain non-universal norms for artistic and scientific activities and in economic, religious, and political life. We shall call them ‘realm norms.’ Differences built into every human language create societal realms, and the realm norms are language products. Such non-universal norms are actually the underpinnings of a many-splendored society.
The realm norms in the body politic are not necessarily two-tier laws enacted by legislatures. Many norms in the polity deal with administrative routines. Some are common to all government bureaucracies. Some are special ordinances and apply within only one of the bureaucracies created by the legislature to administer special chapters of legislation, such as taxation, social security, foreign relations, et cetera. The bureaucracies, themselves, with an implicit or explicit approval from the executive branch, issue the latter realm norms.
In countries with swollen public sectors, for example Sweden where the public sector channels half of the BNP, these realm norms are legion. Here the legislated norms are, at best, 5 percent of all norms in the body politic; administrative rules account for about 85 percent (Sterzel 2009, 261). (p.198)
Plato knew about realm norms. In Book 1 of The Republic Plato and a circle of people discuss what is "right," in some translations called "justice," that is, the legal and moral commandments concerning different roles in society and different aspects of society. Socrates asked Cephalus, a businessman of the third generation who had created a fortune larger than the one he had inherited, what was the greatest blessing his money had brought him. Cephalus, an aged man, looks back on his life in business and says that he has not had any reason "to lie to or cheat others, whether inadvertently or deliberately." These are the thoughts of a man who suggests that throughout his life he has entered business deals based on honesty and voluntariness, that he has always kept his part of agreements and has repaid all debts. He can, therefore, meet death with peace of mind.
Socrates thought that Cephalus had put his answer well, but he was still not satisfied. Not because he doubts Cephalus or suspects that he is just a cheap crook, but because answers from the business community cannot be generalized to hold for all of society. He gives an example showing that good business ethics do not always apply.
Justice, what is it? — to speak the truth and to pay your debts — no more than this? And are there not exceptions even to this? Suppose that a friend in his right mind, has deposited arms with me and he then asks for them when he is not in his right mind should I to give them back to him? No one would say that I should or that I would be right in doing so, any more than they would say that I should always speak the truth to one who is in his condition (Plato, Republic, Book 1).
Faced with this difficulty, Cephalus thought it best to leave the conversation. The gathering agreed, "a friend should always do well to his friend and never do him harm." Plato had thus revealed that moral dictates in the economy are not only different (p.199)from those in the socially small world of friends, but that some of those dictates can conflict with those based on friendship. We can generalize this in modern terms to mean that the discovery of the norms of the business world differ from, and in some cases, conflict with those of the civil society. (Here I use the term "civil society" in its present meaning to connote family life, neighborhood circles, associations, religious and cultural life. In antiquity, "civil society" meant something quite different that was more in line with the realm of body politic.)
The dictates of the guardians, the ruling elite in Plato’s Republic, also differ from others. Socrates asks: "Is then the best (man) to watch the camp the one who can sneak into the enemy's camp?" The gathering responds, "Of course:" For a guardian, stealing the enemy's plans is honorable.
Plato's norms for statecraft and business have been effectively updated by Jane Jacobs (1992). Similar to her antique model, Jacobs uses the form of a dialog to present her arguments. She regards the problem of whether or not to return the deposited weapon as a gulf between the commercial moral syndrome and that of the guardians: not to return the weapon is seen “as a form of policing” (p. 30). Jacobs is forced to this conclusion inasmuch as she does not acknowledge that civil society has its own moral syndrome, which differs from the syndromes of both the guardians and businessmen. A slightly modified version of Jacobs that also includes certain norms from Moses is shown in Figure 6.3. Under the heading "Civil Society" we list three universal candidates from the Decalogue.
The oppositions between the norms of the state and business are usually not apparent, but they become obvious to an inquiring Socrates. In civil society, we may assume that compassion is to rule, not the dictate of business to compete. In civil society one shall not lie, steal or kill, but in the name of the state soldiers are commanded to deceive, steal from, and kill their enemies. Such (p.200)conflicts, as familiar as they are irreconcilable, have always plagued sensitive young people in differentiated societies.
Figure 6.3. Different Norms in Economy and the Body Politic. Freely, after Plato and Jacobs, with civil society norms added.
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BUSINESS: Create wealth Reach voluntary agreements that are advantageous Respect contracts Compete Never use force Be open to all information Cooperate with foreigners Take initiative and be enterprising Look for innovations and inventions Invest in effective production and trade Be industrious |
CIVIL SOCIETY: Do not lie Do not steal Do not kill |
STATECRAFT : Maintain order Use force effectively Maintain discipline Respect the power hierarchy Be loyal, promote loyalty of others Do not enter into business deals Use information selectively Be generous in order to attain goals Enjoy pomp and circumstance Stand up for your rights and honor Be courageous |
It is significant that the three norms from civil society that we have taken from the Decalogue are fully compatible with the norms of business but not the norms of polity, at least not at time of war or danger of war.
Those social norms that are anchored in an established ethic or in an institution in the realm of morality, may be called ‘ethical norms.’ Any claim that ethical norms are universal and shall overrule all other norms is, at best, only partially valid, as we shall see in Volume 6 of The Many-Splendored Society. (p.201)
To conclude, we add six realm norms to the Kelsen-type categories of norms, as presented in Figure 6:2. The first two are business norms and administrative norms, as described in Figure 6:3. Academic norms include, among other courtesies, rules of citation as regards reference to discoveries by others. Aesthetic norms require generous amount of time to be given to contemplate works of art. They may also require tolerance of the bohemian lifestyles in art communities. Religious norms may be dietary or dress codes, observance of religious holidays, et cetera. The everyday moral norms present special concerns for the help and care of the youngest and the oldest and those adults who are sick, or down and out. In general, it holds that the lion’s share of moral norms deal with welfare.
The ever presence of realm norms has not lead to a corresponding attention by scholars. The kind of pluralism that realm norms represent has been seen by many intellectuals as something backwards, and by many rulers as a threat. In the Western tradition, the celebrated attention is rather drawn to universal norms, such as norms of rationality, and more recently also norms of equality. The problems and possibilities of the coexistence of realm norms with rationality and universalism should be a research field of high priority. Michaels Walzer’s book Spheres of Justice. A Defense of Pluralism and Equality (1983) is a praiseworthy achievement to study realm norms and the possibility of universally valid egalitarian norms.
One realm’s norms require immunity from intrusions from other realms. Realm norms thus require special freedoms such as free trade, academic freedom, and artistic license. We begin to deal with them on pages 399-400 below.
All medieval European universities had law faculties, the leading ones being at the universities of Salamanca in Spain, Bologna in Italy, and Paris in France. These law schools engaged in an in- (p.202)depth exploration and a great systematization of the Roman heritage of legislation. Legal scholars, theologians, and philosophers also pursued theories of existence of natural norms in legislation in the service of a higher justice, either grounded in divine revelation or in God’s creation of human nature. Given this natural law, laymen were taught to think of legislation as a tool of fairness and justice that punished evil people and left good people in peace.
The medieval giant of learning, Thomas Aquinas, held that God had given the world and mankind two sets of laws. One was composed of the eternal laws of nature implanted at Creation. The other constituted laws given by God at later times. At the time of the Old Testament, mankind received the Ten Commandments, and at the time of the New Testament the Golden Rule, affirming that man should love his neighbor as himself.
Conceptions of a natural and God-given judicial system are a leading theme in the West's history of ideas. This theme has been explored with great acuity and learning by Aristotle, Aquinas, Hobbes, Locke, Kant and many others. Legislation inspired by natural law lives on in our days, in large measure because of Montesquieu’s great influence on modern constitutions.
Lesser spirits compared to those who first presented natural laws have questioned the ideas therein during past centuries. Some of these individuals worked in accordance with the scientific method, and could, therefore, make major discoveries even though they were to no degree creative geniuses. Philosophers in Cambridge, Uppsala, Oslo, and Vienna developed this criticism. They proposed that it was possible to have jurisprudence without any elements of natural law. In the United States, Justice Oliver Wendell Holmes (1841-1935) put forth the fundamental idea that the law is that which the courts recognize as law, and that valid law is synonymous with their verdicts.
None of the modern theories of justice has room and need for natural laws. Utilitarianism wants to minimize social harm. It can execute its calculations of benefits and harms without natural (p.203)laws. Libertarianism wants to maximize personal freedom. It reaches its conclusions without reference to natural laws. Communitarianism wants to cultivate civic virtues. It does not have to assume that these virtues are given by God or a given in human nature. Some communitarians argue that the virtues they pursue have their ground in the religion of their civilization. They may be quite right in this, but the issue is an empirical question and not one settled by fiat.
The Austrian jurist, Alfred Verdrass published a book Abendländische Rechtsphilsophie (1958), which contains thoughtful statements of a modern view of natural law. Its main maxim deserves capital letters:
"HUMAN DIGNITY IS SUPERIOR TO ALL SOCIAL ORDER."
No order, be it political, religious, economic, or what have you, have the right to destroy human dignity.
In order to realize this basic judgment of value, Verdrass specifies five prescriptions for humanity. With §signs and numbers added here, they summarize in this way:
§1. A society must acknowledge a sphere in every individual within which he acts as a free and responsible person;
§2. The law must protect and guarantee this personal freedom;
§3. The exercise of public authority must be limited;
§4. Such curtailment must be guaranteed by law;
§5. Persons whose dignity has been offended by laws or authorities need not obey the offensive laws or directives.
A social scientist, like anyone else, can embrace Verdrass' theses and share in the admiration of them. All we have to realize is that these beautiful maxims are part of serious political and moral reasoning, and that they deserve to become laws enacted according to constitutions and those courts that enforce them. That, of course, is a tall order requiring personal pledges and civic courage. But this does not require any belief that these laws are God-given. Nor do such commitments require any scientifically ques- (p.204)tionable belief that these laws are part of man’s biological nature. What is called natural laws are, in reality, great political and moral achievements of past generations requiring renewals from each new generation in order to survive. We, who have had the short historical privilege to live under these maxims, should be immensely proud of them, and pass them on to our children.
In Verdrass the question of natural law has, in effect, boiled down to issues close to what is called universal human rights. A civic movement for human rights can easily house and cultivate his maxims. The success of such movements depends on personal pledges and efforts by citizens and their leaders. Success for human rights does not come from relying on any special faculty of human nature, or on relying on a future victory of some divine justice.
Norms, as we have seen, are shared prescriptions, a concept that takes for granted a certain agreement in a collectivity, small or large. There are also wholly individual prescriptions, such as “Tell me his name!”, “Give me a hand!” or “Sell this item to me!” In ordinary discourse, such individually prescriptive language is as common, as is the language of shared prescriptions. In particular, mundane talk of modern life in a Western society is full of such expressions.
Individual prescriptive sentences are the stuff of which contracts between individuals are made and rights established. Contracts between parties are as essential as laws for the order and functioning of a modern society.
We celebrate the American jurist Wesley Newcomb Hohfeld as a pioneering analyst of the language of contracts and rights. His raw material is not mundane conversations about rights in the general public but arguments and verdicts by judges based on tales told and lines of reasoning made in courts. (p.205)
In a seminal paper from 1913 and a follow-up in 1919, Hohfeld sharpened the analysis of epic vocabularies of rights by separating four constituent parts of rights. This is how he starts out, and I cite:
“An effort will be made to pursue this method:
Jural Opposites
rights no-rights
privilege duty
power disability
immunity liability
Jural Correlatives
right duty
privilege no-right
power liability
immunity disability” (Hohfeld 1913, 24)
These are words from the blackboard in the years before World War I when Professor Hohfeld lectured at Stanford University. Some of these concepts deal with acts we should undertake and also are allowed to undertake; rights, duties, and privileges belong here. Another set of concepts refers to what we have, or can acquire, legal competence to undertake; power, liability, and immunity belong here. Admittedly, Hohfeld’s terms are not particularly easy to apply. Some have had their labels altered by later users but not their content. However, Hohfeld’s terms are indispensable, and an effort to learn them is well rewarded.7
8 The difference between mundane and pristine language is presented on pages 96-98, and the difference between emic and epic language is presented on pages 136-139 in Volume 1 of The Many-Splendored Society: Surrounded by Symbols.
Figure 6.4. Hohfeld’s Table. Distinctions between Rights of One Party and Burdens of Another Party.
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Hohfeld’s main conclusion is that "the term ‘rights’ tends to be used indiscriminately to cover what, in a given case, may be a privilege, a power, or an immunity, rather than a right in the strictest sense..." (ibid). His analysis reveals a “right” as a package of four separate prescriptions used in any social encounter between any two parties. They are claim, liberty, power, and immunity. To discuss these components, it has proven useful to present them as a table, as in Figure 6.4, known in the literature as Hohfeld’s Table.
Let us illustrate the above terms by a dialogue in an encounter between an immigrant from a country with a non-English mother tongue (Ego) and a teacher of English (Alter) in his or her adopted English-speaking country; let us say it is Canada, a country that sponsors English instruction to immigrants. On the left side we spell out the content of the rights involved in everyday words, that is, what we have called mundane, emic language, and on the right side, we note its formal properties in logically pristine epic language8. In the right hand column of abstractions, I call the parties in the dialogue Ego and Alter. (p.207)
Figure 6.5. The Beginning of a Dialogue concerning a Contract in Hohfeldian Terminology
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Mundane, emic language
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Analytic, epic language |
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Immigrant: I want you to teach me English! Teacher: Yes, I am an authorized English teacher. |
Ego: I have a claim that Alter does X. Alter: I have a duty to do X. |
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Immigrant: I can choose you or someone else to teach me English. Teacher: Yes, you do not have to learn English from me; there are other teachers. |
Ego: I am at liberty to do, or not to do X. Alter: I have no claim that Ego does X. |
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Immigrant: I want to use the English you teach me to find a mate, to get a job, to worship, to get a degree, perhaps even to be a teacher like you, [yes, to do anything except to insult or deceive others]. Teacher: I do not care how you use the English I teach you. |
Ego: I have the power to dispose of X [as long as I do not violate any rights of other persons]. Alter: I assume no liability about any disposition of X. |
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Immigrant: I don't want to let you or anyone else to make changes to these conditions Teacher: I shall have no possibility to change the way you use the English I teach you. |
Ego: I am immune from any attempts by any Alter to change my powers over X. Alter: I have no power to change Ego's conditions for disposing of X. |
A dialogue of the above kind is the beginning of a transfer of property rights, in this case an immaterial right, the valuable property of knowing English.
To bring the notion of power in line with a common contemporary restriction, I have amended it with brackets into “doing anything [as long as it does not violate the rights of others]”. Of course, one may bring in other restrictions, for example, from a list of human rights, or from the realms of religion or morality. (p.208) The general idea behind such restrictions is that no one shall have a duty to do evil.
Contracts are legion in society. We shall return to Hohfeld and expand on the types of dialogues shown in Figure 6.5 when we deal with the exchanges of property rights, such as those involving consumer and industrial goods. His reasoning, however, is usable in all sorts of contracts: employment contracts, marriage contracts, civic rights, peace treaties, et cetera.
Hohfeld’s Table helps us separate existing rights from magical ones. When a politician or someone else proclaims that "Everyone has a right to education" this is a statement of the type "I have a dream that everyone receives an education." Dreams have immunity. Such statements become genuine rights only when amended to indicate who has the duty to provide and when the latter have accepted this duty: "Everyone has the right to an education and it is the duty of the state (or church or family or the employer, etc) to provide schools for everyone."
The brilliance of Hohfeld's distinctions lies not only in its specification of four meanings of right in column one, i.e. claim, liberty, power, and immunity. In the second column he has added the necessary complements of a functioning right, namely a responsible response from others. Only by specifying who has to deliver on a claim, do we have a genuine right. Finally, in the third column we have Hohfeld’s negations to the four rights. This is helpful since it states what is valid whenever we conclude that no rights are present, i.e. a beneficial situation for human freedom. A society in which everything is a right or a duty seems unbearably restricted and void of human freedom.
Hohfeld's usage of the contrariety anticipates modern semiotics by half a century. Let us look at the semiotic way of presenting this type of intellectual material. It is my suggestion that progress (p.209)in Hohfeldian analyses will be faster if we break it up in smaller so-called semiotic squares, that we discussed in on pages 6063 (in Volume 1). A single Hohfeldian table breaks up into several semiotic squares. This gives us more manageable units of analyses than full Hohfeldian tables. In Figure 6.6 we illustrate a shortcut to a semiotic square that covers immunity and liberty.
Looking at the right side of Figure 6.6 we locate the basic confusion that Hohfeld revealed between right and immunity. To say (in line with a UN Declaration) that “Everyone has the right to a job” is an immune pronunciation, very typical in political rhetoric. Political journalism rarely exposes its hollowness. The job declaration can become a full right only when the state has accepted the duty to give everyone a job.
This would presume that the state organizes public works financed by taxes for the unemployed in any occupation. Or, it is implemented when the economy is socialized so that factories and offices can accept excess personnel and live with the resulting inefficiencies of over-manning.
In capitalist societies, a political rhetoric about jobs for everybody contains no rights, only immunities. A policy for more jobs in a free society — not a job for everybody, which is impossible, but for as many as possible — requires a policy for as many and as big employers as possible, some in the public sector and many in the private sector. For example, a body politic that eases business burdens by lowering or abandoning payroll taxes can facilitate the expansion of the ranks of employers. This is hardly what the political left has in mind when they demonstrate for the right to a job for everyone.
Looking at the left side of the square in Figure 6.6 we have an illustration of Hohfeld’s discussion of property rights, specifically the condition of trespassing someone’s land. “X has a right or claim that Y, the other man, should stay off the land, he himself has the privilege of entering on the land” (Hohfeld 1913, 26, italics (p.210)in original. (Remember that what Hohfeld called “privilege” we now call “liberty.”)
Figure 6.6. Shortcut Version of a Semiotic Square of Rights, Immunity, and Liberty.

The controversy over files-haring on the Internet provides a good illustration of contemporary controversies about trespassing. Internet is a network once invented for exchange of scientific information. Scientists have free access. A scientist normally gives up economic property rights to his findings, in return for the honor of being recognized as the discoverer. This honor becomes visible in mentions and citations in future scientific publications. Trespassing is called “plagiarism,” and is a sin in science. Such are the realm norms and the reward system of science. We describe it further in Volume 4. (p.211)
However, file sharing of copyrighted songs, pictures, and literary products has caused conflicts due to the different reward systems in science and the arts. Science and arts have different realm norms. The artist sells his product for a lump sum or for royalty. That is part of the norms in the reward system of art. Then, songs on the Internet cannot readily be freely available except if and when they are explicit gifts to the world from the artist.
Hofeldian analyses of the misuse of the word “rights” are particularly relevant in a many-splendored society because here different realm norms are manifest and different reward systems prevail in different realms9.
9 More on this in Volumes 4-6 of The Many-Splendored Society.
Hohfeld's table is a shell; it does not provide concrete content of rights. The human rights that have emerged from mankind’s encounters over the centuries include the right to life and the right to self-defense against beasts and aggressive enemies. Hunting and gathering societies have tenuous rights to collective territorial property. Firmer rights to a common territorial ground, "commons," are found in agricultural societies with cattle. In these societies, some individual property, at least of agricultural products, is established. Trading societies abound with rights to private properties, sometimes including those of chattel slaves.
In today's societies you have the right to your own body and its free movements. A visible exception is strict Muslim societies, where female bodies are controlled in the first place by their fathers, and then by uncles, brothers and after marriage, by their husbands, and, during widowhood, by in-law males. In these societies, women's movements and speech in public places may also be restricted. (p.212)
The legislation in an increasing number of countries that gives pregnant women with the sole decision to have an abortion is a recent extension of the right to own one's body. In the early stages of pregnancy, the fetus is seen as a tissue of the woman's body — to which she has all the rights — at best, it is a tissue handled with respect also by others.
There is a tendency in theories of rights to consider them as given, once and for all. The empirical evidence is that rights emerge and sometimes disappear as history marches on. Taking a long view, it is apparent that catalogues that people believe contain "universal rights" may be dated and local. For example, the United Nations’ catalogue from 1946 includes a right to vacation, an amenity of an industrial era and its specific means of organizing work. This was already in 1946 irrelevant to most of the world's farmers. It is also irrelevant for many self-employed, freelancers, and others with voluntary and erratic working schemes.
It is an old rule that the public should be suspicious of politicians who want to include details of their party program in their country’s constitutions. One should be equally wary of interest groups who propose their specific goals as universal human rights.
We have accumulated much historical evidence since the days when constitutional assemblies in Philadelphia and Paris discussed human rights. The record suggests that widespread rights for citizens are the result of a combination of worldly political/military struggles and high-minded ethical arguments.
There are many theories by philosophers and jurists — for example, Grotius, Locke, Kant, Rousseau, Verdrass, Rawls, Nozick — about the derivation of human rights. For a brief review, see Alan Gewirth, Human Rights (1982). No consensus has emerged among scholars about a correct theory of human rights. However, (p.213)the authority of each of these scholars is considerable, and each one undoubtedly has contributed to the strong belief in universal human rights existing in public opinion in the Western world. The military and political success of the American and French revolutions gave palpable evidence to back this authority.
The Western rhetoric and legislation concerning human rights is faithful and idealistic. Fundamentalism is a rule when discussing human rights. Here, then, is a significant exception to the main trend, discovered by Max Weber, that recent Western civilization, in contrast to the Eastern civilization, is predominantly pragmatic (zweckrational) and with limited room for fidelity to ideals (wertrational)10. Western civilization grants no exceptions to human rights; it is not something about which you can be pragmatic. For example, it was not possible for the United States to keep suspected terrorists imprisoned at Guantanamo Bay. They have the rights of criminals, or the rights of prisoners of war (Boumediene vs. Bush, US Supreme Court, 2008).
In the beginning of the Twenty-first century, a Western jurist or opinionated citizen could openly complain in their home country about the lack of human rights in Saudi Arabia or China, or anywhere in the world. Western editorial writers and intellectuals often gripe that their own national leaders were not energetic enough in complaining about foreign abuses of human rights, when leaders of their nations have diplomatic contacts. The Chinese diplomatic response was usually along these lines: "yes, we know that you Americans and Europeans are interested in human rights. So are we. But we are pragmatic about it in our country." In this way, they define the problem as one for the West, not for their own country. In earlier Chinese history, however, the celebrated position was actually the reverse. A well-known message of The Analects of Confucius (551-479 BCE) states: (p.214)
The Master said, “Exemplary persons understand what is appropriate; petty persons understand what is of personal advantage." (#4.16 in the translation by Ames and Rosemont (1998)).
The expression “appropriate” as opposed to “personal advantage” is perhaps the nearest we have in Classical China to the Western notion of “right.” The Chinese version fits in a secular ethics. It is void of magic and metaphysics, and may not necessarily develop the ambiguities that Hohfeld (1913) discovered in “rights.”
One should not sweep under a carpet the obvious dissonance between the mainstream of pragmatism of the Western world and its fundamentalism about human rights. It creates a difficulty for human rights intellectuals, at least for some of us who accept pragmatism in all other areas of life. The difficulties for the public are compounded by the slippery way our politicians talk about rights, using the term as a claim arising from special interest groups, far from the precision of Hohfeld's Table.
An important research project in social science would be a study of the degree of stability and development that a society could achieve with a few — a strictly limited number — of fundamentalist backbones of human rights securing the dignity of man and animal, leaving other life areas and societal realms to pragmatism.
A bitter lesson from the Twentieth Century is that Kelsen's edifice of pure law could be filled with Nazi legislation making, for example, confiscation of Jewish property “legal” in Kelsen's formal sense, and making existing legislation unable to stop the workings of the Holocaust. Among other things, the Universal Declaration of Human Rights of the General Assembly of the United Nation from 1946 was designed to prevent reoccurrences of such outcomes.
Two years later the European Council, a group of democratic states, specified a European Convention for the Protection of (p.215)Human Rights and Fundamental Freedoms and established a European Court of Human Rights in Strasbourg to enforce the Convention. The court in Strasbourg admits cases that have traveled through all national levels of a court system in a member country. Moreover, this court deals only with infringements of human rights by governments, a central theme of Verdrass' theses. The Court spells out the duty of governments according to a European catalogue of rights. Thus, enforceable rights in the sense of Hohfeld's Table are created, not only political spuma of immunities.
The European Court of Human Rights is not perfect, but it is shining in comparison with the frequently ineffective and sometimes incompetent, even farcical, treatments of violations of human rights around the turn of the century by the agency with the corresponding function in the United Nations.
Prescriptions that an individual issues to her or himself deserve special attention, not only by psychologists, but also by students of history and society. You tell yourself “I have to clean my apartment!” or “I must exercise more!” or “I will never more drink alcoholic beverages!” Such prescriptions may be echoes of social norms or even a part of a marriage contract, but they may also be very individual expressions of will, pledges often intended to have visible consequences also for others.
A ‘pledge’ is not a contract. It is a promise to do something, regardless of what other people do. As an illustration, we may take The Shakertown Pledge from 1973.
Recognizing that Earth and the fullness thereof is a gift from our gracious God, and that we are called to cherish, nurture, and provide loving stewardship for Earth's resources, and recognizing that life itself is a gift, and a call to responsibility, joy, and celebration, I make the following declarations: (p.216)
1. I declare myself a world citizen
2. I commit myself to lead an ecologically sound life.
3. I commit myself to lead a life of creative simplicity and to share my personal wealth with the world's poor.
4. I commit myself to join with others in the reshaping of institutions in order to bring about a more just global society in which all people have full access to the needed resources for their physical, emotional, intellectual, and spiritual growth.
5. I commit myself to occupational accountability, and so doing I will seek to avoid the creation of products which cause harm to others.
6. I affirm the gift of my body and commit myself to its proper nourishment and physical wellbeing.
7. I commit myself to examine continually my relations with others and to attempt to relate honestly, morally, and lovingly to those around me.
8. I commit myself to personal renewal through prayer, meditation, and study.
9. I commit myself to responsible participation in a community of faith.
A ‘pledge’ is an unconditional commitment (self-prescription) to act regardless of return. Conditional commitments are sometimes called pledges, but are simply exchange of offers to act and get specified favors in return, a normal event in any market.
Real pledges, if widespread, are not words in thin air. The Shakertown Pledge, in whole or in part, spread globally from its original Quaker origin in the United States to many idealistic members in the civil rights and environmental movements of the 1970s and beyond.
Pledges have consequences. A class at the American officer school at West Point pledged that they would always speak loud (p.217)and well about all their class mates, and never put anyone down. From this class came an inordinate large number of generals.
Strong pledges are likely to create resistance and contentious confrontations. Weak pledges are more insidious; they easily run out of steam, but in the meantime they may cause change without evoking much opposition. Insignificant actions pledged by many are known to have more significant consequences than strong actions by a few. This happens particularly in so called “tipping-point” situations compiled and explored by Malcolm Gladwell (2000). Sometimes the consequences may be unintended. Quite modest, but common pledges to let your children grow up in an ethnically homogenous community with persons like you, may quickly lead to a menacing residential segregation (Schelling 1971).
Not all pledges are for humanitarian goals. Pledges are made also for nationalistic, fascist, or racist causes. Many local strings of weak and insidious anti-Muslim pledges in 2009 in Switzerland tipped a referendum to an evident prohibition of any further constructions of Mosques on Swiss territory. It is questionable whether this is compatible with human right pledges of the Swiss government.
Speaking generally, laws and contracts flourish in separate worlds. On least at two scores, however, law and contract need each other. Contracting parties need laws specifying the attributes of a valid contract, and they need laws to deal with those who break such contracts. Furthermore, a few persons, legislators, may be assigned a contract, specified in a constitution, to formulate laws according to the rules of the same constitution.
Once you get under its surface (as we did with Hohfeld’s help), it is striking how complex a contract is. A contract to teach some- (p.218)one English has specified rights and obligations far more intricate than the simple social norm “Learn English!” Compared to the sophistication of contracts, prescriptions in the form of laws are plain and straightforward.
There are people who cry out at every frustrating turn, “There ought to be a law against this!” They have rarely the linguistic sophistication to say, “We should try to establish a better contract to avoid this!” The latter is a response available to those advanced in the structuring of social reality in words. Unfortunately, schools do not train many such people. They prefer to teach the simpler creations of laws. This is particularly the case when governments have the decisive say on curriculum.
Societies, if they choose, can rely more on contracts when they become sophisticated in using symbols. Primordial societies, as well as groups in advanced societies who lag in linguistic cleverness, depend heavily on social norms, some of which may be genuine laws, i.e. with two tiers of prescriptions.
Our Master Trends of Civility and Rationality (Volume 1, pp. 79-85) predicts an increasing volume of language-based activities and an increasing level of rationality among the latter. On the coattails of such trends rides the greater sophistication in language use that opens options to increased usage of contracts. In short, there is reason to suppose that humanity advances through the centuries on a road toward more contract-based living.
Proposition 3:4 recalled. The Master Trend of Civility and The Master Trend of Rationality: The history of mankind is (a) a slow but increasing expanse of language-based activities, both in absolute and relative terms, in comparison with mankind's pre-language activities, and (b) a slow but increasing proportion of language activities based on rationality, both in comparison with the pre-language activities and in comparison with all language activities. (Volume 1, p 80.)
While all modern societies have both contracts and laws, they differ greatly in the balance between the two. There is a striking (p.219)divergence in spirit between a law-dominated society and a contract-dominated society. Conformity and regularity marks the former; creativity and perplexity marks the latter. Laws are the supreme tool of conformity and contracts are the supreme tool of self-actualization. “This land shall be built by laws,” is a much-cited adage; parliamentarians all over celebrate it. However, if legislators do not allow contracts, all lands they build will eventually be authoritarian, or socialist, or both.
What could be more important for humanity than to explore this divide between laws and contracts? We need a world map showing us where and in which societal realms pursuits of individuals and organizations are open to contracts, and where in the world, and in which realms, laws regulate pursuits.
A major failure of social science is that this divide between law and contract attracts little research. To be sure, scholars of jurisprudence and political science have some notion of the number of written laws in a society. (In modern times, they are many more than a citizen can master.) Economists, likewise, can analyze the frequency of entering contracts, for example, how many contracts between seller and buyers are entered daily on the publicly traded stock and commodity markets. We also know the number of contracts in labor markets and marriage markets. We know little, however, about the total number of contracts in a society in its relation to the total number of laws, and about the resulting quality of life. Blame the partitioning of university faculties and departments. The campuses incorporate separate ivory towers for the study of laws and for the study of contracts. At the time of this writing, hope for a redress rests with some new professorships in “economics and law” or “law and economics,” which a few forward-looking universities have established.
In the beginning of the Twenty-first Century, think tanks seem to have better organizations and motivation than universities to chart the balance of laws and contracts and the effects of this balance on a society. Some of the best think tanks are located in (p.220)Washington DC. A drawback of this geographic location is that laws and legislation, not contracts and actualization, dominate the intellectual climate in this city and overshadow its ivory tanks11.
Freedom of speech was an essential prerequisite for the language brain to develop the language products that make up social reality. This was a message of Volume 1 of The Many-Splendored Society: Surrounded by Symbols (2009). Freedom of contract is an essential device for structuring social reality beyond the stage of commanding legislation, command economy, command religion, et cetera. Freedom of contract opens the possibility of stable choices among different social structures and among individual paths of life. (p.221)
In a socially small world, participants refer to each other "I" and "You" in their face-to-face encounters. Martin Buber (1923) in his classic work with this very title, Ich und Du, explored how deep this relation can be before it is given a structure (i.e. become manipulated) by a society and losing its authenticity. In our meetings with one another as I and You, we do not need any prior designations of one another, or any knowledge about each other’s background. We are just one whole human and another whole human being.
Buber celebrates this, and as a religious philosopher, he extends this relation to the true communication between believers and their God. The majority of relations, however, are not of this kind, says Buber. In most meetings, the other becomes someone you respond to in the third person, as an "It," a sales clerk, a police officer, a student, a politician, an artist, a journalist, in short, anything that is more like a function than a whole person, sometimes almost as a thing or machine.
Buber, a student of Georg Simmel, focused on the dialogue. Many social scientists have found that a comfortable vocabulary when talking about structuration in society is the full language of drama: that is, roles, publics, scenes, actors, and so forth. This is not only the language of I and Thou. Admittedly, this dramaturgic language is better than behaviorist language, which belongs in the physical science of things.
The trend toward the language of drama in the social sciences started with the social anthropologist Ralph Linton (1936, 115ff), who made "status" and "role" cornerstones in describing social (p.222)structures. I will rephrase his definitions so their base in language becomes more apparent.
When they are speaking generally, anthropologists and sociologists use the term ‘position’ (some say “status”, others “identity”) to include every capacity in which an individual can be expected to act. Typically, the grammatical subject of a prescription is a label naming or describing individuals; this label denotes their position. Consider these sentences:
Students shall go to class.
Gentlemen are requested to wear jackets in the dining room.
Drivers should proceed carefully.
The First Mate is in charge of handling the cargo.
Intellectuals shall fight with words and not with swords.
The names at the left are descriptions of persons, not their proper names, but designations of categories of persons. The crucial aspect of these descriptions is that they are subjects in prescriptions. Each one defines a 'position.'
The different evaluations (e.g. prestige) given to positions assign them to different 'distinctions,' or 'ranks' as some prefer to say. Where ranks are given specific names, we talk about a 'hierarchy.'
Here is a first proposition using our linguistic principle of structuration:
Proposition 7:1 Structuration into Positions and Relations: As persons in the same symbolic environment speak to or about each other, some parts of their language begin to define positions, including their distinctions and relations.
Positions are a special kind of shared beliefs. When we call someone "father," a position, it is not because we have firsthand knowledge of our conception but because others, including the father himself, talk about him as our father. Doubts and ambiva- (p.223)lences about one's positions can be a predicament, here as elsewhere.
When we ask “Who is she (or he)?” the first routine answer is to mention one or more positions. “She is a student, lives in a suburban house, married, has a child, and has a part-time job downtown.” The list of positions a person currently holds is what Merton (1957, 380-384) called “status-set.” I prefer to say a ‘set of positions’ to avoid any confusion with ranks or distinctions that is glued to the word “status.” The set represent her or his current ‘commitments.’
At the dawn of European modernity, Miguel de Cervantes (1547-1616) delved into the complexity of a self-described position inspired by mass media. He relates how Alonso Quijano, a good person of some distinction in the farming town of La Mancha, had read too many books on medieval knights. There were no such knights left in Spain at that time, but the stories about them were legion, produced by booming Gutenberg printing presses. Quijano's infatuation with these stories leads him to a one-sided change of his identity. He was not only an ordinary person but also a famous roaming knight, the fictional Don Quixote of la Mancha, who in his own words "set injuries and insults straight, righted wrongs, punished arrogance, conquered giants, and trampled on monsters." He did his deeds in honor of a lady of his heart and dreams, Dulchina from el Toboso, in mundane life a farm girl named Aldonza Lorenzo from a neighboring village. He had admired her from a distance in his youth.
The stories about Don Quixote and his adventures are hilarious because he acts out a pristine code of honor belonging to a bygone era. The readers laugh, and so apparently in the background, does Alonso Quijano, who occasionally seems to realize that he has assumed an unrealistic self-described position. In the end, a superior knight defeats Don Quixote, and he has to prom- (p.224)ise to give up his knightly armors and return to La Mancha. Having once lived the great fiction, the old life in his hometown, in which also Dulchima is fiction, is never the same.
Cervantes shows how a language of story-telling in a new mass medium comes between a person and reality, a language that not only shapes reality but can become a substitute for reality. A very modern predicament!
Most of the time, we let the persons we meet present themselves and their positions, and we accept what they say. When many others have done the same, it is actually hard to do otherwise, as we will learn from our treatment of convergence12. Self-designated positions become significant only to the extent that others accept them. An impostor claiming to be the legitimate heir to the throne of Russia will achieve a limited following. If an impostor actually believes in his or her outrageous self-designation, we face a human life gone astray.
In some cases, self-presentations remain effective but often unverifiable assertions. For example, some participants in an abortion debate claim to speak for the unborn child, but this does not mean that they have been designated to do so by unborn children. In the globalization debate some claim to speak for the "the Third World or "developing countries"; this does not mean that they have been nominated by low-income populations. In the past hundred years, a large number of Western intellectuals have described their own role as speaking for the "working class," without first checking with the workers. At times, Marx and Engels fall into this category.
We may accept such self-presentations from those who have a solid knowledge of abortions, or a long acquaintance with low-income countries, or command of genuine facts about working class experiences and conditions. However, in other instances (p.225)skepticism about such claims is in order. Of course, when people appear as Prophets of God or Satan skepticism is also valid.
There is a second answer to the question “Who is she?” that we may elicit about the student we wish to describe. We may look for some life-story information. For example, when she finished high school she did not immediately start college. She held a couple of good jobs and started a family. When she, later in life, wanted a college education, she took a part-time job and entered a School of General Studies at a nearby university to study part-time toward a Bachelor's Degree. The list of her past positions constitutes what Merton calls her “status-sequence,” that which in everyday parlance is often called "career." (See Figure 7.1.) Authors often frame biographies and autobiographies by such 'sequences of positions.'
A person's experiences in past positions and relations affect his/her behavior in later positions. Consciously or unconsciously, experiences in a past relation may, transfer (in Freud’s sense) to later relations. Parents do not just raise children; they raise future adults. Basic features of childhood experiences of love, jealousies, and authority live on in grownups and may color their performance in adult positions and relations. If things then go wrong, psychotherapy is often backward looking, i.e. searching clues in half-forgotten childhood memories of significant others, and teach the patients to be friends with their past. An alternative or supplementary therapy that is gaining in importance among practitioners of “cognitive psychology” is to be forward-looking and help a patient get well by practicing on her or his path to new positions or revised relations. (p.226)
We have already mentioned one attribute of any position, its distinction, or rank. This is a shared valuation of the position in its particular symbolic environment. A consensus usually emerges about relative ranking. A senator has a higher rank than a congressman, a doctor a higher rank than a nurse, and so forth. Ranks emerge insidiously; a mate from a prominent family may get a higher in-law rank than one from a less prominent family. Even if born equal, people develop differences in ranks when they grow up, first sex and age distinctions, then other differences.
It is natural to classify positions according to the bases used for describing the occupant. These could be a characteristic of the person himself — such as male, genius, invalid — or his characteristic relation to other occupants of positions — such as mother, customer, guest — or his relation to a super-unit — as citizen, subscriber, member (Lazarsfeld and Menzel 1982, originally written 1956).
Crosscutting such a classification is one that designates positions in accordance with the degree to which they are based on stable characteristics of the occupant; this classification is carried out in terms of 'ascription.’ For example, sex, place of birth, and kinship are unchangeable characteristics; others such as religion and citizenship require efforts to change. Some positions such as those of the age cycle — baby, toddler, child, youth, adult, elderly, old — do change, but we have little control of such changes. Ascribed positions have their opposites in 'achieved' or negotiated positions.
One of the earliest treatises on the modernization of a society is Sir Henry Sumner Maine’s Ancient Law (1861). Maine is a jurist and he traces the avenue of modernization as a trend “from status to contract.” By status, he meant ascribed positions. By contract, he meant freely chosen achieved positions. (p.227)
In traditional societies — whether tribal Africa, caste-dominated India, or feudal Europe — a person's entire life experience and destiny are forecasted by birth, sex, and other events beyond individual control. Ascribed positions determine nearly all activities and affiliations, whether religious or secular, including occupational pursuit, business associates, mated in marriage, home style of life, and power and influence in the larger community. Legislation reveals the modernization of a society, according to Sir Henry. It consists of letting an ever-increasing number of actions and life histories to be dependent upon freely negotiated contracts into new positions, rather than on predetermined positions.
In a modern society, the individual, himself, can decide and negotiate his entry into a church, an occupation, a trade relation, a marriage, a neighborhood, a political body, et cetera. Modernization — or, shall we say 'emancipation' — thus consists of a lifting of restrictions of status and an opening of opportunities for contract. Emancipation is the better term since there are other defining aspects of modernization.
By this reckoning, certain historical societies seem quite emancipated, for example classical Athens, Ephesus, Antioch, and Republican Rome; also a period of the medieval caliphate of Cordoba, the Italian medieval cities of Genoa, Florence, Milan, Venice, and at the dawn of modern commercialism in Antwerp and London. Shakespeare's Hamlet — first on stage in 1600 — is the epitome of a modern emancipated man:
There is a bewildering range of freedoms available to Hamlet, he could marry Ophelia, ascend the throne after Claudius if waiting was bearable, cut Claudius down at almost any time, leave for Wittenberg without permission, organize a coup (being the favorite of the people), or even devote himself to botching plays for the theater. Like his father, he could center upon being a soldier, akin to the younger Fortinbras, or conversely he could turn his superb mind to more organized speculation, (p.228)philosophical or hermetic, than has been his custom. Ophelia describes him, in her lament for his madness, as having been courtier, soldier, and scholar, the exemplar of form and fashion for all Denmark. (Bloom 1998, 418).
Shakespeare's Hamlet vacillates between multitudes of existing, already structured positions, open to him through position-sequences available to a prince at the Castle of Elsinore. Cervantes' Don Quixote is creative and single-minded and chooses a self-described position as a wandering knight that is not routinely available among his contemporaries. Both figures open doors to a modern Europe of self-creating Europeans.

Chart used in a presentation by Zetterberg (1959) updated for this book by Martin Ander.