Page:American Journal of Sociology Volume 2.djvu/185

 those cases in which the law is instituted by those who will be its subjects, there appears in lawgiving as such no sign of spontaneity on the part of the subject of the law. It is, nevertheless, very interesting to observe how the Roman conception of law makes prominent the reciprocity between the superior and the subordinate elements. Thus lex means originally compact, in the sense, to be sure, that the terms of the same are fixed by the proponent, and the other party can accept or reject it only en bloc. The lex publica populi Romani meant originally that the king proposed and the people accepted the same. Thus even here, where the conception itself seems to express the complete onesidedness of the superior, the nice social instinct of the Romans pointed in the verbal expression to the coöperation of the subordinate. In consequence of like feeling of the nature of socialization the later Roman jurists declared that the societas leonina is not to be regarded as a social compact; where the one absolutely controls the other, that is, where all spontaneity of the subordinate is excluded, there is no longer any socialization.

Once more, the orator who confronts the assembly, or the teacher his class, seems to be the sole leader, the temporary superior. Nevertheless every one who finds himself in that situation is conscious of the limiting and leading reaction of the mass which is apparently merely passive and submissive to his guidance. This is the case not merely when the parties immediately confront each other. All leaders are also led, as in countless cases the master is the slave of his slaves. “I am your leader, therefore I must follow you,” said one of the most eminent German parliamentarians, with reference to his party. Every journalist is influenced by the public upon which he seems to exert an influence entirely without reaction. The most characteristic case of actual reciprocal influence, in spite of what appears to be subordination without corresponding reaction, is that of hypnotic suggestion. An eminent hypnotist recently asserted that in every hypnosis there occurs an actual if not easily defined influence of the hypnotized upon the hypnotist, and that without this the effect would not be produced.