in public action. To utilize the temper of the community it is necessary to sieze the auspicious moment, to strike while the iron is hot. The public has many things to think of and its attention cannot long be held at one point. The mills of the law may grind slowly but the mills of the public must grind promptly or not at all, for there are many other grists pressing to be ground. Hence often the offender, if he dodges into obscurity and waits till the gust of indignation is over, goes unpunished.
Rooted as it is in the deliberate assent of the majority, law rarely interferes except when the welfare of others is clearly involved. Public sentiment, on the other hand, as it does not always issue from deliberation or involve the assent of the majority, is much more prone to encroach on individual liberty and punish mere non-conformity. It is possible for the vague dislike people feel on regarding wide departures from customary standards, such as vegetarianism, long hair, bloomers or non-attendance at church, to run together into a hostile public sentiment that may lead to persecution.[1] Thus the wholesome sway of public opinion may degenerate into a fierce tyranny of the multitude, making for conformity, conservatism, and stagnation. The only safeguard against such a perversion is an enlightened public conscience which vigorously asserts the right of the individual to be unmolested in his practices and opinions so long as others are not concerned.[2]
Law expresses the will of the entire group so that there can be no clashing of jurisdictions. But the public is often after all only a sect, party or class. In homogeneous communities the
- ↑ "It crushes the weak; it worships success, strength and riches, the symbol of strength; its golden calves are conspicuous in every market-place. It affects to set up its laws in the higher regions of speculation, with the result that the great pioneers of progress are generally its enemies. It attempts to make every question a social question; to render its notions fashionable, to get them represented in high places, and adopted by the powerful." Professor Nettleship in International Journal of Ethics, Vol. II. p. 227.
- ↑ "The greatest of Athenian statesmen claimed for his countrymen that they set an example to the rest of Greece in that enlightened toleration which does not even visit with black looks these who hold unpopular opinions, or venture in any wise to differ from the prevailing sentiment. Such enlightenment is doubtless one of the latest
