but in this way, that it is left to his own volition whether he will belong to the superior or the inferior, i.e., the outvoted party. We are not now interested in cases of this complex problem in which the superiority is entirely formal, as, for example, in resolves of scientific congresses, but only with those in which the individual is constrained to an action by the will of the party outvoting him, that is, in which he must practically subordinate himself to the majority. This dominance of numbers through the fact that others, though only equal in right, have another opinion, is by no means the matter of course which it seems to us today in our time of determinations by masses. Ancient German law knew nothing of it. If one did not agree with the resolve of the community he was not bound by it. As an application of this principle unanimity was later necessary in the choice of king, evidently because it could not be expected or required that one who had not chosen the king would obey him. The English baron who had opposed authorizing a levy, or who had not been present, often refused to pay it. In the tribal council of the Iroquois, as in the Polish Parliament, decisions had to be unanimous. There was therefore no subordination of an individual to a majority, unless we consider the fact that a proposition was regarded as rejected if it did not receive unanimous approval, a subordination, an outvoting, of the person proposing the measure.
When, on the contrary, majority rule exists, two modes of subordination of the minority are possible, and discrimination between them is of the highest sociological significance. Control of the minority may, in the first place, arise from the fact that the many are more powerful than the few. Although, or rather because the individuals participating in a vote are supposed to be equals, the majority have the physical power to coerce the minority. The taking of a vote and the subjection of the minority serves the purpose of avoiding such actual measurement of strength, but accomplishes practically the same result through the count of votes, since the minority is convinced of the futility of such resort to force. There exist in the group two parties in
