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179

|182| Through this falling apart there arises the freedom for the arbitrary will of individuals, in part, in general, to employ their resources more according to the liking, opinions, and purposes of singularity, and, in part, to regard, as it were, a circle of friends, acquaintances, and so on, in place of a family, and to make this declaration, together with the legal consequences of inheritance, in a will.

Into the formation of such a circle, in which the ethical entitlement of the will to such a disposition over resources would lie, there enters — especially insofar as it already carries with it the relation to making a will — so much contingency, arbitrariness, and calculation for self-seeking purposes, and so on, that the ethical moment is something very vague, and the recognition of the authority of arbitrary will to make a will becomes, much more readily, an occasion for the violation of ethical relationships and for base efforts and dependencies of the same kind — just as it also gives occasion and warrant to foolish arbitrariness and malice, to attach, to so-called benefactions and gifts that only take effect upon death — in which my property, in any case, ceases to be mine — conditions of vanity and of an imperious tormenting.

DE ES

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2 responses to “179”

  1. Hegel (Notes) Avatar
    Hegel (Notes)

    Amicis omnia communia. – An abstract gift – not yet carried out, the testator still remains in enjoyment [of the property] and even retains the capacity to dispose of it freely – the last will has binding force only insofar as one, i.e. society, is willing to let it stand – an external existence – not [an existence] through itself – existence
    The horror of empty formalities truly has its field to range in when it comes to testament-making – hedging with clauses – English courts – an entirely moral assessment of what the last will may be –
    Because of contingency – arbitrary will – it could be so, it would be possible – contingency is to be recognized from its connections – its circumstances, such and such – Stryk – the more of these there are, the more probable it is – no circumstance makes the matter necessary – it too is contingent –
    On such formalities the actuality of this valid will is made dependent – it is once again made into something contingent of another kind – I am supposed to fulfill everything it pleases them to demand, –
    Imposing conditions on the heir

  2. Hegel (Simple) Avatar
    Hegel (Simple)

    § 179: The will

    When the families drift apart, the freedom of the individual grows. He can deal with his resources as he likes. He can also put friends and acquaintances in place of the family. He does this in a will.

    Is this good?

    It is allowed. But it has its dark sides. In a will, someone declares whom he favors. Affection is fickle. People can gain it by cunning. It often hangs on silly reasons. A will can become a tool of vanity. Some attach conditions to their inheritance that torment and humiliate the heirs. And they do this beyond their own death, when the property no longer belongs to them anyway.

    Summary: As the family falls apart, the freedom to leave one’s property by will grows. This freedom is allowed, but it is full of chance and arbitrary will. It easily leads to vanity and dependence.

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