Category: Paragraph
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321
II. Sovereignty in Relation to Foreign States Sovereignty in the internal sphere (§ 278) is this ideality insofar as the moments of spirit and of its actuality, the state, are developed in their necessity and subsist as members of it. But spirit, as in freedom an infinitely negative relation to itself, is just as essentially…
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322
Individuality, as exclusive being-for-itself, appears as a relation to other states, each of which is independent in relation to the others. Since it is in this independence that the being-for-itself of actual spirit has its existence, independence is the first freedom and the highest honor of a people. Those who speak of the wishes of…
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323
In existence, this negative relation of the state to itself thus appears as a relation of one state to another, and as if the negative were something external. The existence of this negative relation accordingly takes the form of an occurrence and an entanglement with contingent events coming from outside. But it is the state’s…
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324
This determination, whereby the interest and the right of individuals are posited as a vanishing moment, is at the same time the positive [aspect] of their individuality — an individuality which is not contingent and mutable, but which is in and for itself. This relation, and the recognition of it, is accordingly their substantial duty…
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325
Since the sacrifice for the individuality of the state is the substantial relation of all, and thus a universal duty, it at the same time becomes, as the one side of ideality opposed to the reality of particular existence, itself a particular relation, to which a distinct estate, the estate of courage, is devoted.
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326
Disputes between states can have as their object any particular aspect of their relationship; for such disputes, too, the particular part devoted to the defense of the state has its principal function. But insofar as the state as such, its independence, is placed in danger, duty calls upon all its citizens to its defense. When…
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327
Courage is in itself a formal virtue, because it is the highest abstraction of freedom from all particular purposes, possessions, enjoyment, and life, yet [effects] this negation in an externally actual way; and because the renunciation, as accomplishment, is not in itself of a spiritual nature — its inner disposition may be this or that…
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328
The content of courage as a disposition lies in the true, absolute ultimate end, the sovereignty of the state; the actuality of this ultimate end, as the work of courage, has as its means the surrender of personal actuality. This shape therefore contains the harshness of the highest oppositions: renunciation itself, yet as the existence…
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329
The state has its outward direction in that it is an individual subject. Its relation to others therefore falls to the power of the crown, to which it accordingly belongs immediately and exclusively to command the armed forces, to maintain relations with other states through envoys and the like, and to conclude war and peace…
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330
B. External Constitutional Law External constitutional law proceeds from the relation between independent states; what is in and for itself [valid] within this relation therefore takes the form of an ought, because its being actual rests upon distinct sovereign wills.
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331
A people, as a state, is spirit in its substantial rationality and immediate actuality, and is therefore the absolute power on earth; each state is accordingly, in relation to others, in sovereign independence. To be such for the other, that is, to be recognized by it, is its first, absolute entitlement. But this entitlement is…
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332
The immediate actuality in which states stand toward one another particularizes itself into manifold relations, whose determination proceeds from the independent arbitrary will of both parties and thus has the formal nature of treaties in general. The subject matter of these treaties is, however, of infinitely less variety than in civil society, in which individuals…
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333
The principle of international law, as the universal right that is supposed to hold in and for itself between states, as distinct from the particular content of positive treaties, is that treaties, as that on which the obligations of states toward one another rest, are to be kept. But because the relation between them has…
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334
The dispute between states can therefore, in so far as their particular wills can reach no agreement, be decided only by war. But which injuries — of a kind that can easily arise in great numbers within a state’s far-reaching sphere and its manifold relations through its members — are to count as a determinate…
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335
Moreover, the state, as something spiritual, cannot in general stop short at merely taking account of the actuality of the injury; rather, the representation of such an injury as a danger threatening from another state — with its rise and fall in greater or lesser probabilities, conjectures as to intentions, and so forth — is…
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336
Since, in their relation of independence, states stand over against one another as particular wills, and the validity of treaties rests precisely on this, while the particular will of the whole is, with regard to its content, its welfare in general, this welfare is the supreme law governing its conduct towards others — all the…
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337
The substantial welfare of the state is its welfare as a particular state in its determinate interest and condition, together with its equally distinctive external circumstances and its particular treaty relations: government is thus a particular wisdom, not universal providence (cf. § 324 Remark) — just as, in its relation to other states, the purpose…
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338
In the fact that states mutually recognize one another as such, there remains, even in war — that condition of rightlessness, violence, and contingency — a bond whereby they count for one another as beings in and for themselves, so that even in war itself, war is determined as something that ought to pass away.…
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339
For the rest, the mutual conduct of states in war (e.g. the taking of prisoners), and what a state in peacetime grants to the members of another state by way of rights for private intercourse, and so forth, rests chiefly on the customs of nations, as the inner universality of conduct that maintains itself under…
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340
Into the relation of states to one another — since within it they are particular — there falls the most agitated play of inner particularity: of passions, interests, purposes, of talents and virtues, of violence, wrong, and vice, as well as of external contingency, in the greatest dimensions of appearance — a play in which…