Jena Philosophy of Spirit

[p. 214]

|214| They⁶¹⁾ are at the same time related to one another, and in tension against one another. Their immediate existence is exclusive; the one has, in his goods, taken possession of a piece of the earth, – not of a singular thing, as in the tool, but of enduring universal existence. He has marked it through labour, or given the sign its content as something existing; a negative, exclusive significance. The other is therefore excluded from what he is; being is no longer a universal.

61) In the margin: α) State of nature – right in the state of nature, as absolute, right. – Right contains the pure person, pure being-recognised; – thus they are not in the state of nature, but sunk in existence – by the fact that he is man, in his concept, but in the state of nature he is not in his concept, but as a natural being, in his existence. – Question contradicts itself immediately – I consider man in his concept, i.e. not in the state of nature

This relation is what is usually called the state of nature; the free, indifferent being of individuals towards one another, and natural right is supposed to answer what rights and duties the individuals have towards one another according to this relation; what the necessity of their conduct is, – of them as self-consciousnesses that are, according to their concept, self-standing. But the only relation between them is precisely to sublate this relation, exeundum e statu naturae. In this relation they have no rights and no duties towards one another, but receive them only by leaving it. It is the concept of self-consciousnesses free towards one another that is posited; – but precisely only the concept; because it is concept, it has rather to realise itself, i.e. precisely to sublate itself, which is in the form of the concept as against its reality. – In fact this happens unconsciously in the very solution of the problem, and in it itself; – unconsciously, i.e. in that the concept does not fall into the object. The problem runs thus: what is right and duty for the individual in the state of nature? – the concept of this individual

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