On the Scientific Ways of Treating Natural Right

[p. 443]

|443| totality as a totality of the manifold or as completeness, but before formalism proper as consistency. The former can raise its experiences into universality at will and continue the consistency with its thought determinacies as far as it goes, until other empirical material, which contradicts that, but has just as much its right to be thought and pronounced as a fundamental principle, no longer permits the consistency of the preceding determinacy but compels it to be abandoned. Formalism can extend its consistency as far as the emptiness of its principle in general permits, or a content it has obtained by stealth; in return, however, it is also entitled proudly to exclude from its apriority and science, under the disgusting name of the empirical, whatever is lacking in completeness, for it asserts its formal principles as the a priori and absolute and therefore that of which it cannot make itself master through them as non-absolute and contingent, unless it knows how to help itself otherwise by finding, to the empirical in general and from one determinacy again to the other, the formal transition of progress from the conditioned to the condition and, since this is again a conditioned, so on to infinity, – whereby however it not only gives up every advantage over what it calls the empirical but, since in the connection of the conditioned with the condition these opposites are posited as subsisting absolutely, itself sinks wholly into empirical necessity and lends to this, through the formal identity or the negatively absolute with which it holds it together, the semblance of true absoluteness.

This combination of consistency with the completeness of the image – be it of the latter, more complete formal and empty consistency, or of that former one which, with determinate concepts as fundamental principles, from one of which it passes to others, is consistent only in inconsistency – however immediately displaces the position of the manifold,

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One response to “On the Scientific Ways of Treating Natural Right”

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    Cross-reference

    Cross-reference:
    The following passages of this essay anticipate ideas that Hegel later developed at greater length in the Elements of the Philosophy of Right. Each link leads directly to the exact passage within this essay:

    p. 427 f. (part 2, 1802) – “The state of nature, and the majesty and divinity of the whole of the condition of right …” → § 258 (on the relation between the state of nature, contract theory, and the state’s ethical substantiality)
    p. 437 (part 2, 1802) – “If the determinacy of property in general is posited, then the tautological proposition …” → § 135 (on the critique of the empty formalism of the Kantian doctrine of duty (the example of property))
    p. 439 (part 2, 1802) – “A maxim that, on this principle, is immoral because it contradicts itself, is, precisely …” → § 135 (on the critique of the empty formalism of the Kantian doctrine of duty (the example of helping the poor))
    p. 449 (part 2, 1802) – “In this its determination, then, punishment is something in itself, truly infinite and …” → § 99 (on the theory of punishment: punishment as a work of freedom, against the mere idea of coercion or deterrence)
    p. 458 (part 2, 1802) – “They received laws and commanders from the will of their monarch, and the descendants of …” → § 357 (on the Roman Empire as the disintegration of ethical life into private personhood and abstract universality)
    p. 459 (part 2, 1802) – “It is this nothing other than the performance of tragedy within the ethical, which the …” → § 324 (on the ethical moment of sacrifice and the transience of the finite (compare the motif of war))
    p. 464 (part 2, 1802) – “But that which we have set on one side under the outer form of the first estate is the …” → § 325 (on the estate of valor of its own, and the free, violent death as the highest abstraction of freedom)
    p. 469 (part 3, 1803) – “There must also be a reflex of the same in his empirical consciousness, and such a reflex …” → § 204 (on the second estate (possession, property, bourgeois/formal ethical life))
    p. 469 f. (part 3, 1803) – “Those properties, however, that are truly ethical, in that in them the particular or …” → § 150 (on virtue as ethical energy become individual (the examples of Epaminondas, Hannibal, Caesar))
    p. 470 (part 3, 1803) – “It must also present itself in the form of universality and of cognition, as a system of …” → § 274 (on the relation between legislation and the living customs of a people)
    p. 471 (part 3, 1803) – “We remark in advance, in general, that philosophy, through the universality of the …” → § 3 (on the boundary between philosophical and positive (historical) legal science)

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