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On the Scientific Ways of Treating Natural Right

[p. 446]

|446| one has only, in order to show its connection with the original and necessary and thus itself as necessary, to locate for this purpose a special quality or faculty in the chaos, to make hypotheses, in the manner of the sciences proceeding from the empirical in general, for the so-called explanation of actuality, in which this actuality is posited in the same determinacy, only in a wholly formal-ideal shape as force, matter, faculty, so that one is also very easily comprehensible and explicable from the other.

On the one side, this turbid presentiment of original and absolute unity, which expresses itself in the chaos of the state of nature and in the abstraction of faculties and inclinations, does not get as far as absolute negative unity, but goes only to the extinction of a great multitude of particularities and oppositions; but there still remains in it an indeterminable multitude of qualitative determinacies, which have, just as little for themselves any other than an empirical necessity, and for one another no inner necessity; they have only the relation of being, as many, and because this many is for one another but without unity, of being determined as opposed to one another and in absolute conflict against one another, and the separated energies of the ethical must be thought in the state of nature or in the abstract of man as in a war of mutual annihilation. But it is for this very reason easy to show that, since these qualities are absolutely opposed to one another and are therefore purely ideal, they cannot subsist in this ideality and separation, as they are nevertheless supposed to, but sublate themselves and reduce to nothing; but to this absolute reflection and to the insight into the nothing of the determinacies in the absolutely simple empiricism cannot attain, but the many nothings remain for it a multitude of realities. To this plurality, however, the positive unity expressing itself as absolute totality must, for empiricism, be added as something other and alien

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

  1. Cross-reference Avatar
    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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