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On the Scientific Ways of Treating Natural Right

[p. 447]

|447| , and already in this form of linking the two sides of the absolute identity it is contained that the totality will present itself just as turbid and impure as that of the original unity. The ground of the being of the one of these unities here separated for the other, or of the transition from the first to the second, is as easily given by empiricism as grounding in general comes easy to it. According to the fiction of the state of nature it is left for the sake of the evils which it carries with it, which means nothing other than: what one wishes to arrive at is presupposed, namely that an accord of what conflicts as chaos is the good or that to which one must come; or into the representation of the original qualities as possibilities such a ground of transition is immediately put as drive of sociability, or the concept-form of a faculty is renounced and one proceeds at once to the wholly particular of the appearance of that second unity, to the historical, as subjugation of the weaker by the more powerful, etc. The unity itself, however, according to the principle of absolute qualitative plurality, as in empirical physics, can do nothing but again [posit], in the place of the many atomic qualities, manifold entanglements of the simple and separated many posited as original, superficial contacts of these qualities, which in themselves in their particularity are indestructible and capable of entering only light, partial combinations and mixtures, hence it can present a plurality of the divided or of relations and, insofar as the unity is posited as a whole, posit the empty name of a formless and external harmony under the name of society and the state. Even if this unity is represented as absolute, whether for itself or, in a more empirical relation, according to its origin, as receiving its immediate origin from God, and if in its subsistence too the centre and inner essence are represented as divine, yet this representation again remains

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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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