On the Scientific Ways of Treating Natural Right

sary. Because the real subsists within it, its identity is a relative one, and this relative identity of what is opposed is necessity; thus, just as it is within difference, so too must its relation itself, or the identity of the relation, be a different one — such that in it, either unity or multiplicity is the first term; this twofold relation determines the doubled side of necessity, or of the appearance of the Absolute. Since this twofold relation falls upon multiplicity, and if we call the unity of what is different — which stands on the other side, and in which that reality, or the many, is sublated — indifference, then the Absolute is the unity of indifference and relation; and because this is a doubled unity, the appearance of the Absolute is determined as the unity of indifference and of that relation, or that relative identity, in which the many is the first, the positive term — and as the unity of indifference and of that relation in which unity is the first and positive term; the former is physical nature, the latter ethical nature. And since indifference, or unity, is freedom, while relation, or relative identity, is necessity, each of these two appearances is the being-one and the indifference of freedom and necessity. Substance is absolute and infinite; in this predicate, infinity, lies the necessity of the divine nature, or its appearance, and this necessity expresses itself as reality precisely in a doubled relation; each of the two attributes itself expresses substance, and is absolute and infinite, or the unity of indifference and relation; and in the relation their difference is posited such that in the relation of the one, the many is the first term, while in the relation of the other, the one is the first term, or that which is turned outward against the others. But because in ethical nature itself, in its relation, unity is the first term, it is therefore also free within this relative identity, that is, within its necessity; or, because the relative identity is not sublated by unity being the first term, this second freedom is determined such that the necessary does exist for ethical nature, but is posited negatively. Were we now to isolate this side of the relative identity of ethical nature, and not to recognize the absolute unity of indifference and this relative identity as the essence of ethical nature, but rather the side of relation, or necessity, then we would stand at the very same point at which the essence of practical reason is determined as possessing absolute causality — that is, that it is indeed free, and necessity is posited only negatively, yet is for that very reason still posited, whereby that very freedom fails to emerge from difference, the relation or relative identity is made into the essence, and the Absolute is conceived solely as the negatively Absolute, or as infinity.

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  1. Editorial Note Avatar
    Editorial Note

    Editorial Note:

    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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