On the Scientific Ways of Treating Natural Right

The empirical and popular expression through which this conception — which grasps ethical nature solely from the side of its relative identity — has so greatly recommended itself, is that the real, under the names of sensibility, inclinations, the faculty of desire, and so forth (the moment of the multiplicity of the relation), does not accord with reason (the moment of the pure unity of the relation) (the moment of the opposition of unity and multiplicity), and that reason consists in willing out of its own absolute self-activity and autonomy, and in restricting and mastering that sensibility (the moment of the determinacy of this relation, namely that in it unity, or the negation of multiplicity, is the first term). The reality of this conception is grounded in empirical consciousness and in everyone’s general experience of finding within themselves both that dissension and this pure unity of practical reason, or the abstraction of the I. Nor can there be any question of denying this standpoint; rather, it was determined above as the side of relative identity, of the being of the infinite within the finite; but this must be maintained: that it is not the absolute standpoint, since, as has been shown, the relation proves to be only one side, and the isolating of it therefore something one-sided, and that, because ethical life is something absolute, that standpoint is not the standpoint of ethical life, but rather that there is no ethical life within it. And as for the appeal to common consciousness, ethical life itself must occur within that very consciousness just as necessarily as that standpoint which — since the relation, isolated for itself, is posited as existing in itself and not as a moment — is the principle of unethical conduct; empirical consciousness is empirical precisely because the moments of the Absolute appear within it scattered, side by side, successive, fragmented; but it would not even be a common consciousness if ethical life did not likewise occur within it; among these manifold appearances of the ethical and the unethical that occur within empirical consciousness, that formal philosophy had a choice, and it is not the fault of common consciousness, but of philosophy, that it chose the appearance of the unethical and believed it possessed the true Absolute in negative absoluteness, or in infinity.

The exposition of this practical philosophy rests upon setting forth what this negative absoluteness is capable of, and we must trace, in its principal moments, the mistaken attempt to exhibit a true Absolute within the negatively Absolute.

It follows at once that, since pure unity constitutes the essence of practical reason, there can be so little talk of a system of ethical life that not even a plurality of laws is possible; for whatever goes beyond the

Pages: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63

DE

Comments

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

  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)

Leave a Reply