On the Scientific Ways of Treating Natural Right

will and of pure practical reason is that it abstracts from all content; and it is therefore inherently contradictory to seek a moral legislation — since it would have to have a content — in this absolute practical reason, given that its essence consists in having no content.

For this formalism to be able to pronounce a law at all, it is necessary that some matter, some determinacy, be posited that constitutes the content of the law; and the form that is added to this determinacy is unity, or universality; that a maxim of your will must at the same time be valid as the principle of a universal legislation — this fundamental law of pure practical reason expresses that some determinacy, which constitutes the content of the maxim of the particular will, is posited as concept, as universal.

But every determinacy is capable of being taken up into the form of the concept and posited as a quality, and there is nothing at all that could not in this way be made into an ethical law. Yet every determinacy is in itself something particular and not something universal; it has the opposed determinacy standing over against it, and it is a determinacy only insofar as such an opposite stands over against it. Either of the two determinacies is equally capable of being thought; which of the two it should be — which is taken up into unity, or thought, and which is to be abstracted from — this is wholly undetermined and free; if the one is fixed as subsisting in and for itself, then the other, to be sure, cannot be posited; but this other can just as well be thought, and, since this form of thinking is the essence, be pronounced as an absolute moral law. That the most ordinary understanding, without instruction, can perform that easy operation and distinguish which form in the maxim is fit for universal legislation and which is not, Kant demonstrates by the example, the question of whether the maxim of increasing my fortune by every safe means — should such a means present itself in a deposit — could hold as a universal practical law, a maxim whose content would then be that everyone may deny a deposit whose having been entrusted to him no one can prove; this question, he says, decides itself, since such a principle, as a law, would annihilate itself, because it would bring it about that there would be no deposits at all; — but that there would be no deposits at all, what contradiction would lie in that? That there be no deposit will contradict other necessary determinacies; just as, that a deposit be possible, will hang together with other necessary determinacies, and will thereby itself be necessary; but it is not other purposes and material grounds that are to be called upon here, but rather the immediate form of the concept that is supposed to decide the correctness of the first or the second assumption; but for the form, the one of 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