On the Scientific Ways of Treating Natural Right

[p. 452]

|452| such philosophising, and its own confusion, e.g. of ethical life, morality, legality or, in a more particular case, in punishment, the confusion of revenge, security of the state, improvement, carrying out of the threat, deterrence, prevention, etc., whether in a scientific regard or in practical life, to the absolute holding apart of these different sides of one and the same intuition and the determining of the whole of it by a single one of these qualities, – asserts with right that theory and that which calls itself philosophy and metaphysics have no application and contradict necessary practice, – which non-applicability would be better expressed by saying that in that theory and philosophy there is nothing absolute, no reality and truth. Finally empiricism rightly also reproaches such philosophising with its ingratitude towards it, in that it is what supplies it with the content of its concepts and must see the same spoilt and perverted by it; for empiricism offers the determinacy of the content in an entanglement and connectedness with other determinacies, which in its essence is a whole, organic and living, which is killed by that dismemberment and by that elevation of essenceless abstractions and individual items to absoluteness.

An empiricism would assert itself against such theory and philosophy with the greatest right, and would regard the multitude of principles, purposes, laws, duties, rights not as something absolute, but as distinctions that are important for the culture through which its own intuition becomes clearer to it, if it were and remained pure itself. But when empiricism appears to enter the struggle with theory, it usually turns out that the one as well as the other is an intuition already contaminated and sublated beforehand by reflection, and a perverted reason, and that what passes itself off as empiricism is only the weaker in abstraction, and is that which, with less self-activity,

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

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    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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