On the Scientific Ways of Treating Natural Right

is unconditionally fixed and posited as something absolute, existing in itself, inwardness—the rebuilding of the lost good faith, the being-one of universal and individual freedom, and ethical life—is made impossible.

In the system of such an externality—and here we refer to the Fichtean system as the most consistent presentation, the one least formal, but which actually attempts a consistent system that would not need an ethical life and religion foreign to it—it is the case, as in everything that proceeds from one conditioned term to another, that either no unconditioned can be exhibited at all, or, if such a thing is posited, it is the formal indifference which has the conditioned, differing terms outside itself: essence without form, power without wisdom, quantity without inner quality or infinity, rest without motion.

The supreme task, in the arrangement operating with mechanical necessity whereby the efficacy of each individual is to be compelled by the general will, is how this general will can be necessarily real in the subjects who are its organs and administrators—a task that presupposes the opposition of the individual will to the general will; the being-one with the general will can thus not be grasped and posited as an inner, absolute majesty, but only as something that is to be brought about through an external relation, or coercion. But here, in reality, in the progression of compelling and supervising that is to be posited, one cannot proceed in an infinite series and leap from the real to the ideal; there must be a supreme positive point from which the compelling, in accordance with the concept of universal freedom, begins; but this point, like every other point, must itself be compelled to compel in accordance with the concept of universal freedom in this way; a point that was not compelled within this general system of coercion would step outside the principle, and would be transcendent. The question, then, is how this highest will likewise, through coercion and supervision, is to be made conformable to the concept of the general will, so that the system remains wholly immanent and transcendental. This could happen in no other way than that the power of the whole be distributed between the two sides that stand opposed to one another, so that the governed are compelled by the government, and the government by the governed. If the power, and hence the possible coercion, is posited as of unequal strength on the two sides, then, to the extent that the one part has more force than the other—by the excess of the one over the other—only one part is compelled, and not the opposing one, which is not what is supposed to be the case. But properly speaking, it is only the overpowering side that has power at all, for in order for something to be a limit to another, it must be equal to it; the weaker side is therefore no limit for the other; both, then, must be compelled reciprocally with equal force

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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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