On the Scientific Ways of Treating Natural Right

geometry, abstract, but is simply — since it lies within living relationships — always confronted with whole clusters of such determinacies, is likewise driven simply to endless contradictions. This contradiction among determinacies is indeed remedied and brought to an end, in a given case of intuition, by fixing and holding fast to individual determinacies, whereby a decision can result — which is still always better than that none should result; for, since there is nothing absolute in the matter itself, it is properly the formal fact that a decision and determination is made at all which is essential, while it is something quite different that a decision be reached in this way in accordance with true, total justice and ethical life — which is impossible precisely through the fixing and absolute holding-fast to determinacies, and is possible only in their confusion, and is actual only through immediate ethical intuition, which subjugates the determinacies posited as absolute, and holds fast only to the whole. — It is, says Plato, in his simple language, concerning the two sides of the endless determining of the infinite reception of qualities into the concept, and of the contradiction of their singularity against intuition and, at the same time, among themselves — it is clear, he says, that the legislative art belongs to the kingly art; but the best thing is not that the laws should hold sway, but rather the man who is wise and kingly, because law is not capable of prescribing perfectly, with the utmost precision and full universality, what would be most excellent and most just; because the inequalities among human beings and among actions, and the never-resting character of human affairs, permit nothing self-identical to be exhibited, regarding any matter, over all its sides and for all time, in any art. Law, however, we see directing itself precisely toward one and the same thing, like a stubborn and crude person who allows nothing to happen against his ordinance, nor allows anyone to question him about it, even when something else, something better, presents itself contrary to the relation he has fixed; — it is thus impossible that what is never self-identical should be well served by what is thoroughly self-identical. — That one clings to the thought that in this sphere of human affairs there is possible an in-itself and absolute, determinate right and duty stems from the formal indifference, or the negatively absolute, which alone has room within the fixed reality of this sphere, and which indeed is in itself; but insofar as it is in itself, it is empty, or there is nothing absolute in it except precisely the pure abstraction, the wholly contentless thought of unity. It is by no means, say, a conclusion drawn from experience thus far, nor is it to be regarded as a contingent imperfection of the concrete and of the execution of an a priori true Idea; rather it is to be recognized that what is here called Idea, and a hope for a better future in this regard, is null in itself, and that a perfect legislation, just as a

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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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