On the Scientific Ways of Treating Natural Right

of, but only of that which, through its evil, violent nature, impels toward godlessness, insolence, and injustice – subduing and casting such natures out through death, banishment, and the utmost disgrace; whereas the kingly art subjugates those natures that lie in crudeness and baseness to the servile race; and Aristotle recognizes as belonging to this class whatever, by its nature, is not its own but another’s – that which relates to a spirit as a body does.

But the relation of this [element] – which by its own nature belongs to another, and does not have its spirit within itself – to the absolutely self-subsistent individuality, is capable, according to its form, of being twofold: namely, either a relation of the individuals of this estate, as particulars, to the individuals of the first, as particulars; or [a relation] of universal to universal. That relation of slavery has, in the empirical appearance of the universality of the Roman empire, vanished of itself, in the loss of absolute ethical life; and with the debasement of the noble estate, the two previously particular estates became equal to one another, and with the cessation of freedom, slavery necessarily ceased as well. Inasmuch as the principle of formal unity and equality had to make itself prevail, it sublated, in general, the inner true difference of the estates, and, in the first place, brought about neither the separation of estates posited above, still less the form of their separation conditioned by it – according to which, under the form of universality, they stand only as whole estate to whole estate, in a relation of domination and dependence, such that even in this relation the two terms standing in the relation remain universal; whereas, by contrast, in the relation of slavery it is the form of particularity that is determining for it, and it is not estate against estate, but rather this unity of each part is dissolved in the real relation, so that individuals are dependent upon individuals. The principle of universality and equality first had to take possession of the whole in such a way that it put a mingling of the two estates in the place of a separation; in this mingling, under the law of formal unity, the first estate is in truth wholly sublated, and the second made into the sole people; the image of which change Gibbon expresses in these terms: the long peace and uniform dominion of the Romans introduced a slow and secret poison into the vital powers of the empire. The dispositions of men were gradually brought to one level, the fire of genius extinguished, and even the military spirit evaporated. Personal courage remained, but they no longer possessed this public courage, which is nourished by the love of independence, the sense of national honor, the presence of danger, and the habit of command

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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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