On the Scientific Ways of Treating Natural Right

[p. 472]

|472| operating with mechanical necessity4), that the activity of each individual be coerced by the universal will, is how this universal will is necessarily real in the subjects who are its organs and administrators – a task whose presupposition is the opposition of the individual will to the universal will; oneness with the universal will can hence not [be] grasped and posited as an inner absolute majesty, but as something that is to be brought about through an external relation or coercion. Here, however, in reality, in the progression of coercing and supervising that is to be posited, one cannot proceed into infinite series and leap from the real to the ideal; there must be a highest positive point from which the coercing according to the concept of universal freedom begins. But this point, like all other points, must be coerced into coercing thus according to the concept of universal freedom; a point that was not coerced in this universal system of coercion would step out of the principle and would be transcendent. The question is thus now how this highest will is likewise, through coercion and supervision, to become adequate to the concept of the universal will, and so the system remain wholly immanent and transcendental. This could happen in no other way than by the might of the whole being distributed to the two sides that stand opposite one another, so that the governed are coerced by the government and the government by the governed. If the might, and hence the possible coercion, is posited on both sides in unequal strength, then, by as much as the one part has more power than the other, or by the surplus of both, only the one part and not the opposed one is coerced, which is not supposed to be. But strictly the overmighty alone is the mighty, for, for something to be a limit for the other, it must be equal to it; the weaker is therefore no limit

4) Editors: Naturrecht, T. I, S. 169 ff.; SW, Bd. III, S. 142 ff.

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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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