On the Scientific Ways of Treating Natural Right

If tragedy consists in this: that ethical nature separates its inorganic [nature] from itself as a fate, and sets it over against itself, so that it may not become entangled with it, and is reconciled, through the acknowledgment of this [fate] in the struggle, with the divine essence as the unity of both – then, by contrast, to carry this image further, comedy in general will fall on the side of fatelessness: either in that it falls within absolute vitality, and thus presents only shadow-images of oppositions, or jests of struggles with a manufactured fate and a fictitious enemy; or [in that it] falls within non-vitality, and thus presents only shadow-images of self-subsistence and of absoluteness; the former [being] the ancient or divine comedy, the latter the modern comedy. Divine comedy is without fate and without genuine struggle, because in it the absolute confidence and certainty of the reality of the Absolute is without opposition, and whatever, as opposition, brings a movement into this perfect security and repose is only an unserious opposition, having no inner truth; this opposition now presents itself either against a divinity that appears foreign and external, yet stands there in absolute certainty, as the remnant or dream of a consciousness of isolated self-subsistence – also as a consciousness of particularity that is indeed fixed and held onto, but is itself in complete impotence and powerlessness; – or else the opposition presents itself within a divinity that is itself self-felt and self-conscious, which with consciousness generates for itself oppositions and games, in which, with absolute levity, it stakes individual members of itself on the winning of a determinate prize, and lets its manifold sides and moments bring themselves forth into complete individuality and form themselves into organizations of their own; just as, in general, it can also, as a whole, take its movements not as movements against a fate but as contingencies – certain of its own invincibility, counting loss as nothing, certain of its absolute mastery over every particularity and excess, and conscious of what Plato says in another connection, that a polis has a nature admirably strong. Such an ethical organization will, for example, without danger or anxiety or envy, drive individual members out to extremes of talent in every art and science and skill, and thereby make them into something special; secure in itself that such divine monstrosities do not harm the beauty of its figure but are comic features that lend a moment’s cheer to its shape; as such cheerful heightenings of individual features we may, to name one particular people, regard Homer, Pindar, Aeschylus, Sophocles, Plato, Aristophanes, and so on; but we must also fail to mistake – both in the earnest reaction against the ever more serious particularization of Socrates, and fully in the remorse over it, as well as in the swarming multitude and high energy of the individualizations sprouting up at the same time – that this stepping-forth of inner vitality into its extremes announced, in the ripeness of these seed-grains, their strength, but also the nearness of the death of this body that bore them; and that the oppositions which it thereby called forth in general, and which it had previously, even in their more serious and far-reaching appearance – such as wars – been able to stir up and carry on as contingencies and with equal levity, could no longer be taken for shadow-images, but had to be taken for an overpowering fate.

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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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