On the Scientific Ways of Treating Natural Right

For although in the living shape or the organic totality of ethical life that which constitutes its real side is in the finite, and therefore cannot, in and for itself, take up its bodily essence perfectly into its divinity, it nevertheless already expresses, in itself, its absolute Idea, though distorted; it does not indeed unite within itself, into absolute infinity, the moments of that Idea which are held apart as necessity, but has this unity only as an imitated negative independence, namely as the freedom of the individual; but this real essence is nonetheless absolutely bound to the absolute, indifferent nature and shape of ethical life; even if it must behold that nature only as something alien, it does behold it, and is, in spirit, one with it. It is, even for it, absolutely the first thing that the wholly pure and indifferent shape and the absolute ethical consciousness be, and the second, indifferent matter, that it, as the real, relate to that shape only as its empirical consciousness; just as it is the first thing that an absolute work of art be, and only the second whether this particular individual is its author, or merely beholds and enjoys it. As necessary as that existence of the absolute is, so necessary too is this distribution: that one part be the living spirit, the absolute consciousness and the absolute indifference of the ideal and the real of ethical life itself, and the other its bodily and mortal soul and its empirical consciousness, which may not perfectly unite its absolute form and its inner essence, but nonetheless enjoys the absolute intuition of it as of something as it were alien to it, and, for the real consciousness, is one with it through fear and trust as well as through obedience, but for the ideal consciousness, in religion, in the common god and the service of that god, unites itself wholly with it.

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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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