On the Scientific Ways of Treating Natural Right

Absolute ethical life, however, is, according to what has gone before, so essentially the ethical life of all that one cannot say of it that it is merely mirrored, as such, in the individual; for it is as much his essence as the Aether that permeates nature is the inseparable essence of the shapes of nature, and as space, the ideality of nature’s appearing forms, does not simply particularize itself into a nothing in any one of them; but just as the lines and edges of the crystal, in which it expresses the outer form of its nature, are negations, so ethical life, insofar as it expresses itself in the individual as such, is a negative. It cannot, in the first place, express itself in the individual unless it is his soul, and it is his soul only insofar as it is a universal and the pure spirit of a people; the positive is, by nature, prior to the negative; or, as Aristotle says, the people is by nature prior to the individual; for since the individual, taken separately, is nothing self-subsistent, he must, like all the parts, be in one unity with the whole; but whoever cannot be in community, or needs nothing from self-subsistence, is no part of the people, and is therefore either animal or god. Accordingly, insofar as ethical life expresses itself in the individual as such, it is posited under the form of negation, that is, it is the possibility of the universal spirit; and the ethical properties that belong to the individual, such as courage, or moderation, or thrift, or generosity, and so on, are negative ethical life, meaning namely that in the particularity of the individual no singularity is in truth fixed, and no real abstraction is made; and they are possibilities or capacities for being within universal ethical life. These virtues, which are in themselves possibilities and are of a negative significance, are the object of morals, and one sees that the relation of natural right and morals has thereby been inverted; namely that to morals belongs only the domain of the in-itself negative, while to natural right belongs the truly positive, as its name indicates, in that it is to construe how ethical nature attains its true right; whereas, by contrast, if the negative, as well as this negative taken as the abstraction of externality, of the formal moral law, of pure will and of the will of the individual, and then the syntheses of these abstractions, such as coercion, the restriction of the freedom of the individual through the concept of universal freedom, and so on, were to express the determination of natural right, it would be a natural wrong, since, upon the laying of such negations as its foundation, taken as realities, ethical nature is cast into the highest ruin and misfortune.

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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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