On the Scientific Ways of Treating Natural Right

In the first place, then, the positive sciences comprehend, under the actuality to which they profess to relate, not only what is historical, but also concepts, fundamental principles, relations, and in general much that belongs in itself to reason and is supposed to express an inner truth and necessity. To appeal to actuality and experience regarding such matters, and to maintain it as something positive over against philosophy, must in and for itself be recognized as inadmissible. What philosophy demonstrates to be not real cannot possibly truly occur in experience; and if the positive science appeals to actuality and experience, philosophy can likewise express its demonstration of the non-reality of a concept asserted by the positive science in terms of that same empirical relation, and deny that what the positive science claims to find in experience and actuality is in fact found there. Philosophy will readily grant the opinion that such a thing is experienced as a contingent, subjective view; but the positive science, when it professes to find and exhibit its representations and fundamental concepts in experience, thereby means to assert something real, necessary, and objective, not a subjective view. Whether something is a subjective view or an objective representation, an opinion or a truth, only philosophy can decide. It can turn the positive science’s own manner of proceeding against it ad hominem, and, besides denying to it the fact that a representation of its own occurs in experience, can conversely maintain that only philosophy’s representation is to be found in experience. The ground on which philosophy is able to exhibit its representation in experience lies immediately in the ambiguous nature of what is called experience. For what counts as experience is not immediate intuition itself, but that same intuition raised into the intellectual, thought and explained, taken out of its singularity and pronounced as necessity. Hence, in what is exhibited in experience and as experience, what matters is not that in it which we could call actuality in relation to the separation that thinking introduces into intuition. But once intuition has been drawn into the field of thought, opinion must give way to the truth of philosophy. That distinction, then, between what the positive science supposes itself to have taken immediately from intuition — but which it has itself determined as a relation and concept of that intuition — and what does not belong to thought at all, is in every case very easy to exhibit, and thus to demonstrate philosophy’s complete entitlement to take possession of it. Now, because a thinking of this kind, which appeals to actuality, tends in its opinion to be truly positive precisely by being caught in opposition and holding fast to determinacies — thus taking figments of thought or products of imagination as absolute, and deriving its fundamental principles from them — it is exposed to having the opposite determinacy demonstrated against it at every determinacy, and to having, from what it assumes, rather the very opposite derived. Just as, when an increased density or specific weight

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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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