On the Scientific Ways of Treating Natural Right

[p. 485]

|485| it is decided and determined, that is the essential. But it is something wholly other that decision be made in this way according to true total justice and ethical life, which is impossible precisely through the fixing and absolute holding fast to the determinacies, possible only in the confusion of them, and actual through immediate ethical intuition, which subjugates the determinacies posited as absolute and alone holds fast the whole. – It is – says Plato, in his simple language, about the two sides of the endless determining, of the infinite taking-up of the qualities into the concept, and of the contradiction of their individuality against intuition and, in this, among themselves – it is clear that the art of legislation belongs to the kingly art; but the best is not that the laws hold, but the man who is wise and kingly, because the law is not able to prescribe perfectly that which, most exactly and quite universally, would be the most excellent and the most just; because the inequalities of human beings and of actions and the never-keeping-at-rest of human affairs permit nothing self-identical to be presented in regard to any matter, over all sides of it and for all time, in any art. But the law we see directing itself precisely to one and the same thing, like an obstinate and crude man who lets nothing happen contrary to his ordinance, nor lets himself be questioned about it by anyone, when something other, something better, occurs to someone against the relation which he has fixed; – it is therefore impossible that for what is never self-identical what is throughout self-identical should be good.5)

5) Editors: Politikos, Steph. 294

That the thought is held fast to, that in this sphere of human affairs an in-itself-being and absolute determinate right and duty is possible, comes from the formal indifference, or the negatively absolute, which alone has a place in the fixed reality of this sphere and which

Pages: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97

DE

Comments

One response to “On the Scientific Ways of Treating Natural Right”

  1. Cross-reference Avatar
    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)

Leave a Reply