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On the Scientific Ways of Treating Natural Right

[p. 490]

|490| itself. To which the third estate must be reckoned, which in the rawness of its uncultivating labour has to do only with the earth as element and whose labour has the whole of need before it in the immediate object without intermediate terms, and is therefore itself a solid totality and indifference like an element, and accordingly maintains itself outside the difference of the understanding of the second estate, and its bodies and its spirit in the possibility of formal absolute ethical life, of bravery and of a violent death, and is therefore able to augment the first estate in mass and in elemental being. – These two estates relieve the first of the relation in which reality is fixed, partly in its resting, partly in its active reference, as possession and property and as labour, in the way in which, in a manner restricted for the time being to this, among the modern peoples the acquiring class gradually [has] ceased to render military service, and bravery has formed itself, more purified, into a particular estate, which is relieved of acquiring by the former and to which possession and property are at least something contingent. The constitution of that second estate, according to its matter, Plato determines in such a way that the royal art subdues and casts out, through death and banishment and the ultimate disgrace, those who are unable to partake of brave and disciplined custom (and of whatever else otherwise drives to virtue), but only of what pushes through its evil violent nature towards godlessness and arrogance and injustice, whereas the royal art subjugates to the servile race the natures that lie in rawness and lowliness6), and Aristotle recognises as belonging to it that which by its nature is not its own but another’s, which stands to a spirit as a body does7).

6) Editors: Politikos, Steph. 308 f.

7) Editors: Politik I, c. 4; c. 5

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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)

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