On the Scientific Ways of Treating Natural Right

of the polyp and of the nightingale and of the lion is a power of a whole, and within this context it is honored. Above the individual stages hovers the Idea of totality, which, however, is reflected back out of its whole scattered-abroad image, and beholds and recognizes itself therein; and this totality of the extended image is the justification of the individual as something subsisting. It is therefore the formal standpoint that brings to an individuality the form of particularity, and sublates the vitality in which particularity is real; but the empirical standpoint, which, where the reality of a determinate stage is posited, demands a higher one – that higher stage, too, in its developed reality, and empirically, is present just as much; the higher development of the life of the plant is in the polyp, the higher development of the polyp in the insect, and so on. It is only empirical unreason that wishes to see in the polyp the empirical presentation of the higher stage of the insect; the polyp, were it not a polyp, would remain nothing but this determinate dead piece of matter standing to me in an empirical relation, which is dead and matter precisely by my positing it as an empty possibility of being something else – an emptiness which is death; if it is taken absolutely without an empirical relation for the sake of the higher presentation, then that is to be found, for it must be present according to absolute necessity. – Thus, for example, the feudal constitution may well appear as something wholly positive; but in the first place, from the side of necessity, it is not an absolute singular, but simply within the totality of necessity; inwardly, however, as against life itself, whether it is positive depends on whether the people has truly organized itself as an individuality within it, whether it fills out the shape of that system completely and pervades it livingly, whether the law of these relations is custom. If, then, the genius of a nation stands generally lower and is a weaker one, and the weakness of ethical life is at its harshest in barbarism and in formal culture, if they have had to let themselves be conquered by another, have had to lose their independence, and have thus preferred the misfortune and disgrace of the loss of self-sufficiency to struggle and death; if they have sunk so crudely into the reality of animal life that they do not even rise to the formal ideality, to the abstraction of a universal, and thus, in the determination of relations for physical need, can endure not the relation of right but only that of personality – or likewise, if the reality of the universal and of right has lost all faith and all truth, and they are no longer able to feel and enjoy the image of divinity within themselves, but must set it outside themselves, and must make do for it with a dull feeling, or with the wholly painful feeling of its distant remoteness and sublimity – then the feudal constitution and bondage have absolute truth, and this relation is the sole possible form of ethical life, and hence the necessary and just and ethical one.

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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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