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On the Scientific Ways of Treating Natural Right

[p. 493]

|493| concerning competence and appointments of judges, and where a collecting or imposing of duties in markets and harbours is necessary, – about which it is not worthy to prescribe to beautiful and good men, for they will easily find of themselves the many things that must be laid down about them, if God gives them the blessing of a truly ethical constitution. But where this is not the case, it follows that they spend their lives in laying down and improving much of the kind, supposing that they will at last get possession of the best, – that they live like the sick, who out of intemperance will not depart from their bad diet and accomplish by the remedies nothing but the engendering of more manifold and greater diseases, while they always hope, if someone recommends them a remedy, to become healthy by it. Just as ridiculous are those who give laws about the matters mentioned and always improve them, in the opinion of reaching an end of the matter, – not knowing that they are in fact, as it were, cutting up the Hydra.”9) – “If it is now true that with increasing licentiousness and sickness in the people the many courts of law open, and no greater sign of a bad and shameful discipline can be found than that excellent physicians and judges are needed not only by the bad and by the artisans, but also by those who boast of having been brought up in a free culture, and are compelled to have a justice imposed by others as masters and judges, and to spend much time in courts with accusing and defending”10), – if this system must at the same time develop as a universal condition, and destroy free ethical life, where the latter is mixed with those relations and not originally separated from them and their consequences, then it is necessary that this system be taken up with consciousness,

9) Editors: Politeia IV, Steph. 425 f.

10) Editors: Politeia III, Steph. 404 f.

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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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