grundlinien.de

On the Scientific Ways of Treating Natural Right

[p. 494]

|494| recognised in its right, excluded from the noble estate and an estate of its own granted to it as its realm, in which it can establish itself and develop its full activity in its confusion and in the sublation of one confusion by another. The potency of this estate is accordingly determined in such a way that it is found in possession in general and in the justice that is possible herein concerning possession, that it at the same time constitutes a coherent system, and [that] immediately through the relation of possession being taken up into formal unity, each individual, since he is in itself capable of a possession, conducts himself towards all as a universal or as citizen, in the sense of bourgeois, finds for the political nullity, according to which the members of this estate are private persons, the compensation in the fruits of peace and of acquisition and in the perfect security of the enjoyment of them, both insofar as it is directed to the individual and to the whole of it. But the security for each individual is directed to the whole insofar as he is relieved of bravery and released from the necessity, belonging to the first estate, of exposing himself to the danger of a violent death, which danger for the individual is the absolute insecurity of all enjoyment and possession and right. Through this sublated mixing of the principles and the constituted and conscious separation of them each receives its right, and there is brought about alone that which ought to be, the reality of ethical life as absolute indifference and at the same time of the very same as the real relation in subsisting antithesis, so that the latter is subdued by the former and this subduing is itself made indifferent and reconciled, which reconciliation consists precisely in the cognition of necessity and in the right which ethical life gives to its inorganic nature and to the subterranean powers, in that it leaves and sacrifices to them a part of itself; for the power of sacrifice consists in the intuiting and

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