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On the Scientific Ways of Treating Natural Right

[p. 496]

|496| as the Areopagus of Athens casts equal votes into the urn of both powers, acknowledges the coexistence of both, but thus does not settle the dispute and determines no reference and relation of them, yet in a divine manner as the Athena of Athens gives him who was entangled in difference by the god himself wholly back to the latter, and with the separation of the powers, which both had a share in the criminal, also carries out the reconciliation in such a way that the Eumenides would be honoured by this people as divine powers and now have their seat in the city, so that their wild nature would enjoy the intuition of Athena, enthroned high on the citadel opposite their altar erected below in the city, and would thereby be calmed.

If the tragedy consists in this, that the ethical nature, lest it entangle itself with it, separates its inorganic from itself as a fate and sets it over against itself and, through the recognition of it in the struggle, is reconciled with the divine essence as the unity of both, then, to carry out this image, comedy will on the contrary in general fall on the side of fatelessness; either in that it [falls] within absolute vitality and therefore [presents] only shadow-images of antitheses or jests of struggles with a made-up fate and invented enemy – or falls within non-vitality and therefore presents only shadow-images of independence and of absoluteness: the former the old or divine comedy, the latter the modern comedy. The divine comedy is without fate and without true struggle, because in it there is the absolute confidence and certainty of the reality of the absolute without antithesis and, what as antithesis brings a movement into this perfect security and repose, is only an unserious antithesis having no inner truth, – let this antithesis now present itself against the divinity appearing foreign and outside, yet standing there in absolute certainty, as the remnant or dream of a consciousness of isolated independence, also

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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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