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On the Scientific Ways of Treating Natural Right

[p. 512]

|512| itself, but the same raised into the intellectual, thought and explained, taken from its individuality and pronounced as necessity, that counts as experience. Thus, in what is pointed out in experience and as experience, what matters is not that in it which we can call actuality in relation to the separation brought into intuition by thinking. But with intuition drawn into the field of thought, opining must succumb to the truth of philosophy. That distinction, now, of what positive science believes it has taken immediately from intuition, whereby, however, it has itself determined it as by a relation and concept of it, from that which does not belong to thinking, is in every case very easy to point out, and hence the complete entitlement of philosophy to take possession of it is easy to demonstrate. Then, because such a thinking, appealing to actuality, is wont to be truly positive in its opining by being in opposition and holding determinacies fast, thus taking thought-things or things of the imagination for absolute and taking its principles from these, it is exposed to this, that in every determinacy the opposite determinacy is always proved to it and from what it assumes the very contrary is rather derived. As when increased density or specific gravity of a body is explained as an increase of the attractive force, it can just as well be explained as an increase of the repulsive force, for there can be attraction only so far as there is repulsion; the one has meaning only in relation to the other; by as much as the one were greater than the other, by so much it would not be at all, and what should therefore be regarded as an increase of the one can just as exactly be regarded as an increase of the opposite.

So, then, if in natural right generally or in the theory of punishment in particular a relation is determined

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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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