On the Scientific Ways of Treating Natural Right

with this more scientific kind here under discussion.

After this formal totality, we must consider how the absolute unity appears in the reflection of empirical knowledge — both as simple unity, which we may call the original unity, and as totality; both unities, which in the Absolute are one, and whose identity is the Absolute, must appear in that knowledge as separated and as something different.

As regards, in the first place, that original unity, empiricism cannot be concerned with it as the essence of necessity, which for appearance is an external bond of the manifold; for in the unity that is essential, the manifold is immediately annihilated and is nothing; because manifold being is the principle of empiricism, it is denied to it to press through to the absolute nothing of its qualities, which for it are absolute, and, moreover, through the concept according to which they are simply many, are infinitely many; that original unity can therefore only mean a — as far as possible — simple and small quantity of qualities, with which it believes itself able to suffice for the cognition of the rest. This ideal, in which what more or less counts as arbitrary and contingent is blotted out, and the least necessary quantity of the manifold is posited, is, for empiricism, in the physical realm as much as in the ethical, the chaos, which in the latter realm is presented now more under the image of being, through fantasy, as the state of nature, now more under the form of possibility and abstraction, presented — as an enumeration, through empirical psychology, of the faculties found in man — as the nature and destiny of man; and in this way what is, on the one hand, asserted as simply necessary, in itself, absolute, is at the same time, on the other hand, acknowledged as something not real, merely imagined, and a thing of thought — there as a fiction, here as a mere possibility — which is the harshest contradiction.

For the common understanding, which abides in the murky mixture of what is in itself and what is transient, nothing is more intelligible than that it should be able to find what is in itself in the following way: that if it separates out from the mixed image of the condition of right everything arbitrary and contingent, then through this abstraction what is absolutely necessary must immediately remain over; if one thinks away everything that a dim intimation can count as belonging to the particular and transient — such as particular customs, history, culture, and also what belongs to the state — then man remains, under the image of the bare state of nature, or the abstraction thereof, together with his essential possibilities, and one need only look in order to find what is necessary; — accordingly, whatever is recognized as standing in relation to the state must therefore also be sepa-

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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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