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On the Scientific Ways of Treating Natural Right

[p. 441]

|441| now the determinacy of the moral improvement of the criminal, now of the damage done, now of the representation of the punishment in others, now of the criminal’s own representation of it preceding the crime, now of the necessity that this representation be made real, the threat carried out, etc., seized upon, and such an individual item made the purpose and essence of the whole; whereupon it naturally follows that, because such a determinacy is not in necessary connection with the remaining determinacies, which are to be further hunted up and distinguished, a tormenting over it arises, in order to find the necessary relation and dominion of the one over the others, which comes to no end, and that, because the inner necessity, which is not in individuality, is lacking, each can very well vindicate its independence from the other. – Such qualities, seized upon out of the plurality of relations into which the organic is splintered by empirical or imperfectly reflected intuition, and posited in the form of the unity of the concept, are what that knowing calls the essence and the purposes and, in that their form of the concept is expressed as the absolute being of the determinacy which constitutes the content of the concept, are set up as fundamental principles, laws, duties, etc., – of which transformation of the absoluteness of the pure form, which however is the negative absoluteness or pure identity, the pure concept, infinity, into the absoluteness of the content and of the determinacy which is taken up into the form, more will be said in connection with the principle of the critical philosophy, which undertakes that transformation with reflection upon it and as absolute reason and duty, whereas in empirical knowing, of which we are speaking here, it happens unconsciously.

This formal unity, into which the determinacy is posited by thinking, is at the same time what gives the semblance of the necessity which science seeks; for the

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One response to “On the Scientific Ways of Treating Natural Right”

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    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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