SigPhi · Georg Wilhelm Friedrich Hegel

Philosophy of Right (Grundlinien der Philosophie des Rechts)

Page 17 of 25

25-1 The corjioiation sets a limit to the so-called natuial light to make acquisitions liy llie e.xeicise of any’ skill, oulv so fai as the limit is a lational one Tins light is thus fieed fioiii iiieie ojiiniou and landoni influeuccs, and fioiii danger to itself and others In this way it wins lecognition and an assured place, and is exalted to the level of a conscious effort to attain a common pnipose 255 As the family was the first, so the corporation, giounded uiion the civic community', constitutes the second ethical loot oi basis of the state The family contains the elements of sub-|ec1ivc particulaiity and objective univer- sality in substantive unity. Then, in the civic community, 'IIIIJ rillLO'JOPIIY or IIIGIIT these elements are in the fit at instanLO dissotiated.inj. become on the one side a |»aitKu].iiitv of ■n’,iiit and satis- faction, trhiLli IS tinned hack into itself, and on the other side abstiiict legal nmveisalitv The coijioiation uniis these two in an luteinal way, so that iiiuticuhii icell-heing es-ists and is le.ilizod as a light Note — Saiiditi in the maiiiaue lie and hononi in the corpoiatiou aie the points which the disoiitani/ing loices of the civic communitj' assail Addition — In modoiii times tlie toipoiatiou has lieeii sujieiseded, with the intention that the iiidiMdual should care foi himselt Giant that the intimtioii is wise, }et the obligation of the iiidnidiialto pioc me his own livelihood is not by the toipoiatiou altcned In oiii modem stales the citizens jiai titij'ate only slnjhtlv ui the gciiei.il business It IS howevei, needful to pioiide the ethical man with a umveisal activity, one above his pm ate ends This uni- leisal, with which the modem slate does not alwa_\ s snpjily him, 18 given bv the coipoiation We have alieadv seen that the ludivuliial, while mainlainnig himself in the civic community, acts also toi otlicns IJiit this line onstions necessity is not enough It is in tlie toipoiatiou that a conscious and leflective (‘tliical leahtv is hi st leathed The superintendence of the state is liighei, it is tiiie, and must be given an uppoi place, otheiwise the coijioiation would become fossilized, it would waste itself upon itself, and be reduced to the lev el of a w letclied club But the cor- poiation is not in its absolute iiatuie a societ society, but rather the socializing of a trade, which without it would stand ill isolation. It takes the tiade up into a circle, in vvliifh it secures stiength and honour 256 The limited and finite end of the corjioration has its tintli in the absolutely umveisal end and the absolute actuality of this end This actualized end is also the truth of the division involved in the external sv stem of police, which IS merely a lelative identity of the divided elements Ilti: CIVIC COMJIUMIY Tims, the splicie of the civic coinmimity passes into the state Note — City and coiiiitiy arc the two as } et ideal con- stituents, out of which the state proceeds The eitj is the seiit oi the civic society, and of the lefleition which goes into itself and causes sepaiation The country is the seat of the ethical, nliicli lests upon iiatuie The one comprises the individuals, who gam their hiclihood hy \utue of their 1 elation to othei jicisons possessed cd lights The other com puses the laiinlv The state is the tiue meaning and gioiiud ot hoth The development of siuijde ethical ohseiwaiice into the disinemhei ment maiKmg the cnic communitv, and then iorwaid into the stale, which is shown to he the tine foun- dation ol these moie abstiact phases, is the only scientific ]ir()ol ol the eomeiilioii ot the slate — Although in the louiso ot the s( leiilihc evposition the state has the appear- ance of a lesult, it IS lu leality the tiue foundation and cause This appeaiaiice and its jiiocess aic provisional, and must now he lejihiced hv the state m its direct existence 111 actual tact the state is iii geiieial jiiimaiy Within it the lamilv glows into the civic coinmuiiitv, the idea of the state being th.it winch suucleis itself into these tw'o elements In the deiclopment of the civic coiiiiiiunity the ethical sub- stance leaches its infinite foim, which contains the follow- ing elements — (1) infinite difteientiatioii even to the jioint at w'liich consciousness as it is in itself exists for itself, aud (2) the foiiii of uiiivcusalitj, which in civilization is the form of thought, that form by which spirit is itself in its laws and institutions They are its thought will, and it and they together become objective and real in an organic whole THE PHILOSOPHY OF RIGIIl.

THIED SECTIOIT The State 257 Tlie state is tlie realized ethical idea or ethical spiiit It IS the will which maiufests itself, makes itself deal aud ^ isiblo, substantiates itself It is the will which thinks and knows itself, and caiiies out what it kuon s, and in so far as it knows The state finds m ethical custom its direct and unieflected existence, and its indiiect and re- flected existence in the self-consciousness of the individu.il and in his knowledge aud activiti- Solf-consciousncss in thefoiiu of social disposition has ils substantiie ticcdom in the state, as the essence, pin pose, aud piodiict of its activity Note — Tlie Penates ai<‘ the luiiei and lowei oidei of gods, llie siJiiit of a nation, Athene, is the dniiiilv which knows and wills itself Pieli is feeling, oi ethical behaMoui in the foim of feeling, 2 'olilnaluitue is the willing of the thought-out end, which exists absoliileh 258 — The state, which is the leahzcd substautne will having its leality in the paiticulai self-consciousness laised to the 2 ilanc of the uuiveisal, is ahsolutely lational This substantiic unit} is its own motne and absolute end In this end fieedom attains its highest light This end has the highest light ovoi the indnidual, wdiOse highest duty in tuni IS to be a meniliei of the state Note — Were the state to be considered as exchangeable with the CIVIC society, and were its decisive features to be regarded as the secuiity and jirotection of property and personal freedom, the interesti of the individual as such would be the ultimate purpose of the social union It would then be at one’s option to he a member of the state — But the state has a totally diffeicnt relation to the individual It IB the objective spirit, and he has his truth, real existence.

■iiii: siAiv and ctliKiil status only in Ijcini; a member of it TJuion, as such, IS itsL'lt the tine content and end, since the inili- Tidiial IS iiileiided to pass a univeisal life His iiarticulai satislacl ions, activities, and way of life hai e in this authen- ticated substantive piinciple tlieii oiioiu and lesult Eationalitv, iiewed abstiactly, consists iii the thoiough unit}' of univeisality and mdnidnalitv Taken conereteh, and fioni the standjioint of the content, it is the unity of ob-|ective fieedoin nitli snbiectice freedom, of the geneial siibstantiio Mill ivitli the individual consciousness and the individual ivill seeking paiticuku ends Fioni the stand- point of the toiiii it consists in action detei mined 1 y thought-out 01 uniieisal laws and piimqdes — This idea IS till' absoliiteh eternal and necessaic being of spiiit — The idea ot tli.' state is not < one ei nod with the histoiical oiigiii ot eithei the state in geneial oi of any paiticiilai state with its special lights and cliaiacteis Hence, it is inclitteient whethei the state aiose out of the patriarchal condition, out of feai oi confidence, oi out of the coriioia- tiou It does not caie whethei the basis of state lights is declaied to be lu the divine, oi in iiositne light, or coii- tiait, or (iistoin When we aie dealing simplv with tlic scieiK e of the st<ite, these things aic ineie iippeaiaiices, and belong to liistoi i The causes oi giouiicls of the authoiity of an ai tiial state, in so fai as they aic reqiiiied at all, must be deiived fioiii the toims ot light, which have validiti in the state Philosophic imestigatiou deals witli only the inner side of all this, the thought conception To Housseau is to be asciibed the meiit of discovciing and presenting a pnn- ciple, which comes up to the standard of the thought, and IS indeed thinking itself, not only in its form, such as would be a social impulse oi divine authority, but in its very essence This pnncipile of Eonsseau is will But he conceives of the will only in the limited form of the indi- vidual Will, as did also Pichte afteiwaids, and regards the B llli: PHILOSOPHY OI UK. HI nni\ersal Yvill not as the.ihsoliitoh iCtisoiialile ^\l^, but only as the common will, piOLCodm<; out ol the indiMdual Mill as conscious Thus the union of indii iduals in a st.ite becoinos a contiact, ivliich is based u[ion tajnice ojniiion, and optional, explicit consent Out ot this mcm the uuder- standini' deduces coiiscf|uences, mIikIi des 1 io\ tlie.ibso- lutely duine, and its absolute.lulhoiitv and maiestv Hence, nlien these abstiactioiis attanir’d to poiiei, llieie was enacted the most t'Cimndous specl.icle mIikIi the human laco has e\ci Mitiies-ed All the us.ioi's and institutions of a gieat slate neie swept.i\\a\ It was then pioposcd to begin oiei again, staiting iioin the thought, and as the basis ot the state to mil oiil_\ uliat was pidged to be lational But as the uiideitaking was begun with abstiactious coid of all ideas, it ended in si cues ot tiagio cnielt} and hoiioi As against the piiuciiilo of the indi\idn.il mil we must bear in iniud the fundamental i onceiitioii that the oliiectivo will IS in itself lational in its leiv coineplion, whether oi not it be known by the mdiYidiial oi willed as an oliiect ot his good pleasure Wo must.ilso keep in mind that the opposite piiiiciple, the sub]ectiMty oL lieedoin, ic, such knowing and mlhiig as aic lel.uued m that jniniiplc, con- tains only one, and that a one-sided l.ii toi ot the idea of the reasonable will The mil is leasonablc oiih it it is so both 111 itself and w lieu it is actualized The other contiaiy ot the thought, which apiachends the state as an embodiment of icason, is the tlieoiy wlinh takes such external appearances as the accidents of disti ess, need, protection, strength, and wealth, foi the substance of the state, when they are meie elements of its histoiical develojiment Moreover, it is in unique and isolated indi- viduals that the principle of knowledge is heie said to be found, not howevei in then thought, but lu the attiibutes of their merely erapiiical peisoiialitics, such as stiength or weakness, wealth or poieity. The fieak of disiegaiding ■iiii: siA'u: ■iiii: siA'u: what IS ahsolutclv infinite and icasonahlc la the state and of banislimg thout,dit irom the t oustitutioii of the state’s iiiiiei iiatuie li.is novel apjxMied so uiidistfuisedly as iii Ml V liallei’s “ Kestaiiialioii del StaatsvMsseiisohalt ” In all gemiiiio atteiiiiits to leaoh the leal iiatuie of the state, lliough the pimtiplcs adduced he eici so one-sided and siipei facial, theio is implied that lightly to coneeive of the state is to attain to thoughts and universal chaiacteis Hut 111 the hook alliitled to, tlieaiithoi not only consciously I eiioiiiices both the lational content, vliicli is the state, and the foini ot thought, but passionatelv inveighs against tliem One ot m hat he hiinselt calls the fai-ieachnig effects of his ivoik IS due to the cnciiiiistantc that in his mciuiiy he knew how to lasten the nhole into one piece without the help ot thought Hence, lie sius, aie absent the con- tusion and distuibanee, which aiise -wlion into a discussion ot the contingent is loisted a suggestion about the substan- tive, and into a discussion of the empiiical and external is iiiiected a leiiiiiidei ot the imiieivil and lalional Hence, II hen engaged iiilh the inadequate aud impel tcct he is not continually lemmdiiig his leadeis of i\hat is highei and infanito — i\‘t 01 c'u this method oi incpiii i has consequences Since the loituitoiis is t.iken as the essence of the state, .iiid not the substantive, thoie looults tiom tbe absence of tliouglit an ineolicioncc, iihicli ]ogs on without looking back, iiiicl finds itself cpiite at home in the very opposite of iihat it had comineuded a moment befoie * ‘ Tins hook is of an original kind The ill-liiimour of the author iiiiglit in itself be not ignoble since be ii as stirred to indignation bv tbe false tbcoiics, to winch is attached especially the name of Kousseaii, and by tbe attempt to put them in operation But Mr v llallei, in oidci to saie himself, bos tbiown himself into a couiitci -position, nbicb is ii holly loid of thought, and cannot, therefore, he s,iid to liaie any standing-giomid He espiesses the hittciest h.iticd of all hen, legishition, and all fonnall^ and legally constitiitod iiglit H.itred of the Ian, and of legally constituted nght 13 the shibboleth, by means of which are revealed and may Tin: PHILOSOPHY or hk.iii Addition — The state as a completed ieali1\ is the ethical whole and the actualizaliou ot freedom It is the absolute puipose of leason that fieedom should be actualized The state is the spiiit, which abides iii the he infnllihK leco^iii/eil f.uiatK imii, nieiital iiiilieciliti aiul tlie liii)ociis\ ol good iiiteiitioii-', lei them di'giii-.e tlieiii-ebe-. llie\ will Suoli an oiigiii.dity as that of ^Ii i Il.illei s is alw.iis a note woithi iihrMOiiieiioii, ami foi those of m\ le.ideis who rio not let know the woik, T shall (piote a lew pa'S.iges in jiiootot ni\ con- tention Ml V 11 (|i 142 II, lol 1 ) thus cshiints Ins liind.i mental \n(H)Osition ‘ In the inomanio icalin the gie,itci oinnesscs the snialloi, and the niightt the techie, ~o is it also with,iniinals. and the same law in more hononiahiu foinis,,uid otien indeed in dishonouiahle 1 onus, a|ijieais again 111 man “II is the eloinal iiiichangeahle deeieo of (<od that the moic poweifni inlcs must rule, and w ill eiei lulo ’ I'lom thO'C si ntcnces,.iml fioin those guoii fuitlioi on, it mat he seen in what sense the wind ‘ pnwei IS lieio Used It not the i>onei of light and tlio elliu.il hnl the coutiugeiit foil 0 of iiatiue This he pioeecds to make good upon tills amongst othei gioniids (p hil and fol ), that lo an.iilinii.ihle and wise pioMsnm of natnie the feeling ot ones own snpeinnili iriesistlhli eiiuehcs the chaiaetei and lanmis the de\ elojnneiiL iil the ten iiitues wliiili aic most neiessaii in de.iling with snh- ordmates He.isks, w ith inni li ilietoiie, “ w helhei in the kingdiim of scieneo It Is the strung 111 the weik, who.tie the mine iiiLlmed touse autlioiitv andtiust inoidei to aid then low sellish ] mi poses and foi the inin of lonliding men, whcthei the niapniU ol the lawjersaie nol iiettifoggei'.mil jied.ints, who huli.i^ the ho])es ol conhding ilients, make white hl.uk and lihiek white, nso the l.iw as a leliicle of wiinig, Iniiig tho-e who seek then ]iii)ti‘i turn to beggary and like the linngii Millnie, te.u in joeies thiMiinnienl lanih, etc ” Mr i H has heic foigolten tli.at he is eniploving this rhetoiic in siippoit of Iiis seiitciiec that the lulc of the stioiigci i-s the eternal oidmance iif God, the iciy saiiie oidin.aiicc h\ Mitiie of \ihich the vulture teais to pieces the innocent l.inih He seems to s.ay that the stioiigei aie quite light iii using then knowledge of the l.iw to plundei the fochlc tnisting clients Hut it would lie .oaking too much of him to hung two thoughts into i elation when he has not one It IS self-eMilent that Mi i H is.an cncnii of statute-books Ci\d lawb lu geueial aieiu hia view “ unueee«iiaiy, euice tliei issue IIIL SIAII.

woilcl and tlieie lealizcs itself coiibuously, -while m nature it IS realized only as the othoi of itself oi the slee 2 Jing spiiit Onli when it is jii eseut in toiisciousness, knowing itself as an .IS sulf-e\i(lciiL fiom natiii.il law ’ States, snu-e states there are, would he s.ived the tiuulile duiutcd to laws, law books, and the studj- of le^Ml ii;;ht, it thei would simph lepose on the principle that e\ci>thiiif; is self-cMilent “ Itiit on the othei side the laws .lie not inopeilv spe.iking {•neii to piii.ite iieisons They ai-e iiistiuctioiis for the judges, who aie 1>\ them made acquainted with tlie will of the lulcis The.uhiiimsti.itioii of tlie law (vol i ji i'l7, lit 1 p Jo4, and elsewlieie) is not.i duty of the st.ite, but a don.itimi oi.issist.iiice b\ the stioiig,.iiid is meieh suiipleiiieii- t.ui Ot the me.uis lot the piotcitiouof lights the ciu]ilu\nient of l.iw Is not the most complete, hut is lalhei unccitain ami iiiscuiie It le.ues iis with only oiii niodein law-schol.ais, and Kills Us ol the thiee othci means, which le.id most quickly and (Cit.unh to the end, the mc<uis whuh fiiendli nature h.as giien ui.in till the scdinty ot bis iijjhtfiil tieedom ” These thiee.ire (wh.it do Mill think ') “(I) I’lii.ite ohcdieme and enforcement of the n.itni.il l.iw, (2) Itesist.ince to wiong, anil (.1) Flight, when theie is no olbei lemedi ’ Jlow unfiicmlK.ue the juiists in com- p.iiison w ilh liiendl^ n.ituie ' ‘ lint the n.itui.il dniiie l.iw (\ol i p 2'li), wbiih.ill-liouiitiful ii.ituic h.is giien to e\en one, is Honoui eien one.is tli> cqii.il ' (Acimding to the authoi s ]iim- I iple tills should ic.id Ilomiui him who is not tlij- equal, but the stiongci ) ‘ Wiong no m.iii w ho does not w long thee Dem.ind nothing hut wh.it he owes thee (lint w bat does be owe ') “Yes, and iiioie, loiethi neiglilioiii.ind use him when thou c.iiist ’ It is to be the pl.intiiig ot thisl.aw which is to make legisl.atioii,ind (oiistitiitioiis Useless It would he worth seeing how Mi v H m.ikcs It iutelligiblelli.it iiiespeitiie of this jilanting, legiskitioii . 111(1 (onstitiitioiis have come into the woild In col 111 p 302 fol, the.anthoi reaches the “so-called national libel ties," that is, the laws and constitutions of nations Kveiy legalh constituted light is in this larger use of the word a liberty Uf these I.iws he sajs this, amongst othei things, “ that their con- tent IS iisii.ilh ior\ iiisigiiilicant, although in books gieat stress is hud upon these documentaiy liheities “ AMieii we leali/e that the.iiithoi means the national hheities of the (leiinan Einpiie and of the Kiighsh n.itioii (the Chentu Mai/iia, "which, however, is little lead,.iiid, bci.iiise of its.intiquatcd e\]iiessioiis, less undei- stuud, and the Util uj llu/hta), and the national hbeities of the riir PHn,o'.opit\ ov inr.iii L‘Xistin<f object IS it the state In thinknie of fiw'doin ne must not take oui dqiaituie tiom mdiMtliuihti oi tlu' individual’s self-touscionsness, but iioin tlie essi'iii (> oi peojilc; Ilf Hllll"lU^ aixl other Iamb, vo aie 'nui]>ii‘>ci 1 to leaiii tli.it lie ie;;.irils tlie'.p ■•o hijiliU-iiibioil iios' 0 "i<iii' ai in-ii'mlii iiit •jre.it.a ‘-urpii-'C w it to hear that the I.im-, mIiu Ii.ne of iI.iiK.iml hoiiib eomein, ile.ibiiit vith e\en luoco ol eloth that i". \mmii.mil ner> ineee of hie.ul that i*. eaten, -.himlil h.i\e.i ^.^hle lm'leI^ iii books As fill the iienei.a! st.iliite-hook of I’liissi.i, to ipiote onl\ one thinp; iiioie, Mi i H has not one oooil Moirl to s.i\ foi it (\ol i p 1.S.5 fol ), hee.iiise upon it the nnphilo' 0 ]ihi(.il eiiois(iiot.is ie1 the Kniiti.aii philosophi,.it.iii\ i.ite 1 mii~t aihl.le.TiiisI ii hii h Mi A H iiiieiohs most hilteilv of.all) h.ue h.iil a li.iil elleet espeiMlh in the inatteis of the st.ite n.ifion.il ne.illh tlie eiitl of the si.Ui the hcnil ol the state, hw ihitios, the sin.mls ol the st.ite,.iinl Mioli tlimtts M’h.it iiKist aiiiiovs Ali i 11 is “the iiftht to lei i eontiilmtioiis n|ioii inii.ite possessions, ok iiii.itioiis, |iioilm lioii' ami eousuiii|itions, iii oidci to dcti.u tlie e^pepses ot the st.ui As stato-iie.iUh Is not the]iin.ile possession ot tin* )itnite hnl is qualilied as the weaKh of the st.ite. neilhei the kma himself tioi itni Vinssian eiti/eii h.is aintliinjj hi'OMii neiflii i hodi iioi "oods and.ill the suhjei (s liecome lojial hoiidmen 'I hei d.iie not iiilli- dran thcniselics fioiu the seiiiie ol the st.ite In.ill tills ineiodililc einditi tlieie is.a tmieli of (he ludii loiis ni the uiispcak.ihle ]ile,isnie nhieli Mr i II feels in his oiin reiel.i tions (lol 1,/)iifiiir) It Has ‘,\ )oa sui h.is mill.i fiieml ol truth eaii feel, iiheii he aftei.an hoiie~t miestisi.ition is.issmeil that he h.is lilt upon as it Mere (le- indeed,.Is if i"ii ') “the soice ot n.ituie or the Mind of t'.od (Tlie Mind of l.od is in Us revelation unite distinet from the nine ol ii.ilnie,iml of llie natural ni.aii ) ‘ And Mheii he iiiuiht h.iie sunk ihmii in sheei amazcincnt, n stream of joyous teais spimiir fioiii liis eses,iml fioin til, it moment 111 in" reliipoaitj arose Mithiii hill] ” jMi a H onolit r.ither, in his relioiosity, to have Mei>t ovei liis fate as the hardest chastisement of tJod It is the most severe punish men f vihieh ean he expeiienced to Mandei so far fioiii thoiioht and reason, from reierence for the laM and from the knoiiledoe of lion inhiiitely iiiijiortant and divine it is that tlie duties of the state .mil the lights of the citi/ens, ns.also the rights of the statu.and the duties of the eiti/ens, shontd he legalh determined, to vi.iiidei so far from this os to sulibtitute au ahsiuditj foi the vmid of (lod llli: SIAIL llli: SIAIL self-cousciousiiusb Let niiiii be awtiie of it or not, this esseiiLC leali/es itsult as an mdcpendeut jiowoi, m ■which partieiil.u poisons aic only phases The state is the inarch ot God 111 the 'woild, its <rioun<l oi cause is tlie powei ot leason loali/aiiff itself as i\ill When thinking of the idea of the state, tve must not hate in oui niiiid any particulai state, 01 paiticulai institution, but must latlier conteni- pl.ite the idea, this actii.il God, by itself Although a state mat be dedaied to yiolate iiglit piinciples and to be delectiie in vaiious i\a_\s, it always contains the essential moiiieiits ol its existence, it, that is to say, it belongs to the full foimed states of oui onn time But as it is moie easy tt> detect shoit-coniings than to giasp the positnc meaiiiug, one easily falls into the mistake of dwelling so mueh upon speiul aspects of the state as to ovei look its imiei 01 game being Tlie state is not a woik of art It IS 111 the ivoild, in the sphoie of cajnice, accident, and eiror Evil hehaxiour can doubtless disfiguie it in many wavs, but the ugliest man, the ciimmal, the invalid, the Clippie, aie living iiieii The positne thing, the life, in piosent in spite of detects, and it is nitli this afliiniatiie that lie haie lieio to deal 259 {») Tlie iilea of the stale has diiect actuality in the mdiMdual state It, as a selt-iefeinng oigauism, is the constitution 01 niteiual state-oigaiii/ation oi polity (h) It passes ovei into a lelation of the individual state to othei states This is its cvtcinal organization oi politi (c) As universal idea, or kind, or species, it has absolute authoiity ovei individual states This is the spirit which gives itself reality in the process of woild-history.

Addition — The state as an actual thing is pre-eminently individual, and, what is more, particular Individuality as distinguished from paiticularity is an element of the idea of the state itself, while particularity belongs to history. Any two states, as such, aic independent of each 'lllJi PlIILOSOPIIl 01 HK^JIl othei Anv relation between tbc two nius>t be external A thud Inu^t Iheicfoie "stand above and lunto tbem Now this thud is the spmt, whuh gives itself icaliti in woild- liistori, and constitutes itself absolute judge ovei states Seieial states indeed might foini an alliance and pass judgment upon otheis, oi intei state lelatioiis may aiise of the natuie of the Holy Alliance But these things aie always lelatne and limited, as nas the eieilasting poaie The solo, absolute judge, nliicb always acails against tbc particulai, is the self-caused self-existing spiiit, wliieb presents itself as tlic uniieisal and efficient leaven of woild- hi story A. liitaml Pohti/ A. liitaml Pohti/ 260 The state is the embodiment of concietc ficedom In this concrete fieedom, peisonal mclmdiiality and its jiaiticulai iiiteiosts, as found in the family and cimc coin- inumtv, liaie then couijdetc dovelopineut In this coii- ciete fieedom, too, the lights of pei^oiial iiidnidiialily receive adequate lecognition These inteiests and lights pass jiaitly ot their own acioid into the mtciest of the umveisal Paitlv, also, do the indiMduals iccoguiyo by their own hnowledge and will the niineisal as then own substantive spiiit, and woik ioi it as then own end Hence, neithei is the nnnci»al (ompletcd without the -cssistauce of the jiaiticulai luleieat, knowledge, and will, 1101, on the othci hiiud, do individuals, as piivatc poisons, live mcic'ly foi their own special louioin Thuj legard the general end, and are m all their activities conscious of this end The modem state has enormous strength and depth, in that it allows the principle of subjectivity to coinjilete itself to an independent extreme of personal ])ai ticularity, and yet at the same time bungs it back into the substantive unity, and thus pieseives paiticulaiity in tlie principle of the state Aihhtimi — The pecuhaiity of the idea of the modem ■niE sTAi'i:.

st.ite IS tliat it IS the embodiment of freedom, not accord- im; to subjective likiu", but to the coiice23tion of the will, the will, that is, in its iinivoxsal and divine chaiacter IiiLomjilete states aic they, in which this idea is still only a tjeim, -fthose jiai titular jihasea are not peimitted to 111 atm e into self-dejiendence In the lepublics of classical iiiitK^uilj univeisahtj, it is tine, is to be found But in those aoes jiaitieulaiity had not tis yet been leleased fiom ils lettois, and led back to iimveisality oi the uiiiieisal jiiiijiose ot the whole The essence of the modern slate binds tof'ethei the imiveisal and the full fieedom of par- li( iilaiitv, inchidinq the welfare of individuals It insists tli.it the niteiests of the family and civic community shall link theinsehes to tlie stale, and jot is awaie that the iiiiiveisal puiimse can make no adi aiice without the jiiivate kiiowlecljfe and mil of a jiaitieulaiity, which must adhere to its iif^ht The iinncisal must be actiiely furthcied, but, on tlie othei side, siibiectii itv must bo u holly and iitally doieloiied Onh when both elements aie jiiesent in toice IS the state to lx; rcipiidod as articulate and truly 01 i;ani/x‘d 2()1 111 coutiast with the sjiheies of piivate light and ]iii\ate good, of the taiiiily and of the civic community, the state is on one of its sides an c\teinal necessitj' It is thus a liighei authoiitj, in legaid to which the laws and inteiests ol the fainilv and < oinmiinity aie subject and de[)endeut On the olhei side, howevei, the state is the indwelling end of these things, and is strong in its union of the iiniveisal end with the particular interests of in- dividuals Thus, just so fai as people have duties to fulfil towaids it, they have also rights (§ 155) Note — We haie already noticed (§ 3, note) that Mon- tesquieu in Ills famous woik, “The Sjmit of the Laws,” h.is kcqit befoie his miiid, and sought to piove in detail, the thought that the laws, especially those of piivate light, are dependent ujion the chaiactei of the state He has llli; PIIILOSOPIIV OF lUGIl maintiiijK'J tlio pliilosoiiliic view that the pait is to ho ret'iucled ouly lu lelatioii to the whole Duty IS, m the fiist instance, a lehilion to soinelhiiio, whuh is for me a suhstantial and ■-elf-suhsistinj^ niinoisal Right, on th(‘ othei hand, is in gcneial some einhodiinenl of this suhslantivo lealitv, and heiKc* Inings to the lioiit its jiaitnnlai side and in\ pailnidai fiec'doni These two things, tieated foinially, appe.ii as depnted to ditteient ])hasps oi poisons But the st.ite as clhual, nnphino thoioiigh inteiponetiation ot the snbstautne and the j)<u- tiinlai, hrings into light the fait tliat niy oliligation to the substantive lealih is at the same time the Ksih/alion ol mypaitiiulai fioedoni In the slate, duty and light,iie bound togethei in one and the same leteiem e But liei ause in the state the elements of iiglit and dut\ attain then peouliai shape and lealiti the dilleieme hotneeii tlieni once inoie lieioines manifest While they aie ideiitiiiil in themselves oi foimallx, thei dillui in (Oiitent Iiipinate right and inoials the neiessiti inheieiit in the lehition fails to lie leali/.ed The alistiait eipialitN ol (oiitent is alone brought foiwaid In this abstiact legion iilnit is right tin one is light foi anothei, and nliat is one man’s dnt} is also anothoi man’s dnl\ This ahsohite identiti ot right and diiti occnis, when tiansleiied to the loiiteiit simpU as equality This content, whieh is now to lank as the complete uiineisal and sole jiiincqile of dnt_\ and right, is the ])eisonaltieedom ot men Heme, slaies have no duties, because they have no lights, and ^l(,e leisii, religious duties, of course, falling outside ot this dis- cussion But when wc tiiiii from abstiact identity to the eoneiele idea, the idea which develojis itself within itself, light and duty aie distinguished, and at once liuemne difteientin con- tent In the tamily, for example, the lights of tlie sou an not the same in content as his duties tow.iids his tatliei, nor are the rights of the citizen the same in content as his ■lllh SIA'IL (lntiL’1 to lii-i jmiiuL' <)i government — The ( onception of the uuioii (it (lutv and light is one oi the most impoitant l('atiiu'‘> ol states, and to it is <lnc their intoin.il sliength — The tilistiai t ticatniout of dnt v insists upon casting aside and luuislniig the jiiutniiLii inteiesr, as aonietliing un- essential and e\en nuiimtln But the contiete method, Ol file idea, exhiliits ]>aiti(iilaiil_\ as essential, and the satislai turn of the partieiiLii as a sheer necessity In laimng out his duty the indiiidiial must in some way oi othei disioiei his own intiie'-l, his own satisfaction and lei ompi'iise Alight must lui me to him out ot his i ela- tion to the state, and li\ this iiglil the miiveisal concern Iie( (lines his own pin ate (Oiicein The paiticulai inteiest shall 111 fiiitli be luntliei set aside noi su]>])ies 8 ed, but be phued m open (oncoid with the inmcisal In this coiuoid both ]iai 1 1( nlai and iinn eisal aie inclosed The mdn idnal, who tiom the jioiiit ot new ol his duties is a siibiei t, tinds, m inlhlling Ins inic duties piotectioii of person and pio[ieit\, satisfaction of Ills leal sell, and the consciousness and selt-K's^ic'ct iiuplu'd m Ins being a incmbei of tins whole Nmce the citizen disdiaiges his duti as a per- loimaiKo and business kn the state the slate is jier- maiieiilli pieseiieil Viewed horn the plane ot abstrac- tion, on the othei hand the inteie&t of the iiiiivei sal would