Hegel's Philosophy of Mind, Georg Wilhelm Friedrich Hegel [big ebook reader .txt] 📗
- Author: Georg Wilhelm Friedrich Hegel
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§ 500. As an outrage on right, such an action is essentially and actually null. In it the agent, as a volitional and intelligent being, sets up a law—a law however which is nominal and recognised by him only—a universal which holds good for him, and under which [pg 111] he has at the same time subsumed himself by his action. To display the nullity of such an act, to carry out simultaneously this nominal law and the intrinsic right, in the first instance by means of a subjective individual will, is the work of Revenge. But, revenge, starting from the interest of an immediate particular personality, is at the same time only a new outrage; and so on without end. This progression, like the last, abolishes itself in a third judgment, which is disinterested—punishment.
§ 501. The instrumentality by which authority is given to intrinsic right is (α) that a particular will, that of the judge, being conformable to the right, has an interest to turn against the crime (—which in the first instance, in revenge, is a matter of chance), and (β) that an executive power (also in the first instance casual) negates the negation of right that was created by the criminal. This negation of right has its existence in the will of the criminal; and consequently revenge or punishment directs itself against the person or property of the criminal and exercises coercion upon him. It is in this legal sphere that coercion in general has possible scope,—compulsion against the thing, in seizing and maintaining it against another's seizure: for in this sphere the will has its existence immediately in externals as such, or in corporeity, and can be seized only in this quarter. But more than possible compulsion is not, so long as I can withdraw myself as free from every mode of existence, even from the range of all existence, i.e. from life. It is legal only as abolishing a first and original compulsion.
§ 502. A distinction has thus emerged between the law (right) and the subjective will. The “reality” of right, which the personal will in the first instance gives itself in immediate wise, is seen to be due to the [pg 112] instrumentality of the subjective will,—whose influence as on one hand it gives existence to the essential right, so may on the other cut itself off from and oppose itself to it. Conversely, the claim of the subjective will to be in this abstraction a power over the law of right is null and empty of itself: it gets truth and reality essentially only so far as that will in itself realises the reasonable will. As such it is morality153 proper.
The phrase “Law of Nature,” or Natural Right154, in use for the philosophy of law involves the ambiguity that it may mean either right as something existing ready-formed in nature, or right as governed by the nature of things, i.e. by the notion. The former used to be the common meaning, accompanied with the fiction of a state of nature, in which the law of nature should hold sway; whereas the social and political state rather required and implied a restriction of liberty and a sacrifice of natural rights. The real fact is that the whole law and its every article are based on free personality alone,—on self-determination or autonomy, which is the very contrary of determination by nature. The law of nature—strictly so called—is for that reason the predominance of the strong and the reign of force, and a state of nature a state of violence and wrong, of which nothing truer can be said than that one ought to depart from it. The social state, on the other hand, is the condition in which alone right has its actuality: what is to be restricted and sacrificed is just the wilfulness and violence of the state of nature.
[pg 113]§ 503. The free individual, who, in mere law, counts only as a person, is now characterised as a subject, a will reflected into itself so that, be its affection what it may, it is distinguished (as existing in it) as its own from the existence of freedom in an external thing. Because the affection of the will is thus inwardised, the will is at the same time made a particular, and there arise further particularisations of it and relations of these to one another. This affection is partly the essential and implicit will, the reason of the will, the essential basis of law and moral life: partly it is the existent volition, which is before us and throws itself into actual deeds, and thus comes into relationship with the former. The subjective will is morally free, so far as these features are its inward institution, its own, and willed by it. Its utterance in deed with this freedom is an action, in the externality of which it only admits as its own, and allows to be imputed to it, so much as it has consciously willed.
This subjective or “moral” freedom is what a European especially calls freedom. In virtue of the right thereto a man must possess a personal knowledge of the distinction between good and evil in general: ethical and [pg 114] religious principles shall not merely lay their claim on him as external laws and precepts of authority to be obeyed, but have their assent, recognition, or even justification in his heart, sentiment, conscience, intelligence, &c. The subjectivity of the will in itself is its supreme aim and absolutely essential to it.
The “moral” must be taken in the wider sense in which it does not signify the morally good merely. In French le moral is opposed to le physique, and means the mental or intellectual in general. But here the moral signifies volitional mode, so far as it is in the interior of the will in general; it thus includes purpose and intention,—and also moral wickedness.
§ 504. So far as the action comes into immediate touch with existence, my part in it is to this extent formal, that external existence is also independent of the agent. This externality can pervert his action and bring to light something else than lay in it. Now, though any alteration as such, which is set on foot by the subject's action, is its deed157, still the subject does not for that reason recognise it as its action158, but only admits as its own that existence in the deed which lay in its knowledge and will, which was its purpose. Only for that does it hold itself responsible.
§ 505. As regards its empirically concrete content (1) the action has a variety of particular aspects and connexions. In point of form, the agent must have known and willed the action in its essential feature, embracing these individual points. This is the right of [pg 115] intention. While purpose affects only the immediate fact of existence, intention regards the underlying essence and aim thereof. (2) The agent has no less the right to see that the particularity of content in the action, in point of its matter, is not something external to him, but is a particularity of his own,—that it contains his needs, interests, and aims. These aims, when similarly comprehended in a single aim, as in happiness (§ 479), constitute his well-being. This is the right to well-being. Happiness (good fortune) is distinguished from well-being only in this, that happiness implies no more than some sort of immediate existence, whereas well-being regards it as also justified as regards morality.
§ 506. But the essentiality of the intention is in the first instance the abstract form of generality. Reflection can put in this form this and that particular aspect in the empirically-concrete action, thus making it essential to the intention or restricting the intention to it. In this way the supposed essentiality of the intention and the real essentiality of the action may be brought into the greatest contradiction—e.g. a good intention in case of a crime. Similarly well-being is abstract and may be set on this or that: as appertaining to this single agent, it is always something particular.
§ 507. The truth of these particularities and the concrete unity of their formalism is the content of the universal, essential and actual, will,—the law and underlying essence of every phase of volition, the essential and actual good. It is thus the absolute final aim of the world, and duty for the agent who ought [pg 116] to have insight into the good, make it his intention and bring it about by his activity.
§ 508. But though the good is the universal of will—a universal determined in itself,—and thus including in it particularity,—still so far as this particularity is in the first instance still abstract, there is no principle at hand to determine it. Such determination therefore starts up also outside that universal; and as heteronomy or determinance of a will which is free and has rights of its own, there awakes here the deepest contradiction. (α) In consequence of the indeterminate determinism of the good, there are always several sorts of good and many kinds of duties, the variety of which is a dialectic of one against another and brings them into collision. At the same time because good is one, they ought to stand in harmony; and yet each of them, though it is a particular duty, is as good and as duty absolute. It falls upon the agent to be the dialectic which, superseding this absolute claim of each, concludes such a combination of them as excludes the rest.
§ 509. (β) To the agent, who in his existent sphere of liberty is essentially as a particular, his interest and welfare must, on account of that existent sphere of liberty, be essentially an aim and therefore a duty. But at the same time in aiming at the good, which is the not-particular but only universal of the will, the particular interest ought not to
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