Hegel's Philosophy of Mind, Georg Wilhelm Friedrich Hegel [big ebook reader .txt] 📗

the great development and maturity of form in modern states which produces the supreme concrete inequality of individuals in actuality: while, through the deeper reasonableness of laws and the greater stability of the legal state, it gives rise to greater and more stable liberty, which it can without incompatibility allow. Even the superficial distinction of the words liberty and equality points to the fact that the former tends to inequality: whereas, on the contrary, the current notions of liberty only carry us back to equality. But the more we fortify liberty,—as security of property, as possibility for each to develop and make the best of his talents and good qualities, the more it gets taken for granted: and then the sense and appreciation of liberty especially turns in a subjective direction. By this is meant the liberty to attempt action on every side, and to throw oneself at pleasure in action for particular and for general intellectual interests, the removal of all checks on the individual particularity, as well as the inward liberty in which the subject has principles, has an insight and conviction of his own, and thus gains moral independence. But this liberty itself on one hand implies that supreme differentiation in which men are unequal and make themselves more unequal by education; and on another it only grows up under conditions of that objective liberty, and is and could grow to such height only in modern states. If, with this development of particularity, there be simultaneous and endless increase of the number of wants, and of the difficulty of satisfying them, of the lust of argument and the fancy of detecting faults, [pg 136] with its insatiate vanity, it is all but part of that indiscriminating relaxation of individuality in this sphere which generates all possible complications, and must deal with them as it can. Such a sphere is of course also the field of restrictions, because liberty is there under the taint of natural self-will and self-pleasing, and has therefore to restrict itself: and that, not merely with regard to the naturalness, self-will and self-conceit, of others, but especially and essentially with regard to reasonable liberty.

The term political liberty, however, is often used to mean formal participation in the public affairs of state by the will and action even of those individuals who otherwise find their chief function in the particular aims and business of civil society. And it has in part become usual to give the title constitution only to the side of the state which concerns such participation of these individuals in general affairs, and to regard a state, in which this is not formally done, as a state without a constitution. On this use of the term, the only thing to remark is that by constitution must be understood the determination of rights, i.e. of liberties in general, and the organisation of the actualisation of them; and that political freedom in the above sense can in any case only constitute a part of it. Of it the following paragraphs will speak.

§ 540. The guarantee of a constitution (i.e. the necessity that the laws be reasonable, and their actualisation secured) lies in the collective spirit of the nation,—especially in the specific way in which it is itself conscious of its reason. (Religion is that consciousness in its absolute substantiality.) But the guarantee lies also at the same time in the actual organisation or development of that principle in suitable institutions. The constitution presupposes that consciousness [pg 137] of the collective spirit, and conversely that spirit presupposes the constitution: for the actual spirit only has a definite consciousness of its principles, in so far as it has them actually existent before it.

The question—To whom (to what authority and how organised) belongs the power to make a constitution? is the same as the question, Who has to make the spirit of a nation? Separate our idea of a constitution from that of the collective spirit, as if the latter exists or has existed without a constitution, and your fancy only proves how superficially you have apprehended the nexus between the spirit in its self-consciousness and in its actuality. What is thus called “making” a “constitution,” is—just because of this inseparability—a thing that has never happened in history, just as little as the making of a code of laws. A constitution only develops from the national spirit identically with that spirit's own development, and runs through at the same time with it the grades of formation and the alterations required by its concept. It is the indwelling spirit and the history of the nation (and, be it added, the history is only that spirit's history) by which constitutions have been and are made.

§ 541. The really living totality,—that which preserves, in other words continually produces the state in general and its constitution, is the government. The organisation which natural necessity gives is seen in the rise of the family and of the 'estates' of civil society. The government is the universal part of the constitution, i.e. the part which intentionally aims at preserving those parts, but at the same time gets hold of and carries out those general aims of the whole which rise above the function of the family and of civil society. The organisation of the government is likewise its differentiation into powers, as their peculiarities have a basis in principle; yet [pg 138] without that difference losing touch with the actual unity they have in the notion's subjectivity.

As the most obvious categories of the notion are those of universality and individuality and their relationship that of subsumption of individual under universal, it has come about that in the state the legislative and executive power have been so distinguished as to make the former exist apart as the absolute superior, and to subdivide the latter again into administrative (government) power and judicial power, according as the laws are applied to public or private affairs. The division of these powers has been treated as the condition of political equilibrium, meaning by division their independence one of another in existence,—subject always however to the above-mentioned subsumption of the powers of the individual under the power of the general. The theory of such “division” unmistakably implies the elements of the notion, but so combined by “understanding” as to result in an absurd collocation, instead of the self-redintegration of the living spirit. The one essential canon to make liberty deep and real is to give every business belonging to the general interests of the state a separate organisation wherever they are essentially distinct. Such real division must be: for liberty is only deep when it is differentiated in all its fullness and these differences manifested in existence. But to make the business of legislation an independent power—to make it the first power, with the further proviso that all citizens shall have part therein, and the government be merely executive and dependent, presupposes ignorance that the true idea, and therefore the living and spiritual actuality, is the self-redintegrating notion, in other words, the subjectivity which contains in it universality as only one of its moments. (A mistake still greater, if it goes with the fancy that the constitution and the fundamental [pg 139] laws were still one day to make,—in a state of society, which includes an already existing development of differences.) Individuality is the first and supreme principle which makes itself fall through the state's organisation. Only through the government, and by its embracing in itself the particular businesses (including the abstract legislative business, which taken apart is also particular), is the state one. These, as always, are the terms on which the different elements essentially and alone truly stand towards each other in the logic of “reason,” as opposed to the external footing they stand on in 'understanding,' which never gets beyond subsuming the individual and particular under the universal. What disorganises the unity of logical reason, equally disorganises actuality.

§ 542. In the government—regarded as organic totality—the sovereign power (principate) is (a) subjectivity as the infinite self-unity of the notion in its development;—the all-sustaining, all-decreeing will of the state, its highest peak and all-pervasive unity. In the perfect form of the state, in which each and every element of the notion has reached free existence, this subjectivity is not a so-called “moral person,” or a decree issuing from a majority (forms in which the unity of the decreeing will has not an actual existence), but an actual individual,—the will of a decreeing individual,—monarchy. The monarchical constitution is therefore the constitution of developed reason: all other constitutions belong to lower grades of the development and realisation of reason.

The unification of all concrete state-powers into one existence, as in the patriarchal society,—or, as in a democratic constitution, the participation of all in all affairs—impugns the principle of the division of powers, i.e. the developed liberty of the constituent factors of [pg 140] the Idea. But no whit less must the division (the working out of these factors each to a free totality) be reduced to “ideal” unity, i.e. to subjectivity. The mature differentiation or realisation of the Idea means, essentially, that this subjectivity should grow to be a real “moment,” an actual existence; and this actuality is not otherwise than as the individuality of the monarch—the subjectivity of abstract and final decision existent in one person. All those forms of collective decreeing and willing,—a common will which shall be the sum and the resultant (on aristocratical or democratical principles) of the atomistic of single wills, have on them the mark of the unreality of an abstraction. Two points only are all-important, first to see the necessity of each of the notional factors, and secondly the form in which it is actualised. It is only the nature of the speculative notion which can really give light on the matter. That subjectivity—being the “moment” which emphasises the need of abstract deciding in general—partly leads on to the proviso that the name of the monarch appear as the bond and sanction under which everything is done in the government;—partly, being simple self-relation, has attached to it the characteristic of immediacy, and then of nature—whereby the destination of individuals for the dignity of the princely power is fixed by inheritance.

§ 543. (b) In the particular government-power there emerges, first, the division of state-business into its branches (otherwise defined), legislative power, administration of justice or judicial power, administration and police, and its consequent distribution between particular boards or offices, which having their business appointed by law, to that end and for that reason, possess independence of action, without at the same time ceasing to stand under higher supervision. Secondly, too, there [pg 141] arises the participation of several in state-business, who together constitute the “general order” (§ 528) in so far as they take on themselves the charge of universal ends as the essential function of their particular life;—the further condition for being able to take individually part in this business being a certain training, aptitude, and skill for such ends.