A History of Philosophy in EpitomeSchwegler, Albert
Philosophy
A History of Philosophy in Epitome
Schwegler, Albert
Philosophy -- History
_The Theory of Rights_ (_the rights of nature_) Fichte founds upon the
conception of the individual. First, he deduces the conception of
rights, and as follows:—A finite rational being cannot posit itself
without ascribing to itself a free activity. Through this positing of
its faculties to a free activity, this rational being posits an external
world of sense, for it can ascribe to itself no activity till it has
posited an object towards which this activity may be directed. Still
farther, this free activity of a rational being presupposes other
rational beings, for without these it would never be conscious that it
was free. We have therefore a plurality of free individuals, each one of
whom has a sphere of free activity. This co-existence of free
individuals is not possible without a relation of rights. Since no one
with freedom passes beyond his sphere, and each one therefore limits
himself, they recognize each other as rational and free. This relation
of a reciprocal acting through intelligence and freedom between rational
beings, according to which each one has his freedom limited by the
conception of the possibility of the other’s freedom, under the
condition also that this other limits his own freedom also through that
of the first, is called a _relation of rights_. The supreme maxim of a
theory of rights is therefore this: limit thy freedom through the
conception of the freedom of every other person with whom thou canst be
connected. After Fichte has attempted the application of this conception
of rights, and for this end has deduced the corporeity, the
anthropological side of man, he passes over to a proper _theory of
rights_. The theory of rights may be divided into three parts. (1)
Rights which belong to the simple conception of person are called
_original rights_. The original right is the absolute right of the
person to be only a cause in the sensible world, though he may be
absolutely (in other relations than to the sense) an effect. In this are
contained, (_a_) the right of personal (bodily) freedom, and (_b_) the
right of property. But every relation of rights between individual
persons is conditioned through each one’s recognition of the rights of
the other. Each one must limit the quantum of his free acts for the sake
of the freedom of the other, and only so far as the other has respect to
my freedom need I have regard to his. In case, therefore, the other does
not respect my original rights, some mechanical necessity must be sought
in order to secure the rights of person, and this involves (2) the
_Right of Coercion_. The laws of punishment have their end in securing
that the opposite of that which is intended shall follow every
unrighteous aim, that every vicious purpose shall be destroyed, and the
right in its integrity be established. To establish such a law of
coercion, and to secure a universal coercive power, the free individuals
must enter into covenant among themselves. Such a covenant is only
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