Benedetto Croce: An Introduction to His PhilosophyPiccoli, Raffaello
Philosophy
Benedetto Croce: An Introduction to His Philosophy
Piccoli, Raffaello
Aesthetics; Croce, Benedetto, 1866-1952
Moreover, while the practical principles are immutable, always capable
of giving form to the most varied historical material, the laws are in
perpetual flux and change. The particular modes of change, whether by
evolution or revolution, do not concern the philosopher, for whom all
can be reduced to a angle one: the free will producing a new law under
new conditions. Against the perpetual mutability of the laws, due to
the contingent and historical character of their content, clashes the
concept of an Eternal Code, or Law of Nature (_jus naturale_), which
presumes to determine the content and form of the laws, according to
abstract reason, once and forever. This conception is due to an error
with which we are now familiar, consisting in the transformation of
empirical concepts into principals of universal validity. But from
this particular error, as from all errors, we must distinguish certain
elements of actual and concrete thought which have been historically
associated with it. In the attempts to establish a Law of Nature, we
shall then recognise either new concrete legislative programs, the
new laws appearing as natural and rational by contrast with the old
ones, or an attempt to deduce from, and through, juridical concepts,
the principles of a philosophy of the practical. The principle of
nationality, fighting for realization against the old dynastic law,
appears to its defenders as a typical natural right; and Rousseau,
when deducing the principles of the _jus naturale_, warns us that
he is not dealing with historical truths, but with hypothetical and
conventional reasonings, that is, with principles which transcend every
particular determination and have not a positive, but an ideal value.
We no longer speak of a Law of Nature, but the error which gave rise
to that conception is still vigorous in current social and political
discussions; every attempt to change legal conditions is always
advocated or resisted by an appeal either to natural rights, which are
but arbitrary rationalizations of historical contingencies, or to
abstract reasons, principles, or ideas, of which the particular laws
or institutions are assumed to be the final and necessary expression.
But rationality, morality, and naturality, in the sense in which
these qualities are predicated of one or another type of laws and
institutions, do not belong to any particular historical determination
more than to another; they belong only to the spirit of man and to the
concrete values that it realizes among the ever-changing conditions of
history.
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