Hegel's Philosophy of MindHegel, Georg Wilhelm Friedrich
Philosophy
Hegel's Philosophy of Mind
Hegel, Georg Wilhelm Friedrich
Philosophy
The _positive_ element in laws concerns only their form of _publicity_ and
_authority_—which makes it possible for them to be known by all in a
customary and external way. Their content _per se_ may be reasonable—or it
may be unreasonable and so wrong. But when right, in the course of
definite manifestation, is developed in detail, and its content analyses
itself to gain definiteness, this analysis, because of the finitude of its
materials, falls into the falsely infinite progress: the _final_
definiteness, which is absolutely essential and causes a break in this
progress of unreality, can in this sphere of finitude be attained only in
a way that savours of contingency and arbitrariness. Thus whether three
years, ten thalers, or only 2-1/2, 2-3/4, 2-4/5 years, and so on _ad
infinitum_, be the right and just thing, can by no means be decided on
intelligible principles,—and yet it should be decided. Hence, though of
course only at the final points of deciding, on the side of external
existence, the “positive” principle naturally enters law as contingency
and arbitrariness. This happens and has from of old happened in all
legislations: the only thing wanted is clearly to be aware of it, and not
be misled by the talk and the pretence as if the ideal of law were, or
could be, to be, at _every_ point, determined through reason or legal
intelligence, on purely reasonable and intelligent grounds. It is a futile
perfectionism to have such expectations and to make such requirements in
the sphere of the finite.
There are some who look upon laws as an evil and a profanity, and who
regard governing and being governed from natural love, hereditary,
divinity or nobility, by faith and trust, as the genuine order of life,
while the reign of law is held an order of corruption and injustice. These
people forget that the stars—and the cattle too—are governed and well
governed too by laws;—laws however which are only internally in these
objects, not _for them_, not as laws _set to_ them:—whereas it is man’s
privilege to _know_ his law. They forget therefore that he can truly obey
only such known law,—even as his law can only be a just law, as it is a
_known_ law;—though in other respects it must be in its essential content
contingency and caprice, or at least be mixed and polluted with such
elements.
Public-domain text, read in full here on John Shaqi.
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