Hegel's Philosophy of MindHegel, Georg Wilhelm Friedrich
Philosophy
Hegel's Philosophy of Mind
Hegel, Georg Wilhelm Friedrich
Philosophy
The same empty requirement of perfection is employed for an opposite
thesis—viz. to support the opinion that a code is impossible or
impracticable. In this case there comes in the additional absurdity of
putting essential and universal provisions in one class with the
particular detail. The finite material is definable on and on to the false
infinite: but this advance is not, as in the mental images of space, a
generation of new spatial characteristics of the same quality as those
preceding them, but an advance into greater and ever greater speciality by
the acumen of the analytic intellect, which discovers new distinctions,
which again make new decisions necessary. To provisions of this sort one
may give the name of _new_ decisions or _new_ laws; but in proportion to
the gradual advance in specialisation the interest and value of these
provisions declines. They fall within the already subsisting
“substantial,” general laws, like improvements on a floor or a door,
within the house—which though something _new_, are not a new _house_. But
there is a contrary case. If the legislation of a rude age began with
single provisos, which go on by their very nature always increasing their
number, there arises, with the advance in multitude, the need of a simpler
code,—the need i.e. of embracing that lot of singulars in their general
features. To find and be able to express these principles well beseems an
intelligent and civilised nation. Such a gathering up of single rules into
general forms, first really deserving the name of laws, has lately been
begun in some directions by the English Minister Peel, who has by so doing
gained the gratitude, even the admiration, of his countrymen.
§ 530. (2) The positive form of Laws—to be _promulgated and made known_ as
laws—is a condition of the _external obligation_ to obey them; inasmuch
as, being laws of strict right, they touch only the abstract will,—itself
at bottom external—not the moral or ethical will. The subjectivity to
which the will has in this direction a right is here only publicity. This
subjective existence is as existence of the essential and developed truth
in this sphere of Right at the same time an externally objective
existence, as universal authority and necessity.
The legality of property and of private transactions concerned
therewith—in consideration of the principle that all law must be
promulgated, recognised, and thus become authoritative—gets its universal
guarantee through _formalities_.
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