Hegel's Philosophy of MindHegel, Georg Wilhelm Friedrich
Philosophy
Hegel's Philosophy of Mind
Hegel, Georg Wilhelm Friedrich
Philosophy
Hence the will-reason exhibits its
existence in them as a preponderating majority of freemen, or in its
“reflectional” universality, which has its actuality vouchsafed it as a
participation in the sovereignty. But it has already been noted as a
“moment” of civil society (§§ 527, 534) that the individuals rise from
external into substantial universality, and form a _particular_ kind,—the
Estates: and it is not in the inorganic form of mere individuals as such
(after the _democratic_ fashion of election), but as organic factors, as
estates, that they enter upon that participation. In the state a power or
agency must never appear and act as a formless, inorganic shape, i.e.
basing itself on the principle of multeity and mere numbers.
Assemblies of Estates have been wrongly designated as the _legislative
power_, so far as they form only one branch of that power,—a branch in
which the special government-officials have an _ex officio_ share, while
the sovereign power has the privilege of final decision. In a civilised
state moreover legislation can only be a further modification of existing
law, and so-called new laws can only deal with minutiae of detail and
particularities (cf. § 529, note), the main drift of which has been
already prepared or preliminarily settled by the practice of the
law-courts. The so-called _financial law_, in so far as it requires the
assent of the estates, is really a government affair: it is only
improperly called a law, in the general sense of embracing a wide, indeed
the whole, range of the external means of government. The finances deal
with what in their nature are only particular needs, ever newly recurring,
even if they touch on the sum total of such needs. If the main part of the
requirement were—as it very likely is—regarded as permanent, the provision
for it would have more the nature of a law: but to be a law, it would have
to be made once for all, and not be made yearly, or every few years,
afresh. The part which varies according to time and circumstances concerns
in reality the smallest part of the amount, and the provisions with regard
to it have even less the character of a law: and yet it is and may be only
this slight variable part which is matter of dispute, and can be subjected
to a varying yearly estimate. It is this last then which falsely bears the
high-sounding name of the “_Grant_” of the _Budget_, i.e. of the whole of
the finances. A law for one year and made each year has even to the plain
man something palpably absurd: for he distinguishes the essential and
developed universal, as content of a true law, from the reflectional
universality which only externally embraces what in its nature is many. To
give the name of a law to the annual fixing of financial requirements only
serves—with the presupposed separation of legislative from executive—to
keep up the illusion of that separation having real existence, and to
conceal the fact that the legislative power, when it makes a decree about
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