The German Classics of the Nineteenth and Twentieth Centuries, Volume 07: Masterpieces of German Literature Translated into English. in Twenty Volumes
Philosophy
The German Classics of the Nineteenth and Twentieth Centuries, Volume 07: Masterpieces of German Literature Translated into English. in Twenty Volumes
German literature -- 19th century -- Translations into English; German literature -- 20th century -- Translations into English
In the State one must want nothing which is not an expression of
rationality. The State is the world which the spirit has made for
itself; it has therefore a determinate and self-conscious course. One
often speaks of the wisdom of God in nature, but one must not believe
that the physical world of nature is higher than the world of spirit.
Just as spirit is superior to nature, so is the State superior to the
physical life. We must therefore adore the State as the manifestation of
the divine on earth, and consider that, if it is difficult to comprehend
nature, it is infinitely harder to grasp the essence of the State. It is
an important fact that we, in modern times, have attained definite
insight into the State in general and are much engaged in discussing and
making constitutions; but that does not advance the problem much. It is
necessary to treat a rational matter in the light of reason, in order to
learn its essential nature and to know that the obvious does not always
constitute the essential.
When we speak of the different functions of the powers of the State, we
must not fall into the enormous error of supposing each power to have an
abstract, independent existence, since the powers are rather to be
differentiated as elements in the conception of the State. Were the
powers to be in abstract independence, however, it is clear that two
independent things could never constitute a unity, but must produce war,
and the result would be destruction of the whole or restoration of unity
by force. Thus, in the French Revolution, at one time the legislative
power had swallowed up the executive, at another time the executive had
usurped the legislative power.
THE CONSTITUTION
The constitution is rational, in so far as the State defines and
differentiates its functions according to the nature of its concept.
Who shall make the constitution? This question seems intelligible, yet
on closer examination reveals itself as meaningless, for it presupposes
the existence of no constitution, but only a mere mass of atomic
individuals. How a mass of individuals is to come by a constitution,
whether by its own efforts or by those of others, whether by goodness,
thought, or force, it must decide for itself, for with a disorganized
mob the concept of the State has nothing to do. But if the question does
presuppose an already existing constitution, then to make a constitution
means only to change it. The presupposition of a constitution implies,
however, at once, that any modification in it must take place
constitutionally. It is absolutely essential that the constitution,
though having a temporal origin, should not be regarded as made. It (the
principle of constitution) is rather to be conceived as absolutely
perpetual and rational, and therefore as divine, substantial, and above
and beyond the sphere of what is made.
Public-domain text, read in full here on John Shaqi.
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