The Philosophical Theory of the StateBosanquet, Bernard
Philosophy
The Philosophical Theory of the State
Bosanquet, Bernard
Political science -- Philosophy; State, The -- Philosophy
{238} 2. Returning to our immediate subject, the Philosophy of
Right, we will consider for a moment the specific relation of
Rousseau’s idea of Freedom to Kantian or post-Kantian thought. It is
permissible, perhaps, to embody the chief part of what has to be said
in extracts from works of great original value and not very generally
accessible. Not only the poets and sentimentalists of Germany, but
also the great philosophers, distinctly recognised the debt of the
German genius to the ideas of Rousseau. The conception of the “Social
Contract” has an importance which surprises the modern reader in the
political philosophy of Kant and more especially of Fichte, and it
is not till we come to Hegel that the literal interpretation of the
“Social Contract” is completely discriminated from the truth conveyed
by the doctrine of the General Will. Apart from all questions about
the literal meaning of the “Social Contract,” it is simple fact that
the whole political philosophy of Kant, Hegel, and Fichte is founded
on the idea of freedom as the essence of man, first announced--such
was Hegel’s distinct judgment--by Rousseau. I begin by citing the
crucial passage from Hegel’s _History of Philosophy_, which gives in
a few lines the basis of his own theory of Right, as well as his view
of Rousseau’s position. [1]
[1] Hegel’s _Geschichte der Philosophie_, iii. 477.
After explaining that Rousseau treated the right of Government as
on one side, in its historical aspect, resting [1] on force and
compulsion, Hegel {239} continues,
“But the principle of this justification (the absolute
justification of the State) Rousseau makes the free
will, and, disregarding the positive right (or law)
of States, he answers to the above question [2] (as
to the justification or basis of the State) that man
has free will, seeing that ‘Freedom is the distinctive
quality of man. [3] To renounce one’s freedom, means to
renounce one’s humanity. Not to be free is therefore a
renunciation of one’s human rights, and even of one’s
duties.’ The slave has neither rights nor duties.
Rousseau says, therefore, [4] The _fundamental problem_
[5] is to find a form of association which shall protect
and defend at once the person and the property of every
member with the whole common force, and in which each
individual, inasmuch as he attaches himself to this
association, _obeys only himself, and remains as free
as before_ [5] The solution is given by the _Social
Contract_; [5] it (Rousseau says) is this combination, to
which each belongs through his will."
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