The Philosophical Theory of the StateBosanquet, Bernard
Philosophy
The Philosophical Theory of the State
Bosanquet, Bernard
Political science -- Philosophy; State, The -- Philosophy
This whole sphere of Right or Law, the mind as actualised in Society
and the State, naturally divides itself on the principle which has
just been explained, into three connected groups of ideal facts
or points of view. The first, or simplest and most inevitable, of
these, may be called the “letter of the law” as we come upon it most
especially in the law of property--Shylock’s law--the sheer fact, as
it seems, that the world is appropriated by legal “persons.”
The second, obviously conditioned by the first both positively and
negatively, may be described as the morality of conscience; the
revolt of the will against the letter of the law, though this was
its own direct expression of itself (_e.g._ in taking things as
property); and its demand to recognise as right nothing but what
springs from itself as the good will.
And thirdly, there is the reality or concrete experience in which
the two former sets of facts, or ideas, find their true place and
justification--the completed theory, so to speak, which adjusts and
explains the narrower views founded on one-sided contact with life.
This is indicated to consist in “social observance,” or “ethical use
and wont”; the system of working mind where the true will appears as
incarnate in a way of living. This, {260} like the others, it must
be remembered, is a fact, though akin to a theory. Not only does it
explain and justify the other factors, but its existence has enabled
them to exist, as theirs has also been essential to it. And yet each
of the three, as one aspect of society which under certain influences
may catch the eye, has at times claimed--is, indeed, constantly
claiming--predominance, and has thus brought into relief its own
defects and the need of the complementary ideas. We will speak of
these moods of mind or kinds of experience in their order, expecting
a further sub-division when we come to treat of the third.
3. “Law,” then, in the directest possible sense--the minimum sense,
so to speak--is the hard literal fact that it is a rule of the
world we live in for things to be appropriated by persons. This is
the first or minimum change of the world from mere matter into the
instruments of mind, and it is a necessary change. Things have no
will of their own, and it is by having a will asserted upon them that
they become organs of life. In the same way, it is by assertion in
external things that the will first becomes a fact in the material
world. Property is “the first reality of freedom.” [1] It is not
the mere provision for wants, but the material counterpart of will.
Contract belongs to this sphere, the sphere of property. It is an
agreement of persons about an external thing--a “common will,” but
not one “general” or “universal” in its own nature like that involved
in the State.
[1] _Rechtsphil_., sect. 41. Not, in its developed form, the first
in time. Hegel lays stress on the fact that true, free, property was
hardly realised even in his own day.
Public-domain text, read in full here on John Shaqi.
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