6. State action as the maintenance of rights 201 _(a)_ System of rights from standpoint of community 203 _(b)_ From standpoint of individuals. “Position” 204 (i) As Rights or recognised claims 206 (ii) As Obligations or recognised debts 206 _(c)_ Rights as implying Duties 208 (i) When Duty = Obligation 208 (ii) When Duty = Purpose, which is source of Right 209 _(d)_ Rights, why _recognised_ claims? 210 (i) A “Position” involves recognition 210 (ii) No right based on individual caprice 212 7. State action as punishment 216 (i) Punishment as reformatory 221 (ii) Punishment as retributory 223 (iii) Punishment as deterrent 228 Conclusion. State Action as exercise of a _General Will_ 232 CHAPTER IX ROUSSEAU’S THEORY AS APPLIED TO THE MODERN STATE: KANT, FICHTE, HEGEL 235-255 1. Rousseau’s literary influence in Germany 235 2. Freedom and Social Contract in Kant 238 3. Freedom and Social Contract in Fichte 244 4. Freedom in Hegel’s _Philosophy of Right_ 247 _(a)_ Supposed reactionary tendency in Hegel 248 _(b)_ Relation of analysis and idealisation 290 5. The Philosophy of Right as a chapter in the Philosophy of Mind 252 CHAPTER X THE ANALYSIS OF A MODERN STATE. HEGEL’S “PHILOSOPHY OF RIGHT” 256-295 1. Logic of Society as an _ideal fact_ 256 2. Sphere of Right or Law and its sub-divisions 258 3. The Letter of the Law 260 4. The Morality of Conscience 262 5. Social Ethics 266 (i) Social Ethics as an actual world 266 (ii) Social Ethics as the nature of self-consciousness 267 6. Sub-divisions of Social Ethics. The Family 269 _(a)_ Depends on natural fact 269 _(b)_ Is factor in the State 270 _(c)_ Ethical and Monogamous Household 271 _(d)_ Relation to Property 272 7. Bourgeois Society. Justice, State Regulation, and Trade Societies 272 8. The State proper, or Political Constitution 280 9. Public discussion and public opinion 285 10. Criticism of such an analysis of the Modern State 287 CHAPTER XI INSTITUTIONS CONSIDERED AS ETHICAL IDEAS 296-334 1. The individual soul and the social mind 296 2. Institutions as common substance of minds 297 3. The Family and Property as elements of mind 299 4. The District or Neighbourhood as an element of mind 304 5. Class as an element of mind. “The Poor” as an ethical idea 310 6. The Nation-State as an element of mind 320 7. Morality of public and private action 322 8. Humanity as an element of mind 328 _(a)_ Humanity not predicable of mankind as a whole 328 _(b)_ Humanity does not = mankind as a true community 329 _(c)_ Dichotomous expressions for humanity and mankind 330 _(d)_ The self beyond any actual society; Art, Philosophy, Religion 332 INDEX 335 {1} CHAPTER I. RISE AND CONDITIONS OF THE PHILOSOPHICAL THEORY OF THE STATE