The Philosophy of History, Vol. 1 of 2Schlegel, Friedrich von
Philosophy
The Philosophy of History, Vol. 1 of 2
Schlegel, Friedrich von
History; History -- Philosophy
Schlegel observes that the difference between strict law and equitable
law is the most arduous problem in all jurisprudence. Strict law is an
abstract law, deduced from certain general principles, applied without
the least regard to adventitious circumstances. Equity, on the other
hand, pays due regard to such circumstances, examines into the peculiar
state of things, and the mutual relations of parties; and forms her
decisions not according to the caprice of fancy, or the waywardness of
feeling, but according to the general principles of right, applied to
the variable circumstances and situations of parties.
According to the author's definition, the object of the institution of
the state is the maintenance of internal and external peace. Justice is
the only basis of peace; but _justice is here the means, and not the
end_. If justice were the end for which the state was constituted, then
neither external nor internal peace could ever be procured or
maintained; for the state would then be compelled to wage eternal war
against all who, at home or abroad, were guilty of injustice, and could
never lay down its arms till that injustice were removed.
As peace is essentially the end of that great corporation called the
state; it follows that the justice by which its foreign and domestic
policy must be regulated, is not that strict or absolute justice spoken
of above, but that temperate or conciliatory equity, which is alone
applicable to the concerns of men. The maxim, "a thousand years' wrong
cannot constitute an hour's right," if applied to civil jurisprudence,
would introduce interminable confusion, hardship and misery in the
affairs of private life, and if applied to constitutional and
international law, would lead to perpetual anarchy at home, and to
endless, exterminating war abroad.
The Christian religion, as it comes from God, is eminently social--hence
it abhors the principle of absolute or inexorable right, whether applied
to civil or public law--hence the Christian state, or the state animated
with the spirit of Christianity, is in its tendency essentially pacific.
Public-domain text, read in full here on John Shaqi.
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