The Philosophy of the Practical: Economic and EthicCroce, Benedetto
Philosophy
The Philosophy of the Practical: Economic and Ethic
Croce, Benedetto
Economics; Ethics; Will
But we must not fail to recognize that Hegel does not avail himself of
this most exact distinction in his philosophy, for there the dominating
motive is respect for the laws and the tendency to attack individual
initiative. Hegel repeats many times with complacency the saying of
the Pythagorean, that the best way of educating a young man is to
make him citizen of a State ruled by good laws; and he remarks that
Herculeses belong to primitive and barbarous times, and that individual
valour has but a small field in times of culture. He was most averse
to criticism of and rebellion against the authority of the State; for
these did not seem to him to correspond to the reality of the spirit.
That surface is not the reality; at bottom all desire order; and it is
necessary to distinguish apparent political sentiment from that which
men really will, for within them they will the thing, but hesitate as
to particulars, and enjoy the vanity of censuring.[33] Men believe
that the State exists and that in it alone are particular interests
realized; but habit makes invisible to them that upon which our entire
existence depends. There is in short in Hegel, besides the philosopher,
a politician and moralist regretful of the excesses of revolutionaries
and of unbridled romanticism; and there is also in him the desire for
an exact inquiry into the function and limits of positive law.[34]
[Sidenote: _Recent doctrines._]
In recent times there have been many and very various manifestations
connected with the concept of this function and of its limits, and
it would occupy much space to enumerate and to illustrate them all.
We shall mention three, very distant and different. The first, which
belongs to the political and social field, is the doctrine of anarchy
and is opposed to laws of all sorts; it is a not purely philosophical
doctrine, though it involves philosophical questions.[35] The other
two, which more properly belong to the juridical field, are, the
assertion of the importance of laws and of the duty of defending their
existence, even where their violation by others does not interfere
with our individual interests, or when their defence costs individual
sacrifices (this was the argument of a vigorous little book by
Jhering);[36]--and by way of contrast the demand for a free creation of
the law by the judge (_die freie Rechtsfindung,_) which has given rise
to discussions that are yet burning, more directly provoked by a little
book of Kantorowicz (Gnaeus Flavius).[37]
[Sidenote: _Natural rights and their dissolution. The historical school
of rights._]
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