The Philosophy of the Practical: Economic and EthicCroce, Benedetto
Philosophy
The Philosophy of the Practical: Economic and Ethic
Croce, Benedetto
Economics; Ethics; Will
VI. If then there has not been a great gain in clearness of
fundamental concepts, as regards this part of the subject, there has on
the contrary been an indubitable advance in consciousness acquired as
to the mutability of laws and as to the consequent contradictoriness of
the idea of natural Rights. This, with its complement, the catalogue
of innate natural and inalienable rights of man, had great success in
the seventeenth century for political and social reasons, attaining
its highest development in the century following. But it may be said
that the doctrine of innate rights was liquidated by Kant in the
_Metaphysic of Custom,_ when he wrote the proposition that liberty is
the only original and innate rights, which belong to man through his
very humanity,[38] at the very moment when it was most energetically
affirmed in a practical form in the _Declaration of the Rights of
Man._ In the system of Hegel the constructions of natural rights began
to lose their rigidity; becoming indeed historical categories of
Ethicity or _Sittlichkeit,_ determinations of the spirits of various
peoples (_Volksgeister,_) which are in their turn determinations of
the Absolute or of the Idea. Owing to this view (without taking into
account his error of wishing to philosophize and to make dialectical
what is historical and empirical), Hegel connected himself closely
with the historical school of rights (Hugo, Savigny, etc.). This,
notwithstanding the exaggeration by which he seemed to deny the value
of the ideal demands made of rights, had the merit of shaking the old
conception of natural rights. This has retained its place in treatises
from that time onward in a more or less worm-eaten and unstable
condition by the force of inertia; or it has been preserved by Catholic
writers (by Rosmini not less than by the Padre Taparelli), whose
conception is of necessity but little historical; or it has reappeared
in those curious Catholics and anti-historians, the positivists
(Spencer, Ardigò). But that natural rights are nothing but _new_
historical rights in the struggle of their becoming, is a conviction
that has penetrated the general consciousness.
[Sidenote: _The comparison between rights and language._]
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