§ 539. As a living mind, the state only is as an organised whole,
differentiated into particular agencies, which, proceeding from the one
notion (though not known as notion) of the reasonable will, continually
produce it as their result. The _constitution_ is this articulation or
organisation of state-power. It provides for the reasonable will,—in so
far as it is in the individuals only _implicitly_ the universal
will,—coming to a consciousness and an understanding of itself and being
_found_; also for that will being put in actuality, through the action of
the government and its several branches, and not left to perish, but
protected both against _their_ casual subjectivity and against that of the
individuals. The constitution is existent _justice_,—the actuality of
liberty in the development all its reasonable provisions.
Liberty and Equality are the simple rubrics into which is frequently
concentrated what should form the fundamental principle, the final aim and
result of the constitution. However true this is, the defect of these
terms is their utter abstractness: if stuck to in this abstract form, they
are principles which either prevent the rise of the concreteness of the
state, i.e. its articulation into a constitution and a government in
general, or destroy them. With the state there arises inequality, the
difference of governing powers and of governed, magistracies, authorities,
directories, &c. The principle of equality, logically carried out, rejects
all differences, and thus allows no sort of political condition to exist.
Liberty and equality are indeed the foundation of the state, but as the
most abstract also the most superficial, and for that very reason
naturally the most familiar. It is important therefore to study them
closer.