It is evident that as an historian has very wittily been called an
inverted prophet, the professor of law is an inverted moralist, and
therefore law itself, in its proper sense, _i.e._, the doctrine of the
_right_, which we ought to maintain, is inverted ethics in that chapter of
it in which the rights are laid down which we ought not to violate. The
concept of wrong and its negation, that of right, which is originally
_ethical_, becomes _juridical_ by the transference of the starting-point
from the active to the passive side, and thus by inversion. This, as well
as Kant’s theory of law, which very falsely deduces the institution of the
state as a moral duty from his categorical imperative, has, even in the
most recent times, repeatedly occasioned the very extraordinary error that
the state is an institution for furthering morality; that it arises from
the endeavour after this, and is, consequently, directed against egoism.
As if the inward disposition, to which alone morality or immorality
belongs, the externally free will, would allow itself to be modified from
without and changed by influences exerted upon it! Still more perverse is
the theory that the state is the condition of freedom in the moral sense,
and in this way the condition of morality; for freedom lies beyond the
phenomenon, and indeed beyond human arrangements. The state is, as we have
said, so little directed against egoism in general and as such, that, on
the contrary, it has sprung from egoism and exists only in its service—an
egoism that well understands itself, proceeds methodically and forsakes
the one-sided for the universal point of view, and so by addition is the
common egoism of all. The state is thus instituted under the correct
presupposition that pure morality, _i.e._, right action from moral
grounds, is not to be expected; if this were not the case, it would itself
be superfluous. Thus the state, which aims at well-being, is by no means
directed against egoism, but only against the disadvantageous consequences
which arise from the multiplicity of egoistic individuals, and
reciprocally affect them all and disturb their well-being. Therefore it
was already said by Aristotle (De. Rep. iii.): Τελος μεν ουν πολεως το ευ
ζην; τουτο δε εστιν το ζῃν ευδαιμονως και καλως (_Finis civitatis est bene
vivere, hoc autem est beate et pulchre vivere_). Hobbes also has
accurately and excellently expounded this origin and end of the state; and
that old first principle of all state policy, _salus publica prima lex
esto_, indicates the same thing. If the state completely attains its end,
it will produce the same outward result as if perfect justice of
disposition prevailed everywhere. But the inner nature and origin of both
phenomena will be the converse. Thus in the second case it would be that
no one wished to _do_ wrong, and in the first that no one wished to
_suffer_ wrong, and the means appropriate to this end had been fully
employed.