Section II. Mind Objective.
§ 483. The objective Mind is the absolute Idea, but only existing in posse: and as it is thus on the territory of finitude, its actual rationality retains the aspect of external apparency. The free will finds itself immediately confronted by differences which arise from the circumstance that freedom is its inward function and aim, and is in relation to an external and already subsisting objectivity, which splits up into different heads: viz. anthropological data (i.e. private and personal needs), external things of nature which exist for consciousness, and the ties of relation between individual wills which are conscious of their own diversity and particularity. These aspects constitute the external material for the embodiment of the will.
§ 484. But the purposive action of this will is to realise its concept, Liberty, in these externally-objective aspects, making the latter a world moulded by the former, which in it is thus at home with itself, locked together with it: the concept accordingly perfected to the Idea. Liberty, shaped into the actuality of a world, receives the form of Necessity the deeper substantial nexus of which is the system or organisation of the principles of liberty, whilst its phenomenal nexus is power or authority, [pg 104] and the sentiment of obedience awakened in consciousness.
§ 485. This unity of the rational will with the single will (this being the peculiar and immediate medium in which the former is actualised) constitutes the simple actuality of liberty. As it (and its content) belongs to thought, and is the virtual universal, the content has its right and true character only in the form of universality. When invested with this character for the intelligent consciousness, or instituted as an authoritative power, it is a Law150. When, on the other hand, the content is freed from the mixedness and fortuitousness, attaching to it in the practical feeling and in impulse, and is set and grafted in the individual will, not in the form of impulse, but in its universality, so as to become its habit, temper and character, it exists as manner and custom, or Usage151.
§ 486. This “reality,” in general, where free will has existence, is the Law (Right),—the term being taken in a comprehensive sense not merely as the limited juristic law, but as the actual body of all the conditions of freedom. These conditions, in relation to the subjective will, where they, being universal, ought to have and can only have their existence, are its Duties; whereas as its temper and habit they are Manners. What is a right is also a duty, and what is a duty, is also a right. For a mode of existence is a right, only as a consequence of the free substantial will: and the same content of fact, when referred to the will distinguished as subjective and individual, is a duty. It is the same content which the subjective consciousness recognises as a duty, and brings into existence in these several wills. The finitude of the objective will thus creates the semblance of a distinction between rights and duties.
[pg 105]In the phenomenal range right and duty are correlata, at least in the sense that to a right on my part corresponds a duty in some one else. But, in the light of the concept, my right to a thing is not merely possession, but as possession by a person it is property, or legal possession, and it is a duty to possess things as property, i.e. to be as a person. Translated into the phenomenal relationship, viz. relation to another person—this grows into the duty of some one else to respect my right. In the morality of the conscience, duty in general is in me—a free subject—at the same time a right of my subjective will or disposition. But in this individualist moral sphere, there arises the division between what is only inward purpose (disposition or intention), which only has its being in me and is merely subjective duty, and the actualisation of that purpose: and with this division a contingency and imperfection which makes the inadequacy of mere individualistic morality. In social ethics these two parts have reached their truth, their absolute unity; although even right and duty return to one another and combine by means of certain adjustments and under the guise of necessity. The rights of the father of the family over its members are equally duties towards them; just as the children's duty of obedience is their right to be educated to the liberty of manhood. The penal judicature of a government, its rights of administration, &c., are no less its duties to punish, to administer, &c.; as the services of the members of the State in dues, military services, &c., are duties and yet their right to the protection of their private property and of the general substantial life in which they have their root. All the aims of society and the State are the private aim of the individuals. But the set of adjustments, by which their duties come back to them as the exercise and enjoyment of right, [pg 106] produces an appearance of diversity: and this diversity is increased by the variety of shapes which value assumes in the course of exchange, though it remains intrinsically the same. Still it holds fundamentally good that he who has no rights has no duties and vice versa.
Distribution.
§ 487. The free will is
A. itself at first immediate, and hence as a single being—the person: the existence which the person gives to its liberty is property. The Right as right (law) is formal, abstract right.
B. When the will is reflected into self, so as to have its existence inside it, and to be thus at the same time characterised as a particular, it is the right of the subjective will, morality of the individual conscience.
C. When the free will is the substantial will, made actual in the subject and conformable to its concept and rendered a totality of necessity,—it is the ethics of actual life in family, civil society, and state.
Sub-Section A. Law.152
(a) Property.
§ 488. Mind, in the immediacy of its self-secured liberty, is an individual, but one that knows its individuality as an absolutely free will: it is a person, in whom the inward sense of this freedom, as in itself still abstract and empty, has its particularity and fulfilment not yet on its own part, but on an external thing. This thing, as something devoid of will, has no rights against the subjectivity of intelligence and volition, and is by that subjectivity made adjectival to it, the external sphere of its liberty;—possession.
§ 489. By the judgment of possession, at first in the outward appropriation, the thing acquires the predicate of “mine.” But this predicate, on its own account merely “practical,” has here the signification that I import my personal will into the thing. As so characterised, possession is property, which as possession is a means, but as existence of the personality is an end.
§ 490. In his property the person is brought into union with itself. But the thing is an abstractly external thing, and the I in it is abstractly external. The concrete return of me into me in the externality is [pg 108] that I, the infinite self-relation, am as a person the repulsion of me from myself, and have the existence of my personality in the being of other persons, in my relation to them and in my recognition by them, which is thus mutual.
§ 491. The thing is the mean by which the extremes meet in one. These extremes are the persons who, in the knowledge of their identity as free, are simultaneously mutually independent. For them my will has its definite recognisable existence in the thing by the immediate bodily act of taking possession, or by the formation of the thing or, it may be, by mere designation of it.
§ 492. The casual aspect of property is that I place my will in this thing: so far my will is arbitrary, I can just as well put it in it as not,—just as well withdraw it as not. But so far as my will lies in a thing, it is only I who can withdraw it: it is only with my will that the thing can pass to another, whose property it similarly becomes only with his will:—Contract.
(b) Contract.
§ 493. The two wills and their agreement in the contract are as an internal state of mind different from its realisation in the performance. The comparatively “ideal” utterance (of contract) in the stipulation contains the actual surrender of a property by the one, its changing hands, and its acceptance by the other will. The contract is thus thoroughly binding: it does not need the performance of the one or the other to become so—otherwise we should have an infinite regress or infinite division of thing, labour, and time. The utterance in the stipulation is complete and exhaustive. The inwardness of the will which surrenders and the will which accepts the property is in the realm of ideation, [pg 109] and in that realm the word is deed and thing (§ 462)—the full and complete deed, since here the conscientiousness of the will does not come under consideration (as to whether the thing is meant in earnest or is a deception), and the will refers only to the external thing.
§ 494. Thus in the stipulation we have the substantial being of the contract standing out in distinction from its real utterance in the performance, which is brought down to a mere sequel. In this way there is put into the thing or performance a distinction between its immediate specific quality and its substantial being or value, meaning by value the quantitative terms into which that qualitative feature has been translated. One piece of property is thus made comparable with another, and may be made equivalent to a thing which is (in quality) wholly heterogeneous. It is thus treated in general as an abstract, universal thing or commodity.
§ 495. The contract, as an agreement which has a voluntary origin and deals with a casual commodity, involves at the same time the giving to this “accidental” will a positive fixity. This will may just as well not be conformable to law (right), and, in that case, produces a wrong: by which however the absolute law (right) is not superseded, but only a relationship originated of right to wrong.
(c) Right versus Wrong.
§ 496. Law (right) considered as the realisation of liberty in externals, breaks up into a multiplicity of relations to this external sphere and to other persons (§§ 491, 493 seqq.). In this way there are (1) several titles or grounds at law, of which (seeing that property both on the personal and the real side is exclusively individual) only one is the right, but which, because they face each other, each and all are invested with a show [pg 110] of right, against which the former is defined as the intrinsically right.
§ 497. Now so long as (compared against this show) the one intrinsically right, still presumed identical with the several titles, is affirmed, willed, and recognised, the only diversity lies in this, that the special thing is subsumed under the one law or right by the particular will of these several persons. This is naïve, non-malicious wrong. Such wrong in the several claimants is a simple negative judgment, expressing the civil suit. To settle it there is required a third judgment, which, as the judgment of the intrinsically right, is disinterested, and a power of giving the one right existence as against that semblance.
§ 498. But (2) if the semblance of right is willed as such against right intrinsical by the particular will, which thus becomes wicked, then the external recognition of right is separated from the right's true value; and while the former only is respected, the latter is violated. This gives the wrong of fraud—the infinite judgment as identical (§ 173),—where the nominal relation is retained, but the sterling value is let slip.
§ 499. (3) Finally, the particular will sets itself in opposition to the intrinsic right by negating that right itself as well as its recognition or semblance. [Here there is a negatively infinite judgment (§ 173) in which there is denied the class as a whole, and not merely the particular mode—in this case the apparent recognition.] Thus the will is violently wicked, and commits a crime.
§ 500. As an outrage on right, such an action is essentially and actually null. In it the agent, as a volitional and intelligent being, sets up a law—a law however which is nominal and recognised by him only—a universal which holds good for him, and under which [pg 111] he has at the same time subsumed himself by his action. To display the nullity of such an act, to carry out simultaneously this nominal law and the intrinsic right, in the first instance by means of a subjective individual will, is the work of Revenge. But, revenge, starting from the interest of an immediate particular personality, is at the same time only a new outrage; and so on without end. This progression, like the last, abolishes itself in a third judgment, which is disinterested—punishment.
§ 501. The instrumentality by which authority is given to intrinsic right is (α) that a particular will, that of the judge, being conformable to the right, has an interest to turn against the crime (—which in the first instance, in revenge, is a matter of chance), and (β) that an executive power (also in the first instance casual) negates the negation of right that was created by the criminal. This negation of right has its existence in the will of the criminal; and consequently revenge or punishment directs itself against the person or property of the criminal and exercises coercion upon him. It is in this legal sphere that coercion in general has possible scope,—compulsion against the thing, in seizing and maintaining it against another's seizure: for in this sphere the will has its existence immediately in externals as such, or in corporeity, and can be seized only in this quarter. But more than possible compulsion is not, so long as I can withdraw myself as free from every mode of existence, even from the range of all existence, i.e. from life. It is legal only as abolishing a first and original compulsion.
§ 502. A distinction has thus emerged between the law (right) and the subjective will. The “reality” of right, which the personal will in the first instance gives itself in immediate wise, is seen to be due to the [pg 112] instrumentality of the subjective will,—whose influence as on one hand it gives existence to the essential right, so may on the other cut itself off from and oppose itself to it. Conversely, the claim of the subjective will to be in this abstraction a power over the law of right is null and empty of itself: it gets truth and reality essentially only so far as that will in itself realises the reasonable will. As such it is morality153 proper.
The phrase “Law of Nature,” or Natural Right154, in use for the philosophy of law involves the ambiguity that it may mean either right as something existing ready-formed in nature, or right as governed by the nature of things, i.e. by the notion. The former used to be the common meaning, accompanied with the fiction of a state of nature, in which the law of nature should hold sway; whereas the social and political state rather required and implied a restriction of liberty and a sacrifice of natural rights. The real fact is that the whole law and its every article are based on free personality alone,—on self-determination or autonomy, which is the very contrary of determination by nature. The law of nature—strictly so called—is for that reason the predominance of the strong and the reign of force, and a state of nature a state of violence and wrong, of which nothing truer can be said than that one ought to depart from it. The social state, on the other hand, is the condition in which alone right has its actuality: what is to be restricted and sacrificed is just the wilfulness and violence of the state of nature.
Sub-Section B. The Morality Of Conscience155.
§ 503. The free individual, who, in mere law, counts only as a person, is now characterised as a subject, a will reflected into itself so that, be its affection what it may, it is distinguished (as existing in it) as its own from the existence of freedom in an external thing. Because the affection of the will is thus inwardised, the will is at the same time made a particular, and there arise further particularisations of it and relations of these to one another. This affection is partly the essential and implicit will, the reason of the will, the essential basis of law and moral life: partly it is the existent volition, which is before us and throws itself into actual deeds, and thus comes into relationship with the former. The subjective will is morally free, so far as these features are its inward institution, its own, and willed by it. Its utterance in deed with this freedom is an action, in the externality of which it only admits as its own, and allows to be imputed to it, so much as it has consciously willed.
This subjective or “moral” freedom is what a European especially calls freedom. In virtue of the right thereto a man must possess a personal knowledge of the distinction between good and evil in general: ethical and [pg 114] religious principles shall not merely lay their claim on him as external laws and precepts of authority to be obeyed, but have their assent, recognition, or even justification in his heart, sentiment, conscience, intelligence, &c. The subjectivity of the will in itself is its supreme aim and absolutely essential to it.
The “moral” must be taken in the wider sense in which it does not signify the morally good merely. In French le moral is opposed to le physique, and means the mental or intellectual in general. But here the moral signifies volitional mode, so far as it is in the interior of the will in general; it thus includes purpose and intention,—and also moral wickedness.
a. Purpose156.
§ 504. So far as the action comes into immediate touch with existence, my part in it is to this extent formal, that external existence is also independent of the agent. This externality can pervert his action and bring to light something else than lay in it. Now, though any alteration as such, which is set on foot by the subject's action, is its deed157, still the subject does not for that reason recognise it as its action158, but only admits as its own that existence in the deed which lay in its knowledge and will, which was its purpose. Only for that does it hold itself responsible.
b. Intention and Welfare159.
§ 505. As regards its empirically concrete content (1) the action has a variety of particular aspects and connexions. In point of form, the agent must have known and willed the action in its essential feature, embracing these individual points. This is the right of [pg 115] intention. While purpose affects only the immediate fact of existence, intention regards the underlying essence and aim thereof. (2) The agent has no less the right to see that the particularity of content in the action, in point of its matter, is not something external to him, but is a particularity of his own,—that it contains his needs, interests, and aims. These aims, when similarly comprehended in a single aim, as in happiness (§ 479), constitute his well-being. This is the right to well-being. Happiness (good fortune) is distinguished from well-being only in this, that happiness implies no more than some sort of immediate existence, whereas well-being regards it as also justified as regards morality.
§ 506. But the essentiality of the intention is in the first instance the abstract form of generality. Reflection can put in this form this and that particular aspect in the empirically-concrete action, thus making it essential to the intention or restricting the intention to it. In this way the supposed essentiality of the intention and the real essentiality of the action may be brought into the greatest contradiction—e.g. a good intention in case of a crime. Similarly well-being is abstract and may be set on this or that: as appertaining to this single agent, it is always something particular.
c. Goodness and Wickedness160.
§ 507. The truth of these particularities and the concrete unity of their formalism is the content of the universal, essential and actual, will,—the law and underlying essence of every phase of volition, the essential and actual good. It is thus the absolute final aim of the world, and duty for the agent who ought [pg 116] to have insight into the good, make it his intention and bring it about by his activity.
§ 508. But though the good is the universal of will—a universal determined in itself,—and thus including in it particularity,—still so far as this particularity is in the first instance still abstract, there is no principle at hand to determine it. Such determination therefore starts up also outside that universal; and as heteronomy or determinance of a will which is free and has rights of its own, there awakes here the deepest contradiction. (α) In consequence of the indeterminate determinism of the good, there are always several sorts of good and many kinds of duties, the variety of which is a dialectic of one against another and brings them into collision. At the same time because good is one, they ought to stand in harmony; and yet each of them, though it is a particular duty, is as good and as duty absolute. It falls upon the agent to be the dialectic which, superseding this absolute claim of each, concludes such a combination of them as excludes the rest.
§ 509. (β) To the agent, who in his existent sphere of liberty is essentially as a particular, his interest and welfare must, on account of that existent sphere of liberty, be essentially an aim and therefore a duty. But at the same time in aiming at the good, which is the not-particular but only universal of the will, the particular interest ought not to be a constituent motive. On account of this independency of the two principles of action, it is likewise an accident whether they harmonise. And yet they ought to harmonise, because the agent, as individual and universal, is always fundamentally one identity.
(γ) But the agent is not only a mere particular in his existence; it is also a form of his existence to be an abstract self-certainty, an abstract reflection of freedom [pg 117] into himself. He is thus distinct from the reason in the will, and capable of making the universal itself a particular and in that way a semblance. The good is thus reduced to the level of a mere “may happen” for the agent, who can therefore resolve itself to somewhat opposite to the good, can be wicked.
§ 510. (δ) The external objectivity, following the distinction which has arisen in the subjective will (§ 503), constitutes a peculiar world of its own,—another extreme which stands in no rapport with the internal will-determination. It is thus a matter of chance, whether it harmonises with the subjective aims, whether the good is realised, and the wicked, an aim essentially and actually null, nullified in it: it is no less matter of chance whether the agent finds in it his well-being, and more precisely whether in the world the good agent is happy and the wicked unhappy. But at the same time the world ought to allow the good action, the essential thing, to be carried out in it; it ought to grant the good agent the satisfaction of his particular interest, and refuse it to the wicked; just as it ought also to make the wicked itself null and void.
§ 511. The all-round contradiction, expressed by this repeated ought, with its absoluteness which yet at the same time is not—contains the most abstract 'analysis' of the mind in itself, its deepest descent into itself. The only relation the self-contradictory principles have to one another is in the abstract certainty of self; and for this infinitude of subjectivity the universal will, good, right, and duty, no more exist than not. The subjectivity alone is aware of itself as choosing and deciding. This pure self-certitude, rising to its pitch, appears in the two directly inter-changing forms—of Conscience and Wickedness. The former is the will of goodness; but a goodness which to this pure subjectivity is the [pg 118] non-objective, non-universal, the unutterable; and over which the agent is conscious that he in his individuality has the decision. Wickedness is the same awareness that the single self possesses the decision, so far as the single self does not merely remain in this abstraction, but takes up the content of a subjective interest contrary to the good.
§ 512. This supreme pitch of the “phenomenon” of will,—sublimating itself to this absolute vanity—to a goodness, which has no objectivity, but is only sure of itself, and a self-assurance which involves the nullification of the universal—collapses by its own force. Wickedness, as the most intimate reflection of subjectivity itself, in opposition to the objective and universal, (which it treats as mere sham,) is the same as the good sentiment of abstract goodness, which reserves to the subjectivity the determination thereof:—the utterly abstract semblance, the bare perversion and annihilation of itself. The result, the truth of this semblance, is, on its negative side, the absolute nullity of this volition which would fain hold its own against the good, and of the good, which would only be abstract. On the affirmative side, in the notion, this semblance thus collapsing is the same simple universality of the will, which is the good. The subjectivity, in this its identity with the good, is only the infinite form, which actualises and developes it. In this way the standpoint of bare reciprocity between two independent sides,—the standpoint of the ought, is abandoned, and we have passed into the field of ethical life.