LITMIR.BIZ

Скачать книгу

limits of this dependence. But the subjective will has also a substantial life, a reality, in which it moves in the region of essential being and has the essential itself as the object of its existence. This essential being is the union of the subjective with the rational will; it is the moral whole, the State, which is that form of reality in which the individual has and enjoys his freedom, but on the condition of his recognizing, believing in, and willing that which is common to the whole. And this must not be understood as if the subjective will of the social unit attained its gratification and enjoyment through that common will, as if this were a means provided for its benefit, as if the individual, in his relations to other individuals, thus limited his freedom, in order that this universal limitation, the mutual constraint of all, might secure a small space of liberty for each. Rather, we affirm, are law, morality, government, and these alone, the positive reality and completion of freedom. Freedom of a low and limited order is mere caprice, which finds its exercise in the sphere of particular and limited desires.

      Subjective volition, passion, is that which sets men in activity, that which effects "practical" realization. The Idea is the inner spring of action; the State is the actually existing, realized moral life. For it is the unity of the universal, essential will, with that of the individual; and this is "morality." The individual living in this unity has a moral life and possesses a value that consists in this substantiality alone. Sophocles in his Antigone says, "The divine commands are not of yesterday, nor of today; no, they have an infinite existence, and no one could say whence they came." The laws of morality are not accidental, but are the essentially rational. It is the very object of the State that what is essential in the practical activity of men and in their dispositions should be duly recognized; that it should have a manifest existence and maintain its position. It is the absolute interest of Reason that this moral whole should exist; and herein lies the justification and merit of heroes who have founded States, however rude these may have been. In the history of the world, only those peoples can come under our notice which form a State; for it must be understood that the State is the realization of freedom, i. e., of the absolute final aim, and that it exists for its own sake. It must further be understood that all the worth which the human being possesses—all spiritual reality—he possesses only through the State. For his spiritual reality consists in this, that his own essence, Reason, is objectively present to him, that it possesses objective immediate existence for him. Thus only is he fully conscious; thus only is he a partaker of morality, of a just and moral social and political life. For truth is the unity of the universal and subjective will; and the universal is to be found in the State, in its laws, and in its universal and rational arrangements. The State is the Divine Idea as it exists on earth. We have in it, therefore, the object of history in a more definite shape than before—that in which freedom obtains objectivity and lives in the enjoyment of this objectivity. For law is the objectivity of Spirit, volition in its true form. Only that will which obeys law is free; for it obeys itself—it is independent and, therefore, free. When the State or our country constitutes a community of existence, when the subjective will of man submits to laws, the contradiction between liberty and necessity vanishes. The rational has necessary existence, as being the reality and substance of things, and we are free in recognizing it as law and following it as the substance of our own being. The objective and the subjective will are then reconciled and present one identical homogeneous whole. For the morality (Sittlichkeit) of the State is not of that ethical (moralische) reflective kind, in which one's own conviction bears sway; the latter is rather the peculiarity of the modern time, while the true antique morality is based on the principle of abiding by one's duty (to the State at large). An Athenian citizen did what was required of him, as it were from instinct; but if I reflect on the object of my activity I must have the consciousness that my will has been called into exercise. But morality is duty—substantial right, a "second nature," as it has been justly called; for the first nature of man is his primary, merely animal, existence.

      The development in extenso of the idea of the State belongs to the philosophy of jurisprudence; but it must be observed that in the theories of our time various errors are current respecting it, which pass for established truths and have become fixed prejudices. We will mention only a few of them, giving prominence to such as have a reference to the object of our history.

      The error which first meets us is the direct opposite of our principle that the State presents the realization of freedom—the opinion—that man is free by nature, but that in society, in the State, to which nevertheless he is irresistibly impelled, he must limit this natural freedom. That man is free by nature is quite correct in one sense, namely, that he is so according to the idea of humanity; but we imply thereby that he is such only in virtue of his destiny—that he has an undeveloped power to become such; for the "nature" of an object is exactly synonymous with its "idea." But the view in question imports more than this. When man is spoken of as "free by nature," the mode of his existence as well as his destiny is implied; his merely natural and primary condition is intended. In this sense a "state of nature" is assumed in which mankind at large is in the possession of its natural rights with the unconstrained exercise and enjoyment of its freedom. This assumption is not raised to the dignity of the historical fact; it would indeed be difficult, were the attempt seriously made, to point out any such condition as actually existing or as having ever occurred. Examples of a savage state of life can be pointed out, but they are marked by brutal passions and deeds of violence; while, however rude and simple their, conditions, they involve social arrangements which, to use the common phrase, "restrain freedom." That assumption is one of those nebulous images which theory produces, an idea which it cannot avoid originating, but which it fathers upon real existence without sufficient historical justification.

      What we find such a state of nature to be, in actual experience, answers exactly to the idea of a merely natural condition. Freedom as the ideal of that which is original and natural does not exist as original and natural; rather must it first be sought out and won, and that by an incalculable medial discipline of the intellectual and moral powers. The state of nature is, therefore, predominantly that of injustice and violence, of untamed natural impulses, of inhuman deeds and feelings. Limitation is certainly produced by society and the State, but it is a limitation of the mere brute emotions and rude instincts, as also, in a more advanced stage of culture, of the premeditated self-will of caprice and passion. This kind of constraint is part of the instrumentality by which only the consciousness of freedom and the desire for its attainment, in its true—that is, its rational and ideal form—can be obtained. To the ideal of freedom, law and morality are indispensably requisite; and they are, in and for themselves, universal existences, objects, and aims, which are discovered only by the activity of thought, separating itself from the merely sensuous and developing itself in opposition thereto, and which must, on the other hand, be introduced into and incorporated with the originally sensuous will, and that contrarily to its natural inclination. The perpetually recurring misapprehension of freedom consists in regarding that term only in its formal, subjective sense, abstracted from its essential objects and aims; thus a constraint put upon impulse, desire, passion—pertaining to the particular individual as such—a limitation of caprice and self-will is regarded as a fettering of freedom. We should, on the contrary, look upon such limitation as the indispensable proviso of emancipation. Society and the State are the very conditions in which freedom is realized.

      We must notice a second view, contravening the principle of the development of moral relations into a legal form. The patriarchal condition is regarded, either in reference to the entire race of man or to some branches of it, as exclusively that condition of things in which the legal element is combined with a due recognition of the moral and emotional parts of our nature, and in which justice, as united with these, truly influences the intercourse of the social units. The basis of the patriarchal condition is the family relation, which develops the primary form of conscious morality, succeeded by that of the State as its second phase. The patriarchal condition is one of transition, in which the family has already advanced to the position of a race of people, where the union, therefore, has already ceased to be simply a bond of love and confidence and has become one of plighted service.

      We must first examine the ethical principle of the Family, which may be reckoned as virtually a single person, since its members have either mutually surrendered their individual personality and consequently their legal position toward one another, with the rest of their particular interests and desires, as in the

Скачать книгу