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The Philosophy of Right is the ultimate manifestation of Hegel’s political teaching. Essential elements such as ethical life, morality, family and law that construct civil society are found in these



The Philosophy of Right is the ultimate manifestation of Hegel’s political teaching. Essential elements such as ethical life, morality, family and law that construct civil society are found in these writings. Indeed, Hegel explains reality through fundamental principles, and uses facts such as state, religion and history to analyze aspects of both social and political life. Other important fundamentals may be found in his Phenomenology of Spirit, Science of Logic, and The Philosophy of History. While these writings give a detailed approach to philosophical thinking, they add to the notion of logic and reason, where the concept of Idea is expressed, as discussed in the Philosophy of Right. Hegel’s political thought, however, can be understood without constant reference to his systematic explanations. The most distinctive characteristics of his philosophy of society and state are confronted through detailed analyses of critical phases of civilization. It is the purpose of this essay to investigate Hegel’s ideas on the social and political existence in regards to society and state.

 

In this essay, I will first discuss Hegel’s understanding of ethical life and human nature. I will also take into consideration the concept of civil societies and nation-states and how Hegel’s idealism plays a vital role in world history. My conclusion will argue for a radical approach of understanding Hegel’s conflicting views, which bring a new attitude and interpretation of the world.

 

The questions we need to ask are: Is man good by nature as Hegel claims? What defines human nature by using the Hegelian philosophical approach? And how does the individual maintain his freedom by being a subject to both civil life and state duties? These are some critical issues questions that are discussed in Hegel’s Philosophy of Right. Each individual exercises human rights and free will in social and political life. Hegel defines right as a positive thing, which originates in the spirit and in the will, whereas the will itself is the “content and work of its freedom” (Philosophy of Right, 25). In other words, the natural will is determined by the force of nature and is rational in its self-consciousness.

 

Thus, the will becomes universal, because it limits the individual by all means. The desires, the achievements and happiness are consequences of such reality. Then, how does the individual become ethical, moral and valid? How does one define whether an action is right or wrong, good or evil? Hegel finds answers by looking at the notion of morality. From his point of view, morality is tied to the will, which is “in itself but for itself” (Right, 76). In this case, the person has to take into account the inner self, and the external, which includes the will of others and their well-being. The purpose behind ones action is understood by its consequence.

 

Here, Hegel introduces two important terms, objectivity and subjectively, by which he explains many important concepts such as will, freedom, the individual and state. For example, in subjectivity, the Notion exists “for itself” in objectivity, the Notion becomes “in-and-for-itself.” When talking about will, it is subjective in its own individuality and self-consciousness. Subjective will is valid only if the individual’s intentions and purposes are good. Will becomes objective “only by the execution of its ends” (Right, 31). According to Hegel, an action is right or wrong, good or evil depending on the action’s objectivity. When considering the state, the objective actuality of the right is defined through first, the idea of being known and recognized, and secondly, in possessing power in the actual being; whereas the subjective self-seeking is defined through one’s needs, satisfactions and contributions.

 

Objective Logics starts the concept of Notion, whereas subjective Logics further develops the concept of Notion. In Hegel’s system Subjectivity is the first part of The Notion, followed by objectivity and the Idea. Objectivity refers to the process of recognizing the object itself. Objective Logic for example deals with how a new principle or social movement comes into being, after going through various conflicting forms it finally achieves self-consciousness. While subjective logic deals with how a new principle develops, merging with other principles and developing into a whole science. For example, in the life of social movements, the subjective logic deals with the internal life of an organisation or movement, the levels of maturity and development of the program are seen throught exercising and transforming into the general life of society.



 

Therefore, Hegel concludes that subjective knowing with objective principles don’t have true meaning until the notion of ethical life is present. It is the individual’s duty and the moral thing to do, to do the right thing and to care about the welfare of others. The solution of conflicts between subjectivity and objectivity takes place through The Idea, which is understood through three important stages: Life, Cognition and The Absolute Idea, which is found in the true sence of the conscious practical activity.

 

In the system of Hegel’s Logic, the “Idea” is third and final stage of development of the Notion. The Idea represents an opinion, but nothing is actual except the Idea itself. This is a very abstract approach. The Idea then, unifies both, the subject and the object and further develops the notion of Absoloute Idea. The Absolute Idea is the unifying means of the Being and the Notion. Thus the Idea represents process of a developed principle, which is subjective notion. The notion then becomes objective when it is able to transform all the other principles in the world around it. According to Hegel, the Idea is the mature stage of development of a Notion and it represents a science which has influenced other disciplines, as reflected through the cultural developments of the community.

 

The question then raizes, is Idea with us in birth? Hegel explains so by claiming that the concept of Idea lies only in mind, (the ethical idea equals state) as something knowing itself and it becomes actual, because it is the objectification of itself. It is therefore:

 

(A) ethical mind in its natural phase- The Family. This loses its unity, into the

 

phase of relation into

 

(B) Civil Society- an association of members as self-subsistent individuals, which makes the concept abstract. Their relationship is defined by their needs, by the legal system- the means of security of person and property- and by an external organization to fulfil their common interests. This external state

 

(C) is brought back to unify the Constitution of the State, which is the end of

 

the universal order and the public life (Theories, 95).

 

The state is the actuality of the ethical Idea (Right, 155). The actual idea is in mind and it reveals itself through concepts, family, civil society. The laws regulating family and civil society are the institutions of the rational order, which are reflected through them. But the ground and final truth of these institutions is mind, their universal end and known objective. The family too is ethical, only its end is not known to be so, while it is the separation between one man and another, which makes civil society what it is.

 

In order to understand the concept of Idea, from the Hegelian perspective, one has take a look at the ethical life, which is developed through the performances and practised duties of individuals in three main aspects of life that include family, civil society and the state. Any progressive and social change, wheather that includes religon, economy, state, law or politics, has already taken place in advance in “thought.” When analyzing these changes, Hegel rejects idealism and adopts the dialectic method. Idealism depends on the identification of the process, whereas the dialectic depends on the applicability of the essential characters such as law and other matters. Therefore, through the dialectic development, creates a realtionship within institutions that identify with aspects of the economy, politcs, social, legal and morality that are in fact socially interdependant.

 

The dialictic reveals the relationships within society and history. Furthermore, the method reveals the dependancy between these relationships and was later adopted by Karl Marx, who used the dialectic method to explain the concepts of communism and socialism, setting grounds for scientific superiority. Hegel used the dialectic to explain the records of individual, and how the necessity of history represents the growth of the mentality of the nations, which also reveals all phases of its culture. This statement gave the notion of state a new meaning and remained true for the Germanic nation during 19th century.

 

When Hegel said that Germany must become a state, he meant that the social and national life of Germany depend on this notion and its consequences. Thus, the dialectic combines the moral judgement, the will and the law to result in a historical development. How does individualism then, become true in the notion of political realities? When looking at the individual, Hegel looks at the importance of relationship between the human individual and the social and economic instituion. The individual is able to live a personal life, and also exercise his duties to the nation. This was true for France and Engalnd, where the individual did exercise such rights, and expressed their defense mechanism of their private judgemtns and individual freedom against any actions of the state, through revolution. But this was not the case in Germany, because the revolution hadn’t happened.

 

Therefore, Hegel gave the concept of individualism, in the Germanic society a new approach, by first identifying the rights of the individual and by regarding the individual as a member of society, and secondly by identifying the state and the individual as member of the state. The dialectic method, which expoited the German national socialism, accepted subjectivism, where rational standarts cannot be applied to social problems. In additon, Hegel holds a logical realist view when explaining causes in history, where the general forces are involved, not the individual and events.

 

How does Hegel explain the concept of state and civil society? Hegel’s political theories make a clear destinction between civil society and state. For Hegel the state is not a ulitarian institution, where its primary function include engagement in administering the law, performing police duties, and adjusting industiral and economical interests. All these functions belong to civil society. At the same time, they must be adjusted to the needs of the state, in order to have a functioning one.

 

If the state is confused with civil society, then the interest of the individual becomes the ultimate end, and the membership to the state becomes otpional. According to Hegel, the state’s relation to the individual is quite different from this. Since the state is mind objectified, it is only as one of its members that the individual itself has objectivy, which means persuing individuality and an ethical life thorugh pure and simple aims to reach the universal life.

 

From Hegel’s point of view, the state is not composed primarely of its individual citizens. The people, considered as individuals, are merely a formless mass. Only as members of classes and local communities, they require moral dignity and the right to participate in the life of the state. For Hegel, therefore, the distiction of civil society from the state is essential. The individual is “mediated” by a series of communities from the family at the bottom, through the estates and the associations in the middle, to the state at the top. The state must be concieved by principle quite different from those which govern its subordinate members. Its strenght lies precisely in this balance between the sovreign about the communities below.

 

The Idea of the state: (a) has immediate actuality and is the individual state as a self-dependent organism – the Constitution or Constitutional Law; (b) passes over into the relation of one state to other states – International Law; (c) is the universal Idea as a genus and as an absolute power over individual states – the mind which gives itself its actuality in the process of World-History. (Philosophy of Right, 160)

 

The state in its actuality is essentially an individual state, and beyond that a particular state. Individuality refers to the very Idea of the state, while particularity explains history. States are independent of one another, and they can only have external relations with one another, in order to balance powers and the right authority is exercised. Therefore the mind, which is considered the third thing, is what binds them together and serves as the absolute judge of states. Several states may form an alliance to be a sort of court with jurisdiction over others, but there are restrictions enforced to maintain the perpetual peace.

 

Hegel explains that the one and only absolute judge, which claims to be authoritative at all times, is the absolute mind which operates universally in history of the world. The essence of the modern state is that the universal be bound up with the complete freedom of its particular members and with private well-being, that thus the interests of family and civil society must concentrate themselves on the state, although the universal end cannot be advanced without the personal knowledge and will of its particular members, whose own rights must be maintained. Thus the universal must be furthered, but subjectivity on the other hand must attain its full and living development. It is only when both these moments subsist in their strength that the state can be regarded as articulated and genuinely organized.

 

Since the sovereignty of the state is the real meaning of the sovereignty of the people, according the Hegel, the will of the state is the only concrete manifestation of he will of the people (Right, 279). The concrete unity of the state’s will is demonstrated in its relations with other states. In foreign policy, the state, directed by those with the final decision, undertakes actions as a collective individual among other such individuals. In international law the states must be ground through their obligations, therefore keep the treaties. Bus since the sovereignty of a state is the principle of its relations to others, states are to that extent in a state of nature in relations to each other. Their rights are actualized only in their particular wills and not in a universal will with constitutional power over them. This universal meaning of international law does not go beyond the external entities, therefore the states exercise their rights, with restrictions on their particularity.

 

Thus the universal mind, which explains the principles of the national mind, also exists in the element of the court of judgments, known as the World History, where civil society and the national minds are ideal because of the absolute universality. All the events that shape particular developments and principles give meaning to History, which is characterized by justice, virtue, power, the strong, the weak, the individual and the national life. If the nation obtains absolute right in the world mind, the natural principles and the self-developing process of the moment of Idea are developing. The nation who embodies this concept, secures its fortune and fame, all determined by those who govern.

 

Who rules has the final say in deciding what the content of the state’s will shall be, is therefore the fundamental question. Any particular individual or group of individuals, elected or self-appointed, is bout to be partial not to represent the universal will of the nation, even if only because they must depend o their own limited insights. For this reason, there exist all of the constitutional means of removing the ultimate power of decision from the hands of particular individuals, and placing the final power decision in a body of fundamental law.

 

In today’s politics, the importance of the rule of law is to set limits on both those who govern and are governed, protecting individual rights and promoting the common good. This process is important because it contributes to a well-constructed community where the government must be fair in its procedures and decision-making to protect the interest of society. It is the rule of law, enacted by the Congress, that makes possible a system of ordered liberty that protects the basic rights of citizens. The power distributed between the three branches: the legislative, the executive and judiciary reflects the American idea on constitutional government, where each level is limited to its own functions. The legislative branch is essential in making laws and establishing policies and programs. The executive branch carries out the policies and programs contained in the laws, and the judicial branch settles any conflicts that arise from the interpretation or application of law.

 

Whilst each branch of government has its own separate responsibility, one branch cannot function without the other two branches or without the consent of the people. The decision-making of the branches of the government are key, because it gives the people the right to equal opportunity and it upholds laws that protect the rights of all people. As stated in the Fourteenth Amendment, the idea of equal protection illustrates protection for all individuals. As a result, the relationship between the government and public is reinforced.

 

Society can count on its government when all observe the Constitutional rules of the game. In America, the public good is determined by processes and commitments as defined by the Constitution. The Constitution is central to society and is supreme in its powers granted by the people. Therefore it is binding on all States. However not everything is finely detailed and “clear cut” in the constitution, this allows certain things be implied and can suggest different interpretations. Regardless, one who understands the principles of the American constitutional system of government can improve his or her own effectiveness. In addition, the individual rights to life, liberty and property are protected by the law, and increase the reliance of American on the legal system to solve social, economic and political problems.

 

The American constitutional system confirms the interest of the government on matters that directly affect some specific matters and rights of individuals. This encourages the public to get involved in political events and participate in the various political parties so that the voice of the people is represented, necessary for a free and democratic form of government.

 

Hegel’s standard of ranking constitutions is the level of freedom they contain (Right, 183t). Since freedom is rational self-determination for Hegel, the free state is also the rational state. Freedom has to sides: the individual’s choice and the rational organization and direction of the will of the community (subjective freedom). The rational constitution is possible, for Hegel, only were the ultimate power of decision is in the hands of real person whose impartiality is certain. In other words, beyond this individual, there is no higher personal authority to appeal.

 

Then how is the freedom of the individual achieved and how does the state gain its authority? The notion of freedom in regard to an individual, from the Hegelian perspective, is concerned with psychological, social ethical and political happenings. The individual rights and liberties are tied to the his duties in society, in all its phases. Therefore, freedom becomes a social phenomenon, where the individual exercises his rights through legal and moral and ethical institutions. One fnds happines and fulfiment in his self-counsicouness and social contributions.

 

The concrete freedom consists in the person’s individuality and its particular interests. According to Hegel, the state is the actuality of concrete freedom. Hegel describes the Idea of the state, by looking in modern times, where the state holds a special character by actualizing freedom in accordance with the concept of the will. The state has supreme right against the individual, whose supreme duty is to be member of the state.

 

Hegel claims that subjective and substantial freedom is interdependent in the modern constitutional monarchy. Hegel argues that the essential function of a modern European monarch is to legitimize each act of state by adding to the authoritative approval of the sovereign. His qualifications for the job in his birth into the running family; his right to rule does not rest in the particular abilities. Hegel speaks of a monarch, whose will “absolutely dependant” upon law and its application by the executive (Right, 278).

 

However, the rational functioning of the state does not depend on the contingent character and talents of the monarch; anyone can do the job. It is not even important that the monarch choose the best candidate for each job when making appointments to the executive. Ministerial and high civil service posts require competence, not personal genius. Hegel believes that the monarchy, as practiced in early nineteenth-century Europe, can solve the political problems satisfactory. Hegel never believed that the scientific administration of things would replace the political rule of man over man. Social problems ultimately require social solutions.

 

To conclude, the political philosophy of Hegel is one of the most influential theories in aspects of social and political phenomena. Hegel uses a radical approach in understanding the unity of thinking, being, otherwise known as reason itself. To define some of the most essential fundamental principles in civil society and nation-states, Hegel uses the notion of “Absolute Knowledge” where the Idea, the Mind, the knowledge is present, subject of knowledge and identical object of knowledge. In addition, the identification of subject is the essence of the concept of reason.

 

To understand the world, from the Hegelian perspective, one has to analyze moral convictions, including the will force, freedom, final decision, and by evaluating events that create conflicts in civil life. One must understand the inner constitution of itself, constituted by Law, to know the true nature of reality. When looking at state and civil society, they depend on each-others accomplishments and moral purposes, which dictate the level of dependence. The state signifies the development of the civilization and the civil society represents the causes necessities of the sate, known by its implied principles and laws. Karl Marx, who based his conclusions on Hegel, looks at society as an economic structure where Hegel, rejects idealism and explains civil society through the dialectic method.

 

Hegel attempted to construct the state and society. He also believes that human moral purpose can only be discovered through community and through the progress of the individual. Hegel possess an idealist rather then empirical conception of reason, and this influences his thoughts and understandings. In the democratic tradition of political thought, society means choices and alternatives. Hegel rejects social revolution and opposes the democratic idea of the constitution as an instrument of government, framed for desired ends. According to Hegel, the constitution should not be made, it should be something existent in and by itself, where morality is identified with the power of the state both domestically and internationally.

 

Hegel’s conflicting views bring a new attitude and interpretation of the world. His political philosophy offers a complete interpretation of reality and serves as an introduction to the philosophical system of understanding the experience of consciousness, Logic, Reason, Spirit, and Right. Furthermore, Hegel’s opposing insight on the characterization of subjective and objective logic, reflect and explain the process of “self-realization” and bring new speculations to the philosophical thinking of “self-certainty” and “consciousness.”


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