The German Classics of the Nineteenth and Twentieth Centuries, Volume 07. Коллектив авторов
place. Of course we are not intending to investigate these three phases here; they have only suggested themselves in virtue of their occupying the same general ground as the object here considered the State.
THE PHILOSOPHY OF LAW (1832)
TRANSLATED BY J. LOEWENBERG, PH.D. Assistant in Philosophy, Harvard University
The State is the realization of the ethical idea. It is the ethical spirit as revealed, self-conscious, substantial will. It is the will which thinks and knows itself, and carries out what it knows, and in so far as it knows. The unreflected existence of the State rests on custom, and its reflected existence on the self-consciousness of the individual, on his knowledge and activity. The individual, in return, has his substantial freedom in the State, as the essence, purpose, and product of his activity.
The true State is the ethical whole and the realization of freedom. It is the absolute purpose of reason that freedom should be realized. The State is the spirit, which lives in the world and there realizes itself consciously; while in nature it is actual only as its own other or as dormant spirit. Only as present in consciousness, knowing itself as an existing object, is it the State. The State is the march of God through the world, its ground is the power of reason realizing itself as will. The idea of the State should not connote any particular State, or particular institution; one must rather consider the Idea only, this actual God, by itself. Because it is more easy to find defects than to grasp the positive meaning, one readily falls into the mistake of emphasizing so much the particular nature of the State as to overlook its inner organic essence. The State is no work of art. It exists in the world, and thus in the realm of caprice, accident, and error. Evil behavior toward it may disfigure it on many sides. But the ugliest man, the criminal, the invalid, and the cripple, are still living human beings. The affirmative, life, persists in spite of defects, and it is this affirmative which alone is here in question.
In the State, everything depends upon the unity of the universal and the particular. In the ancient States the subjective purpose was absolutely one with the will of the State. In modern times, on the contrary, we demand an individual opinion, an individual will and conscience. The ancients had none of these in the modern sense; the final thing for them was the will of the State. While in Asiatic despotisms the individual had no inner self and no self-justification, in the modern world man demands to be honored for the sake of his subjective individuality.
The union of duty and right has the twofold aspect that what the State demands as duty should directly be the right of the individual, since the State is nothing but the organization of the concept of freedom. The determinations of the individual will are given by the State objectivity, and it is through the State alone that they attain truth and realization. The State is the sole condition of the attainment of the particular end and good.
Political disposition, called patriotism—the assurance resting in truth and the will which has become a custom—is simply the result of the institutions subsisting in the State, institutions in which reason is actually present.
Under patriotism one frequently understands a mere willingness to perform extraordinary acts and sacrifices. But patriotism is essentially the sentiment of regarding, in the ordinary circumstances and ways of life, the weal of the community as the substantial basis and the final end. It is upon this consciousness, present in the ordinary course of life and under all circumstances, that the disposition to heroic effort is founded. But as people are often rather magnanimous than just, they easily persuade themselves that they possess the heroic kind of patriotism, in order to save themselves the trouble of having the truly patriotic sentiment, or to excuse the lack of it.
Political sentiment, as appearance, must be distinguished from what people truly will. What they at bottom will is the real cause, but they cling to particular interests and delight in the vain contemplation of improvements. The conviction of the necessary stability of the State in which alone the particular interests can be realized, people indeed possess, but custom makes invisible that upon which our whole existence rests; it does not occur to any one, when he safely passes through the streets at night, that it could be otherwise. The habit of safety has become a second nature, and we do not reflect that it is the result of the activity of special institutions. It is through force this is frequently the superficial opinion-that the State coheres, but what alone holds it together is the fundamental sense of order, which is possessed by all.
The State is an organism or the development of the idea into its differences. These different sides are the different powers of the State with their functions and activities, by means of which the universal is constantly and necessarily producing itself, and, being presupposed in its own productive function, it is thus always actively present. This organism is the political constitution. It eternally springs from the State, just as the State in turn maintains itself through the constitution. If these two things fall asunder, if both different sides become independent of each other, then the unity which the constitution produces is no longer operative; the fable of the stomach and the other organs may be applied to it. It is the nature of an organism that all its parts must constitute a certain unity; if one part asserts its independence the other parts must go to destruction. No predicates, principles, and the like suffice to express the nature of the State; it must be comprehended as an organism.
The State is real, and its reality consists in the interest of the whole being realized in particular ends. Actuality is always the unity of universality and particularity, and the differentiation of the universal into particular ends. These particular ends seem independent, though they are borne and sustained by the whole only. In so far as this unity is absent, no thing is real, though it may exist. A bad State is one which merely exists. A sick body also exists; but it has no true reality. A hand, which is cut off, still looks like a hand and exists, but it has no reality. True reality is necessity. What is real is internally necessary.
To the complete State belongs, essentially, consciousness and thought. The State knows thus what it wills, and it knows it under the form of thought.
The essential difference between the State and religion consists in that the commands of the State have the form of legal duty, irrespective of the feelings accompanying their performance; the sphere of religion, on the other hand, is in the inner life. Just as the State, were it to frame its commands as religion does, would endanger the right of the inner life, so the church, if it acts as a State and imposes punishment, degenerates into a tyrannical religion.
In the State one must want nothing which is not an expression of rationality. The State is the world which the spirit has made for itself; it has therefore a determinate and self-conscious course. One often speaks of the wisdom of God in nature, but one must not believe that the physical world of nature is higher than the world of spirit. Just as spirit is superior to nature, so is the State superior to the physical life. We must therefore adore the State as the manifestation of the divine on earth, and consider that, if it is difficult to comprehend nature, it is infinitely harder to grasp the essence of the State. It is an important fact that we, in modern times, have attained definite insight into the State in general and are much engaged in discussing and making constitutions; but that does not advance the problem much. It is necessary to treat a rational matter in the light of reason, in order to learn its essential nature and to know that the obvious does not always constitute the essential.
When we speak of the different functions of the powers of the State, we must not fall into the enormous error of supposing each power to have an abstract, independent existence, since the powers are rather to be differentiated as elements in the conception of the State. Were the powers to be in abstract independence, however, it is clear that two independent things could never constitute a unity, but must produce war, and the result would be destruction of the whole or restoration of unity by force. Thus, in the French Revolution, at one time the legislative power had swallowed up the executive, at another time the executive had usurped the legislative power.
THE CONSTITUTION
The constitution is rational, in so far as the State defines and differentiates its functions according to the nature of its concept.
Who shall make the constitution? This question seems intelligible, yet on closer