Hegel: Philosophy of Right

Neste artigo, trago a uma maior explicitação o conceito de direito da Filosofia do Direito de Hegel, buscando reabilitá-lo como alternativa às concepções jusnaturalistas e juspositivistas tradicionais. Busco uma resposta à questão “o que significa ter um direito?” a partir da Filosofia do Direito hegeliana. Questiono pela gênese e locus do direito e argumento que este se origina de uma relação de reconhecimento recíproco intersubjetivo, posteriormente consubstanciando-se objetivamente na eticidade, por meio das instituições sociais. A partir das conclusões de que (...) (i) ter um direito significa ser intersubjetivamente reconhecido como possuidor de uma reivindicação legítima a algo; e que (ii) tal reconhecimento intersubjetivo se torna progressivamente objetivo nas instituições, proponho a ideia de “título de reconhecimento” como definidora do conceito de direito. (shrink)

On Hegel's problem of poverty as a problem of alienation affecting rich and poor.

Mark Bevir's The Logic of the History of Ideas has received considerable attention recently. This article highlights a new problem with his weak intentionalism. Bevir's weak intentionalism holds that on occasion the meanings readers ascribe to texts may trump the meanings the authors express in texts. The article uses the example of Hegel's theory of punishment. The received wisdom is that Hegel is a pure retributivist. Yet, this strays far from his text and stated views. We might think we should (...) keep to this text to uncover Hegel's views. However, Bevir's weak intentionalism has us side with how he has been read over what Hegel has said. This view is problematic as our meanings may well stray far from the texts, words or spirit. Thus, Bevir's weak intentionalism can fall victim to straying from the text when trying to interpret it. (shrink)

The most valuable political theoretical contribution made by Marx's idea of socialism is towards the resolution of the seeming opposition of mass democracy and rational government. Marx follows Hegel's redefinition of political rationalization as the actualization of the nascent self?consciousness of the existing ethical world when he uses socialism as a statement of those tendencies of bourgeois society that will create the perspectives of social awareness that allow mass democracy. This thesis is made against aspects of the interpretation of Marx's (...) relation to Hegel in Bolshevik political theory. I claim that the Bolshevik idea of socialism as the militant political intervention of the dictatorship of the proletariat develops, through Engels, a position taken with respect to Hegel's philosophy of right in Marx's Rhenish Journal articles. This idea is, however, pre?Hegelian in the sense that it is open to a democratic criticism based on the philosophy of right understood in an alternative fashion. In his writings after leaving the Rhenish Journal and up to the Economic and Philosophical Manuscripts Marx makes this alternative available, and the notion of socialism he arrives at here turns on an awareness of the contradictions which make the militant political imposition of freedom impossible. Whereas for Bolshevism socialism is to be imposed on existing society, for Marx it is more the development within that society that makes possible mass democratic freedom. (shrink)

The goal of this paper is to clarify the role wrong plays in Hegel ’s system of right, as both a form of freedom and the transition to morality. Two approaches will be examined to explore wrong in practical philosophical terms: First, one could take the transition to be descriptive in nature. The transition describes wrong as a realized fact of the human condition that one inherits from the outset. Second, one could see it as prescriptive. Actual wrongdoing would be (...) essential for the subject’s progression to becoming moral. Though both are most likely the case, emphasis is given to the latter since it represents the actualization of potential. Furthermore, it will be suggested that wrong plays a similar role as that which alienation does in the Phenomenology of Spirit; both bridge the will as abstract personality with the moral point of view. (shrink)

The goal of this paper is to clarify the role ‘wrong’ plays in Hegel’s system of right, as both a form of freedom and the transition to morality. Two approaches will be examined to explore wrong in practical philosophical terms: First, one could take the transition to be descriptive in nature. The transition describes wrong as a realized fact of the human condition that one inherits from the outset. Second, one could see it as prescriptive. Actual wrongdoing would be essential (...) for the subject’s progression to becoming moral. Though both are most likely the case, emphasis is given to the latter since it represents the actualization of potential. Furthermore, it will be suggested that wrong plays a similar role as that which alienation does in the Phenomenology of Spirit; both bridge the will as abstract personality with the moral point of view. (shrink)

This essay analyses Hegel’s use of the metaphor of «the cross and the rose», not only in the Preface to the Grundlinien der Philosophie des Rechts, which all major interpretations refer to, but also in two other texts: Wer denkt abstrakt? of 1807 and the 1829 review of Schubart's and Garganico’s Über Philosophie überhaupt... In Wer denkt abstrakt? Hegel criticizes a sentimental, as equivalent to a «non concrete», interpretation of the figure; in the Preface he claims that «reason is the (...) rose in the cross of the present», assimilating the image to a platonic idea of State; in the review of 1829 he criticizes a naïve interpretation of the figure. In the light of these observations, it is possible to conclude that Hegel sees the figure as the specific image of the relation of the platonic and the critical element, typical of dialectical rationality. The Hegelian use of the figure thus results, in this perspective, by far more subtle than the one envisaged by its “political” interpretations. (shrink)

This essay analyses Hegel’s use of the metaphor of «the cross and the rose», not only in the Preface to the Grundlinien der Philosophie des Rechts, which all major interpretations refer to, but also in two other texts: Wer denkt abstrakt? of 1807 and the 1829 review of Schubart's and Garganico’s Über Philosophie überhaupt... In Wer denkt abstrakt? Hegel criticizes a sentimental, as equivalent to a «non concrete», interpretation of the figure; in the Preface he claims that «reason is the (...) rose in the cross of the present», assimilating the image to a platonic idea of State; in the review of 1829 he criticizes a naïve interpretation of the figure. In the light of these observations, it is possible to conclude that Hegel sees the figure as the specific image of the relation of the platonic and the critical element, typical of dialectical rationality. The Hegelian use of the figure thus results, in this perspective, by far more subtle than the one envisaged by its “political” interpretations. (shrink)

The objective of this article is to compare and contrast the influential notion of natural and property rights created by John Locke in his "Second Treatise on Government" (1689) to the posterior notion of abstract right expressed by Georg Wilhelm Friedrich Hegel in his "Elements of the Philosophy of Right". Said analysis is particularly pertinent given the complexity of Hegel’s political philosophy, and, perhaps more importantly, seeing as Hegel’s abstract right was (allegedly and in part) intended to point out the (...) shortcomings of Locke’s theory of natural and property rights, in order to further the human understanding of the world. More specifically, this article will examine the two rights theories in terms of their respective amounts of emphasis on individualism, or lack thereof. It will reveal three areas in which Lockean rights are more geared towards the primacy of the individual than Hegelian rights: (1) in their respective understandings of what it means to be a person, (2) in their conduciveness to individual wellbeing through the obligations each theory entails, and (3) in the extent of the rights themselves in relation to the state. (shrink)

The paper investigates the Kantian idea that a rational life is a life of “mere form”—a life in which a “mere form” is the force or spring of action. I start by developing Kant’s practical notion of life—the capacity to be the cause of what one represents. In a second step, I investigate the way in which Kant characterizes a rational life—the capacity to act in accordance with the representation of laws and to determine ourselves by the mere form of (...) a practical rule. In the third section, I point to some of the attractions and some of the problems of such an account. I close by considering a Hegelian alternative: the notion that a rational life is not the life of “mere,” but of “absolute form.”. (shrink)

In diesem Buch geht es um eine Philosophie, die aus einer unermüdlichen Kritik entstand: Die Philosophie, die ihre Konstitution überhaupt dem Verbinden der Kritiken an anderen Philosophien zu verdanken scheint. Es ist die Hegels. Hegel ist bekannt als ein Denker, der die für seine Philosophie konstitutiven und wichtigen Ansätze aus der kritischen Auseinandersetzung mit seinen Vorgängern, deren monumentale Leistungen in der Geschichte der Philosophie anerkannt wurden, gewonnen hat. Ausgehend von dieser Überzeugung rekonstruiert dieses Buch Hegels Sittlichkeitsidee durch die intensive Analyse (...) seiner zweistelligen Kritiken an den ethischen Gesetzesmodellen (bei Kant und Antigone), neuzeitlichen Naturrechtstheorien (von Hobbes und Fichte), und politischen Regierungsformen (der antiken Ungleichheitsidee und der modernen abstrakten Gleichheitsidee). (shrink)

Warum muss Strafe sein? Die Beiträge betreffen zunächst aktuelle Strafbegründungstheorien, insbesondere solche, die in der Strafe einen Tadel sehen. Eine klare Unterscheidbarkeit zwischen absoluten und relativen Straftheorien wird heute nicht selten bezweifelt.