G. W. F. Hegel developed a new understanding of natural law that departs from both traditional and more contemporary accounts. Natural lawyers defend standards that are external to the law in order to survey the merits of law. Call these accounts theories of natural law externalism. Hegel offers a very different account where we survey the merits of law through a standard that is internal to law. This essay will explain Hegel’s natural law internalism and (...) whether it marks an advance on existing natural law accounts. I will argue that Hegel offers us a novel understanding of natural law that is compelling, but ultimately unstable and problematic. -/- This chapter contains sections titled: Introduction Classical Natural Law Modern Natural Law Hegel's Natural Law Internalism Natural Law Internalism or Externalism? Conclusion Notes References. (shrink)

Replying to my four commentators allows me to clarify some distinctive features and merits of Hegel’s natural law constructivism; how Hegel’s insights have been obscured by common, though inadequate philosophical taxonomies; and how Hegel’s natural law constructivism contributes centrally to moral philosophy today, including ethics, justice, philosophy of law and philosophy of education.

Replying to my four commentators allows me to clarify some distinctive features and merits of Hegel’s natural law constructivism; how Hegel’s insights have been obscured by common, though inadequate philosophical taxonomies; and how Hegel’s natural law constructivism contributes centrally to moral philosophy today, including ethics, justice, philosophy of law and philosophy of education.

In this book, Westphal offers an original interpretation of Hegel's moral philosophy. Building on his previous study of the role of natural law in Hume's and Kant's accounts of justice, Westphal argues that Hegel developed and justified a robust form of civic republicanism. Westphal identifies, for the first time, the proper genre to which Hegel's Philosophical Outlines of Justice belongs and to which it so prodigiously contributes, which he calls Natural Law Constructivism, an approach developed by (...) Hume, Rousseau, Kant, and Hegel. He brings to bear Hegel's adoption and augmentation of Kant's Critique of rational judgment and justification in all non-formal domains to his moral philosophy in his Outlines. Westphal argues that Hegel's justification for the standards of political legitimacy successfully integrates Rousseau's Independence Requirement into the role of public reason within a constitutional republic. In these regards, Hegel's moral and political principles are progressive not only in principle, but also in practice. Hegel's Civic Republicanism will be of interest to scholars of moral philosophy, social and political philosophy, philosophy of law, Hegel, eighteenth- and nineteenth-century philosophy. (shrink)

Hegel's early philosophical essay demonstrates the need for a pure empiricism and complete formalism in scientific endeavor.

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

This paper argues that Hegel’s Philosophical Outlines of Justice develops an incisive natural law theory by providing a comprehensive moral theory of a modern republic. Hegel’s Outlines adopt and augment a neglected species of moral constructivism which is altogether neutral about moral realism, moral motivation, and whether reasons for action are linked ‘internally’ or ‘externally’ to motives. Hegel shows that, even if basic moral norms and institutions are our artefacts, they are strictly objectively valid because for our very finite (...) form of semi-rational embodied agency they are necessary and because sufficient justifying grounds for these norms and institutions can be addressed to all persons. Hegel’s moral constructivism identifies and justifies the core content of a natural law theory, without invoking metaphysical issues of moral realism, anti-realism, irrealism or ‘truth makers’, etc. I begin with Socrates’ question to Euthyphro to distinguish between moral realism and moral irrealism. I then summarise basic points of constructivist method and how Hume’s theory of justice inaugurates this distinctive species of natural law constructivism. How this approach addresses issues of political legitimacy is highlighted by Rousseau’s juridical innovation. How this approach is better articulated and justified by Kant’s specifically Critical method is briefly considered in connection with his justification of rights to possession, so that we can then recognise Hegel’s natural law constructivism in his Outlines. Hegel’s account of rights to possession corresponds closely to Kant’s, and his account of juridical relations as human interrelations accords with natural law constructivism. This finding is corroborated by some central features of Hegel’s account of Sittlichkeit, including how Hegel adopts, undergirds and augments Rousseau’s and Kant’s Independence Requirement for political legitimacy. (shrink)

이 글은 헤겔의 자연법 비판과 법철학 개요에서 전개된 철학적 법학 그리고 인륜적 국가의 기초를 살펴본다. 먼저 헤겔은 전통적인 자연법사상에서 자연 개념의 이의성(二義性), 자연 상태의 허구성, 자연법의 무비판적 도구화 가능성, 계약론적 사고의 폐해 등을 비판한다. 그리고 이에 대한 대안으로이성법으로 이해된 자연법 개념, 자유의지의 현존으로서의 법 개념 그리고 이 개념의 현실화를 전개하는 철학적 법학을 제시한다. 이 철학적 법학의 정점은 철학적으로 사유된 인륜적 국가라 할수 있다. 인륜적 국가는 자기의식의 본질로서의 자유의 현실, 더구나 모든 개별자들이 자신의 특수한 이해들을 자유롭게 충족시킬수 있는 구체적 자유의 현실이다. (...) 여기서 개인들은 항상 공동체적보편의 관점에서 저마다의 이익을 추구한다. 이렇게 한편으로는인륜적 성품으로, 다른 한편으로는 인륜적 제도들로 형성되는 헤겔의 인륜적 국가는 고대적 인륜성과 근대적 주체성이 매개된 자유의 실현 장소라 할 수 있다. (shrink)

Among the most influential parts of the philosophy of G.W.F. Hegel (1770-1831) were his ethics, his theory of the state, and his philosophy of history. The Philosophy of Right (Grundlinien der Philosophie des Rechts) (1821), the last work published in Hegel's lifetime, is a combined system of moral and political philosophy, or a sociology dominated by the idea of the state. Here Hegel repudiates his earlier assessment of the French Revolution as a "a marvelous sunrise" in the realization of (...) liberty. Rejecting the republican form of government, he espouses an idealized form of a constitutional monarchy, whose ultimate power rests with the sovereign. (shrink)

Hegel's Laws serves as an accessible introduction to Hegel's ideas on the nature of law. In this book, William Conklin examines whether state-centric domestic and international laws are binding upon autonomous individuals. The author also explores why Hegel assumes that this arrangement is more civilized than living in a stateless culture. The book takes the reader through different structures of legal consciousness, from the private law of property, contract, and crimes to intentionality, the family, the role of the (...) state, and international law. -/- Conklin clearly introduces Hegel's vocabulary and contrasts Hegel's issues and arguments with leading contemporary legal philosophers. The book's originality and interdisciplinary focus open up Hegel's legal philosophy, providing a background to forms of legal consciousness for a wide audience. Addressing whether Hegel succeeds in his endeavor to explain why laws are binding, Conklin comments directly on contemporary constitutional and international law and reveals how Hegel's ideas on law stand up in the world today. (shrink)

This essay considers the evolution of Hegel's political and legal theory with respect to the emergence of a classical liberal society and modern natural law. I argue that Hegel abandoned his early concerns which focused on a revival of the Greek polis and ethics over legality and refocused his efforts at reaching a modern form of ethical life predicated on the acceptance of classical liberal society and modern natural law. I try to argue that Hegel wanted to (...) achieve a present-day communal ethics without abolishing the modern individual subject endowed with rights. However, I seek to draw attention to Hegel's criticism of empirical individualism and social atomism. (shrink)

In 1801 Hegel charged that, on Kant’s analysis, forces are ‘either purely ideal, in which case they are not forces, or else they are transcendent’. I argue that this objection, which Hegel did not spell out, reveals an important and fundamental line of internal criticism of Kant’s Critical philosophy. I show that Kant’s basic forces of attraction and repulsion, which constitute matter, are merely ideal because Kant’s arguments for them are circular and beg the question, and they have no determinate (...) connection to any of the basic forces of Newtonian physics. Hence they are mere Gedankendinge. I argue further, that real physical forces transcend Kant’s analysis by showing that his proof of Newton’s law of inertia is unsound. I then show that this apparently specific disagreement underlies the enormous philosophical shift from Kant’s anti-naturalist transcendental idealism to Hegel’s naturalistic use of regressive, quasi-transcendental arguments. (shrink)

Henry Harris noted that ‘the Baconian applied science of this world is the solid foundation upon which Hegel’s ladder of spiritual experience rests’. Understanding the philosophical character of Hegel’s Philosophy of Nature requires recognizing some basic legitimate philosophical issues embedded in the development of physics from Galileo to Newton (§2). These issues illuminate the character of Hegel’s analysis of philosophical issues regarding nature (§3) and the central aims and purposes of Hegel’s philosophy of nature (§4). Hegel recognized some key weaknesses (...) in Newton’s own mathematical treatment of planetary orbits which were only rectified when Johann Bernoulli recast Newtonian gravitational theory on the basis of mathematical analysis (calculus). So reconstructed, Newtonian physics provides sufficient grounds to ascribe gravitational force to matter (Enz. §§262, 269). Hegel incorporated this important point into his illuminating accounts of causal laws of nature and natural-scientific explanation. These points reveal how Hegel’s Science of Logic and Philosophy of Nature are interdependent works, integrated in part by Hegel’s critical, moderately holistic theory of semantic meaning and reference. Highlighting these features of Hegel’s Philosophy of Nature illuminates Hegel’s emergentist account of structural and functional organization of various kinds of natural phenomena. (shrink)

The most comprehensive collection on Hegel's Philosophy of Right available Features new essays by leading international Hegel interpreters divided in sections ...

In this significant contribution to Hegel scholarship, Robert Williams develops the most comprehensive account to date of Hegel's concept of recognition. Fichte introduced the concept of recognition as a presupposition of both Rousseau's social contract and Kant's ethics. Williams shows that Hegel appropriated the concept of recognition as the general pattern of his concept of ethical life, breaking with natural law theory yet incorporating the Aristotelian view that rights and virtues are possible only within a certain kind of (...) community. He explores Hegel's intersubjective concept of spirit as the product of affirmative mutual recognition and his conception of recognition as the right to have rights. Examining Hegel's Jena manuscripts, his _Philosophy of Right_, the _Phenomenology of Spirit_, and other works, Williams shows how the concept of recognition shapes and illumines Hegel's understandings of crime and punishment, morality, the family, the state, sovereignty, international relations, and war. A concluding chapter on the reception and reworking of the concept of recognition by contemporary thinkers including Derrida, Levinas, and Deleuze demonstrates Hegel's continuing centrality to the philosophical concerns of our age. (shrink)

_Philosophy of Right_ remains among the most influential works in Western political theory. It introduces a notion of civil society that has proven of inestimable importance to diverse philosophical and social agendas. In this transcription of the lectures that formed the initial version of Hegel's text, the philosopher presents his thought with a clarity and directness seldom matched in his later writings. Nowhere does Hegel make clearer the difference between his concept of objective spirit and traditional concepts of (...) class='Hi'>natural law. Nowhere does he offer a more prominent treatment of the key notion of recognition. The long-awaited appearance of this first English-language translation of these lectures is a major event for Hegel scholars, philosophers, and political theorists. (shrink)

The Philosophy of Right presents us with a vision of bureaucratic paternalism that is designed to check the excesses of free markets set in motion by the triumph of natural-law thinking, which abstracted the principles of private property and subjective freedom from the institutions that had tamed them and situated them in a stable context. Against these excesses Hegel pits the agricultural estate, which has not succumbed to natural-law thinking; and a “universal estate” of bureaucrats who are educated (...) in Hegel’s philosophy itself, freeing them of the natural-law conflation of human needs with arbitrary and endlessly expanding preferences. Taught by Hegel to look after the needs of the organic whole that is society rather than the gratification of their own preferences, the task of the bureaucrats of the universal estate is to curb the tendency of free markets to produce the social preconditions for an alienated “rabble” to bring down the system. (shrink)

Hegel's "Elements of the Philosophy of Right" offers an innovative and important account of normativity, yet the theory set forth there rests on philosophical foundations that have remained largely obscure. In "Hegel's Theory of Normativity," Kevin Thompson proposes an interpretation of the foundations that underlie Hegel's theory: its method of justification, its concept of freedom, and its account of right. Thompson shows how the systematic character of Hegel's project together with the metaphysical commitments that follow from (...) its method are essential to secure this theory against the challenges of skepticism and to understand its distinctive contribution to questions regarding normative justification, practical agency, social ontology, and the nature of critique--Provided by publisher. (shrink)

In this paper, I contest increasingly common "realist" interpretations of Hegel's theory of "the concept" (der Begriff), offering instead a "isomorphic" conception of the relation of concepts and the world. The isomorphism recommended, however, is metaphysically deflationary, for I show how Hegel's conception of conceptual form creates a conceptually internal standard for the adequacy of concepts. No "sideways-on" theory of the concept-world relationship is envisioned. This standard of conceptual adequacy is also "graduated" in that it allows for a (...) lack of fit between concept and world. The possibility for a "maximally isomorphic" fit between concept and world obtains through the teleological realization of concepts, which marks especially the "artificial" world of human culture (law, art, religion, etc.). Some of the most seemingly exaggerated claims Hegel makes about the concept, I contend, can be understood when we consider the significance Hegel ascribes to human making, which is provided for in his conceptual theory. But my framework provides an interpretive key for the way Hegel sees concepts imperfectly realized in the natural world as well. (shrink)

This paper will draw on Hegel’s writings in Jena from 1801 to 1804, especially the fragments for a philosophy of nature from 1803-04, to explore his sustained concern with the proper configuration of a system of nature. Hegel’s earliest treatment of nature sheds light on the role of nature in the system he published over a decade later. Moreover, the earliest system illuminates two problems posed by his later philosophy of nature-the relationship of nature and spirit, and the sequence and (...) organization of his treatment of illness and death. (shrink)

Georg Wilhelm Friedrich Hegel's 'Philosophy of Nature' has often been accused of promoting a view of nature fundamentally at odds with the modern scientific understanding of nature. I show this accusation to be false by pointing to two aspects of Hegel's treatment of nature: its rejection of the 'a priori/a posteriori' distinction, and its connection to Hegel's conception of autonomy as freedom from givenness. I give a reading of Hegel's treatment of the laws of motion along (...) these lines, and I close with some points connecting this reading of Hegel to contemporary philosophy (specifically John McDowell and Catherine Malabou). (shrink)

In his 1992 text ‘Force of Law’ Jacques Derrida makes the radical claim that the aura of law’s legitimacy is always achieved by virtue of an ideological sleight of hand. I argue that the radicality of this claim does not lie in its abandonment of the rule of law, nor is this claim a call to political quietism. Rather, Derrida charges us with the responsibility of interrogating the moments of law’s force or ideology. Following this suggestion I argue that one (...) important way that the law has maintained its aura of legitimacy is on the basis of an ideological appeal to the presumed natural or transparent nature of sexual complementarity. Through a reading of Hegel’s use of the Greek mythological Antigone, I argue that one important way that the im possibility of the necessary encounter between law and the singular case has been covered over, is by way of an appeal to the presumed naturalness of heterosexuality. The conclusion of my analysis is that the illusion of law’s legitimacy is not necessarily achieved with reference to the feminine, nor by virtue of an appeal to the transparency of heterosexuality, but it is no coincidence that it has been achieved in this way so often in the history of political philosophy either. However, no matter how the illusion of law’s legitimacy is achieved, it will always require a sleight of hand; it will always be ideological and therefore political. This analysis therefore serves as an example of how deconstruction can be mobilized as much more than a philosophical meditation on the impossibility of justice; rather, it offers a mode of analysis of critical importance to social and legal theorists. Key Words: Antigone • Derrida • Hegel • sexual difference. (shrink)

Hegel's Elements of the Philosophy of Right, one of the classic texts of German Idealism, is a seminal work of legal, social and political philosophy that has generated very different interpretations since its publication in 1821. Written with the advantage of historical distance, the essays in this volume adopt a fresh perspective that makes readers aware of the breadth and depth of this classic work. The themes of the essays reflect the continuing relevance of the text, and include (...) class='Hi'>Hegel's method, the concept of property, Hegel's view of morality, the concept of Sittlichkeit, the modern family, the nature and tensions of civil society, and the question of the modernity of the Hegelian state. The volume will be of interest to all scholars and students of German Idealism and the history of political thought. (shrink)

The Cartesian concept of nature, which has determined modern thinking until the present time, has become obsolete. It shall be shown that Hegel's objective-idealistic conception of nature discloses, in comparison to that of Descartes, new perspectives for the comprehension of nature and that this, in turn, results in possibilities of actualizing Hegel's philosophy of nature. If the argumentation concerning philosophy of nature is intended to catch up with the concrete Being-of-nature and to meet it in its concretion, then (...) this is impossible for the finite spirit in a strictly a priori sense – this is the thesis supported here which is not at all close to Hegel. As the argumentation rather has to consider the conditions of realization concerning the Being-of-nature, too, it is compelled to take up empirical elements – concerning the organism, for instance, system-theoretical aspects, physical and chemical features of the nervous system, etc. With that, on the one hand, empirical-scientific premises are assumed (e.g. the lawlikeness of nature), which on the other hand become (now close to Hegel) possibly able to be founded in the frame of a Hegelian-idealistic conception. In this sense, a double strategy of empirical-scientific concretization and objective-idealistic foundation is followed up, which represents the methodical basic principle of the developed considerations. In the course of the undertaking, the main aspects of the whole Hegelian design concerning the philosophy of nature are considered – space and time, mass and motion, force and law of nature, the organism, the pro-blem of evolution, psychic being – as well as Hegel's basic thesis concerning the philosophy of nature, that therein a tendency toward coherence and idealization manifests itself in the sense of a (categorically) gradually rising succession of nature: from the separateness of space to the ideality of sensation. In the sense of the double strategy of concretization and foundation it is shown that on the one hand possibilities of philosophical penetration concerning actual empirical-scientific results are opened, and on the other hand – in turn – a re-interpretation of Hegel's theorem on the basis of physical, evolution-theoretical and system-theoretical argumentation also becomes possible. In this mutual crossing-over and elucidation of empirical and Hegelian argumentation not only do perspectives of a new comprehension of nature become visible, but also, at the same time – as an essential consequence of this methodical principle – thoughts on the possibilities of actualizing Hegel's philosophy of nature. (shrink)

This book is a translation of a classic work of modern social and political thought. Elements of the Philosophy of Right, Hegel's last major published work, is an attempt to systematize ethical theory, natural right, the philosophy of law, political theory, and the sociology of the modern state into the framework of Hegel's philosophy of history. Hegel's work has been interpreted in radically different ways, influencing many political movements from far right to far left, and is (...) widely perceived as central to the communitarian tradition in modern ethical, social, and political thought. This edition includes extensive editorial material informing the reader of the historical background of Hegel's text, and explaining his allusions to Roman law and other sources, making use of lecture materials which have only recently become available. The new translation is literal, readable, and consistent, and will be informative and scholarly enough to serve the needs of students and specialists alike. (shrink)

This chapter contains sections titled: Religion: A Moral‐Metaphysical Interpretation of ‘Positivity’ Love: Outline of an Ethical Relation Law: Death and Absolute Sittlichkeit References Secondary Sources.

Hegel's Philosophy of Right was his last systematic work and the most complete statement of his mature views on ethical and political philosophy. It explores the relationships between three distinct conceptions of human freedom: persons as possessing contract rights, subjects as reflective moral agents, and individuals as members of an ethical community. It strongly influenced the early Marx and with the rise of debates over liberalism and communitarianism in the latter half of the twentieth century. In this volume an (...) outstanding line up of contributors examine the nature and impact of Hegel's Philosophy of Right. A diverse array of topics is examined, ranging from Hegel's account of rights, freedom, the state and history to some hitherto relatively overlooked topics such as Hegel and Luther, art and nationality and Hegel and the market. Hegel's Philosophy of Right: Critical Perspectives on Freedom and History will be valuable reading for scholars of Hegel, nineteenth-century German philosophy, political philosophy and history of political thought. (shrink)

Hegel's legacy is particularly controversial, not least in legal theory. He has been classified as a proponent of either natural law, legal positivism, the historical school, pre-Marxism, postmodern critical theory, and even transcendental legal theory. To what degree has Hegel actually influenced contemporary legal theorists? This review article looks at Michael Salter's collection Hegel and Law. I look at articles on civil disobedience, contract law, feminism, and punishment. I conclude noting similarities between Hegel's legal theory and that (...) of Ronald Dworkin. I also criticize the volume's emphasis on Hegel's postmodern credentials, all of which I doubt. (shrink)

Hegelian ethics, which gives pride of place to the roles and relations that give substance to our moral life, is seen as a rejection of Kant's a priori treatment of morality, moral law and moral agency. Analysis of the so-called religious writings from the late 1790s to the early 1800s, 'The Positivity of the Christian Religion', the 'Love' fragment, and the essay 'On the Scientific Treatment of Natural Law', shows Hegel engaging profoundly with recognizably Kantian problems of moral metaphysics (...) about moral agency, the moral law, nature and freedom. The almost experimental approach of these early pieces yields independently interesting results as well as offering an important insight into the development of Hegel's thought. (shrink)

Hegel's 1821 classic offers a comprehensive view of his influential system, in which he applies his most important concept--the dialectics--to law, rights, morality, the family, economics, and the state. The philosopher defines universal right as the synthesis between the thesis of an individual acting in accordance with the law and the occasional conflict of an antithetical desire to follow private convictions. The state, he declares, must permit individuals to satisfy both demands, thereby realizing social harmony and prosperity--the perfect synthesis. (...) Further, Hegel renounces the French Revolution and republican government in favor of an idealized form of a constitutional monarchy, in which ultimate power rests with the sovereign. (shrink)

I begin my comment on Westphal’s study by exploring briefly his refutation of “the arbitrariness thesis,” and then focusing on the “conditio humanae,” i.e. the conditions of life as freedom realized in common life. As I understand it, coordination and cooperation among persons are required because employing freedom in the presence of others presupposes an act of recognition that acknowledges a priori the necessity of universal respect. The right to use and possess things within the institution of property is an (...) illustrative example of this necessity. Justice requires possession not in the form of some equal distribution (which is a matter of contingency) but as a normative requirement that “everyone shall have property.” One must have property in order to enter the world of inter-subjectivity and become a person. This has important implications for determining how poverty is related to the validity of laws, which depends on the joint legislative will of all persons. (shrink)

For over a century, Hegel’s view of war is seen as controversial that results in mutually exclusive interpretations. To reach a proper evaluation of Hegel’s views, it is necessary to consider both Hegel’s initial states of philosophical doctrine about war and peace, and the development of his understanding of war from early works to mature ones. In the first part of the paper, I characterize Kant’s position on war, since it was the starting point for Hegel. Contrary to popular representations (...) about Kant as an exclusive pacifist, the philosopher of Koenigsberg had a philosophical-historical treatment of war, in which the war appeared as something sublime. However, both legal-ethical peace understanding and veto of war from the point of practical reason were not dominant in Kant’s philosophy, subordinating the sublime treatment of war. Kant’s next contemporaries could not already keep this position, emphasizing either one or the other side of war interpretation. Starting from the early writings (the paper “On the Scientific Ways of Treating Natural Law” or manuscripts “System of Ethical Life” and “The German Constitution”), Hegel stresses an ethical aspect of war and its necessity, so that the shield is arranged on the way of systems isolation and individuals atomization, and the unity in its ethical health is saved. Perpetual peace, on the contrary, leads to diseases. The statement about equality of claims and the same truthfulness of warring parties’ rights is the originality of Hegel’s view. It makes absolutely impossible the war evaluation from the point of its justice and injustice. (shrink)

The persisting conception of Hegel's criticism of Newton's physics as an irrational or at least hopelessly exaggerated one partly has its roots mainly in Hegel's terminology and in his style. This does not mean that a mere translation of Hegel's arguments into any contemporary philosophical language be sufficient to immediately convince every Newtonian scientist. However, a non-Hegelian way of rephrasing the core of Hegel's anti-Newtonian philosophy of nature can help to understand to which extent the latter (...) does satisfy any scientist's criteria for a rational and self-consistent theory. To demonstrate this is the central aim of my talk, which is structured as follows: In the first part, I'm trying to highlight basic features of Hegel's criticism of Newton's optics and celestial mechanics, eventually focussing on his concept of a "sense of nature". This part has the character of a review. Second -­ and that is supposed to be the "reconsideration" part of my paper -­ I'll try to highlight the fundamental difference between Newton's and Hegel's ideas of natural laws and of the relation between mathematics and physics. Third, the metaphysical background of this difference will be analyzed. It is by the analysis of this metaphysical background that I hope to render Hegel's criticism of Newton's scientific revolution more understandable. (shrink)

The freedom of spirit, Hegel claims, consists in “the emancipation of spirit from all those forms of being that do not conform to its concepts.” That is, freedom must be understood as “liberation [Befreiung].” The paper explores this claim by starting with Hegel’s critique of the (Kantian) understanding of freedom as autonomy. In this critique Hegel shows that norms or “laws” have to be thought of as “being”—not as “posited.” This is convincing, but it leaves open the question of the (...) relation between law and freedom (i.e., the very question that the concept of autonomy was meant to solve). In its second part the paper claims that Hegel’s solution to this problem consists in the analysis of freedom as the “historical” process of “social” transformation. While social norms ordinarily or habitually exist in the form of a second nature—according to Hegel, this is the form they necessarily take on in their social reality—, the act of liberation radically changes their mode of being: liberation is the momentary and transitory act of the ontological transformation of social norms from nature into freedom. (shrink)

This collection examines different themes and offers novel interpretations of Hegel's political philosophy. Thus, it sheds new light on what has been perhaps the most controversial area of Hegelian scholarship. It includes eight essays by a group of international scholars at different stages of their career. Its distinctive contribution is that it explores both Hegel's early and mature political philosophy. It includes a paper on Hegel's early essay on "Natural Law", published in two instalments in 1802 (...) and 1803, and the System of Ethical Life, also published in 1802-1803, as well as papers on Hegel's Philosophy of Right (published in 1821). Two papers also discuss "The German Constitution", written between 1798 and 1802. The volume comes as an addition to the current debate that has been occasioned by the bicentenary of Hegel's Philosophy of Right. (shrink)

This dissertation explains and defends Hegel's "dialectical" logic and the useful critical and normative contributions it can make to philosophy and some aspects of life. Hegel's logic investigates metaphysical "logical" determinations which constitute the structural principles of everything generally, but his context-neutral conception of logical structures and his non arbitrary method sets him favorably apart from other philosophies. It dispenses with the issue whether metaphysics illegitimately projects the mental onto a pre-given world of experience, since even distinctions like (...) "mind versus matter" presuppose prior logical structures. These structures underly other philosophical programs, so Hegel's logic can play an explanatory and critical role against alternatives. Moreover, Hegel's logic neither presents insuperable methodological problems nor suggests absurd conclusions about topics like the law of noncontradiction. ;In Chapter Three I explain and develop Hegel's theory of truth as the correspondence of something's developed, actual existence to its own structural nature. Human thinking and activities especially exemplify truth, since humans have the ability to make themselves and their activities correspond most closely to what they ought to be. In his logic Hegel then provides a normative logical model for becoming a "true" human being: an intrapsychically integrated, normatively committed and free agent engaged constructively with one's social world. ;In Chapter Four I argue that speculative logic can solve and remain invulnerable to longstanding problems in traditional skepticism, especially the more powerful ancient type. Skepticism is effective because its arguments against philosophical claims are implicitly structured according to underlying logical determinations of the types Hegel describes. Skeptical conundrums correspond to the local opposition between the first two moments of dialectical triads, but I show that these moments are only two unintegrated halves of a superior logical structure. In this way, Hegel's logic is able to explain and beat skepticism on a deeper level. (shrink)

The freedom of spirit, Hegel claims, consists in “the emancipation of spirit from all those forms of being that do not conform to its concepts.” That is, freedom must be understood as “liberation [Befreiung].” The paper explores this claim by starting with Hegel’s critique of the (Kantian) understanding of freedom as autonomy. In this critique Hegel shows that norms or “laws” have to be thought of as “being”—not as “posited.” This is convincing, but it leaves open the question of the (...) relation between law and freedom (i.e., the very question that the concept of autonomy was meant to solve). In its second part the paper claims that Hegel’s solution to this problem consists in the analysis of freedom as the “historical” process of “social” transformation. While social norms ordinarily or habitually exist in the form of a second nature—according to Hegel, this is the form they necessarily take on in their social reality—, the act of liberation radically changes their mode of being: liberation is the momentary and transitory act of the ontological transformation of social norms from nature into freedom. (shrink)

Hegel's Philosophy of right concerns ideas on justice, moral responsibility, family life, economic activity and the political structure of the state. He shows how human freedom involves living with others in accordance with publicly recognized rights and laws.

In “The Phenomenology of Spirit” and “Philosophy of Right”, Hegel gives a detailed specification of the theses about the war that were claimed in earlier papers and manuscripts, but his position is not fundamentally changed. In the “The Phenomenology of Spirit” Hegel advocates governments’ need and right to initiate a war from time to time in order to prevent both the isolation and atomization, and let individuals feel the death. As in the past, the war, as Hegel says, has a (...) moment of ethical life. In the “Philosophy of Right” Hegel introduces final deliberations about war that rely on ideas of his earlier paper about natural law even more than in the “The Phenomenology of Spirit”. Hegel emphasizes the ethical role of sacrifice in the war and expresses opinions critical of not an abstract perpetual peace but a concrete philosophical project of Kant. Due to Hegel, Kant’s perpetual peace does not resemble a perpetual deception, since the required union of states is elusive and none except the world spirit in the world history can be a praetor. In line with Heraclitus, Hegel maintains that wars underlie the nature of things. I contribute to the discussions of Hegel scholars if Hegel’s philosophy glorifies a war or not as follows: I substitute the term “glorification” with the term “bellicisme” that suits better to measured, not snobbish and deprived of certain historical implications Hegel’s theses about reasonableness, necessity, the ethicality of war and ethicality of perpetual peace illness. (shrink)

This article examines the foundations for the legitimacy of law from the perspective of Hegel’s philosophy. In a first step, Kant’s justification of law is discussed, as Hegel takes the Kantian model as a central point of reference. Then, in the Section 2, I discuss Hegel’s reasons for rejecting the main strategies of justification of the legal order: natural law, contractarianism and legal positivism. This is further followed by a discussion of the meaning and scope of Hegel’s contextualism, according (...) to which there can be no practical normativity without a certain historical embedding. Finally, I describe a more traditional met-aphysical reading that I consider to be the correct solution, contrasting it with Honneth’s theory of recognition and Bran-dom’s pragmatism. (shrink)

Among the most influential parts of the philosophy of G.W.F. Hegel (1770-1831) were his ethics, his theory of the state, and his philosophy of history. The Philosophy of Right (Grundlinien der Philosophie des Rechts) (1821), the last work published in Hegel's lifetime, is a combined system of moral and political philosophy, or a sociology dominated by the idea of the state. Here Hegel repudiates his earlier assessment of the French Revolution as a "a marvelous sunrise" in the realization of (...) liberty. Rejecting the republican form of government, he espouses an idealized form of a constitutional monarchy, whose ultimate power rests with the sovereign. (shrink)

G. W. F. Hegel's discussion of the Antigone in the Phenomenology of Spirit has provoked ongoing debate about his views on gender. This essay offers an interpretation of Hegel as condemning social arrangements that take the authoritativeness of identities and obligations to be natural or merely given. Hegel criticizes the ancient Greeks' understanding of both the human law and the divine law; in so doing, he provides resources for a critique of essentialist approaches to sex and gender. On (...) this interpretation, Hegel views the conflict between Antigone and Creon as tragic because the gendered identities and obligations inherent to Greek Sittlichkeit are naturalized and withheld from scrutiny and revision. In the conclusion, I suggest how Hegel's criticisms pose a challenge to certain approaches to religious ethics. (shrink)

This is the first English translation of the seminar Martin Heidegger gave during the Winter of 1934-35, which dealt with Hegel's Philosophy of Right. This remarkable text is the only one in which Heidegger interprets Hegel's masterpiece in the tradition of Continental political philosophy while offering a glimpse into Heidegger's own political thought following his engagement with Nazism. It also confronts the ideas of Carl Schmitt, allowing readers to reconstruct the relation between politics and ontology. The book is (...) enriched by a collection of interpretations of the seminar, written by select European and North American political thinkers and philosophers. Their essays aim to make the seminar accessible to students of political theory and philosophy, as well as to open new directions for debating the relation between the two disciplines. A unique contribution, this volume makes available key lectures by Heidegger that will interest a wide readership of students and scholars. (shrink)

Professor Knox’s translation is, as one would expect, excellent. Even so, understanding this text will present difficulties to anyone who is anything less than expert not only in the philosophy of Hegel, but in those of Kant, Fichte and, especially, Schelling, because Hegel’s philosophy in 1802–3 was still by no means fully-fledged. The result is that the usual difficulties of Hegelian terminology are compounded by the infusion of the terminology and philosophical programme of Schelling; one’s tendency to interpret the text (...) in the light of Hegel’s mature philosophy has to be tempered by the realization that what prima facie looks ‘Hegelian’ is not necessarily so. This makes the initial agonies of a Hegel text even more hellish than usual, and no translator’s notes, no Introduction, however good, can spare one these pains when one starts reading. Perhaps the translator might have been a bit more generous with bracketed or footnoted explanations, for example, of words like ‘divine’, ‘difference’, ‘indifference’, and even more usefully of words that do not look odd in the context, like ‘immediately’ or ‘science’. On the other hand, since in reading a Hegel text for the first time it is usually best to push on regardless, it may be a help not to have too much in the way of explanation of technicalities to hold one up. (shrink)

A modern, highly readable translation of a primary text in Western philosophy. Complete translation in English with introduction, notes and glossary. The glossary is keyed to the primary occurrences of important terms in the text and provides insights into the concepts beyond the translation, especially useful pedagogical device for students coming to Hegel for the first time. Focus Philosophical Library translations are close to and are non-interpretative of the original text, with the notes and a glossary intending to provide the (...) reader with some sense of the terms and the concepts as they were understood by Hegel’s immediate audience. (shrink)

The paper presents an interpretation of Aristotle's views on natural justice in the Nicomachean Ethics. It focuses, in particular, on Aristotle's understanding of the relationship which exists between natural justice and political justice, or between natural law and positive law. It is suggested that Aristotle's views on this subject are often misunderstood. It is also suggested that, contrary to what some commentators might think, Aristotle's comments on natural justice are actually central for our understanding of his (...) political thought as a whole. It is argued that Aristotle is, therefore, definitely a natural law theorist of some description. However, Aristotle's natural law theory is unconventional in certain respects. In particular, Aristotle does not consider natural law to be a critical standard by means of which positive law might be evaluated. This places Aristotle outside the mainstream of natural law theory as it has been traditionally understood. Aristotle is not, in this sense at least, the forerunner of the Stoic natural law tradition and of the individualistic, liberal natural law theory of the modern era. He is, rather, the founding father of what might best be described as the conservative natural law tradition, the most well known adherents of which in modern times are Montesquieu, Burke and Hegel. (shrink)