Hegel: The State

A filosofia do direito internacional de Hegel tem recebido certa atenção nos últimos anos. As pesquisas mais recentes têm buscado apresentar uma visão diferente daquela, apresentada no século XIX e primeira metade do século XX, que retratava Hegel como um entusiasta do estado de guerra. Com efeito, também se passou a reavaliar a relação de Hegel com Kant no que diz respeito às questões do direito internacional, sobretudo, a possibilidade da paz. Meu objetivo nesse artigo é, primeiramente, apresentar os aspectos (...) gerais da filosofia do direito internacional de Hegel, enfatizando seu diálogo com Kant. Tento mostrar como Hegel está, em sua discussão, em referência a importantes aspectos do texto kantiano sobre a paz perpétua. Em segunda instância, partindo desse diálogo, argumento que, embora Hegel seja certamente muito mais um crítico do projeto kantiano do que um simpatizante, as implicações últimas de seu pensamento mostram-se, em alguma medida, alinhadas com as da filosofia de Kant. (shrink)

Author: Norbert Waszek. Translated by Pedro Sepúlveda Zambrano.

Hegel’s political philosophy regards the “corporation” as both a civil society association and an institution guaranteed under the constitution. The present article focuses on the concept of corporation as an institution of the ‘internal constitution’ by analysing some of the writings which go back to Hegel’s Heidelberg and Berlin phases, namely the Heidelberg review of the Proceedings of the Estates Assembly of the Kingdom of Württemberg, 1815–1816, his first lectures on the Philosophy of Rights, and the Elements of the Philosophy (...) of Rights. Notwithstanding the analysis shows that Hegel’s sophisticated constitutional culture is informed directly by, and developed along with, his involvement in the Württemberg’s political debates, yet his idea of State administration is far more elaborate than the constitutions of nineteenth-century German States which it does not, in fact, intend to merely reproduce. I shall argue that Hegel’s account of corporation is based on his specific understanding of European history and the related conceptualization of institution as a guarantee of freedom. Both history and theory are necessary tools to frame and comprehend the philosopher’s discussion of corporation, whose civil and institutional nature is essential to conceive the connection established between the government of civil society and legislative power. I contend that the role that Hegel attributes to corporations cannot be interpreted as an idea reflecting or inherited from the history of the German states, and that rather it represents the key to understanding his concept of patriotism and model of political representation via the assemblies of estates. From this perspective, it appears clear that the Hegelian theory of corporation is at the center of the philosopher’s diagnosis on the crisis and evolution of the modern State. (shrink)

Hegel’s project of reconciliation is central to his Philosophy of Right. This article argues that scholars have understood this project in one of two ways, as a form of rational reconciliation or a kind of endorsement. Each is incomplete and their inability to capture the kind of reconciliation Hegel has in mind is made apparent when we consider the kind of problem that the rabble creates for modern society, which reconciliation is meant to address. The article concludes that more than (...) mutual recognition is required and we should recognise the crucial role played by stakeholding, whereby citizens share a principled conviction about oneself and others. (shrink)

In this essay, I argue that Hegel’s model of ethical life is normatively gripping for Du Bois’s critique of Radical Reconstruction. My argument proceeds in three steps. First, I use Du Bois’s insights to explain the nature of progressive political change in historical time, an account Hegel lacks. I reconstruct the normative basis of Du Bois's political critique by articulating the three essential features of public reasoning qua citizenship. Second, I defend the promise of black civic enfranchisement with respect to (...) the institutional conditions of love and labour in the wake of the Civil War. Third, I establish the central role black freedmen played in realizing the ideals of democratic self-governance affirmed in principle but seldom realized in practice in the United States. (shrink)

This dissertation critically examines the writings of Max Stirner, especially his masterpiece The Ego and Its Own, as a discourse of resistance against modern forms of domination and, in particular, against the modern political State. I begin by examining Stirner's inversion of the Hegelian concept of the State, from the “actualization of freedom”to an instance of domination. The State appears, to Stirner as to Hegel, as the guardian of order and cohesion in modern societies. While both recognize the genesis of (...) sovereign power as violent, Hegel sustains that, with the progress of civilization, force is eradicated from the public order and private interests and common interest are reconciled. Stirner, on the contrary, insists that force is the other face of right, as the hidden pillar of the norm, which only reveals itself in moments of crisis. Stirner’s focus on the extreme case, largely anticipated and devalued by Hegel as unilateral and equivocal, seems to be anchored on the conviction that conflict is ineradicable, that between my own will and the (political, social) representation of that will there is always a gap, which cannot be filled by any collective arrangement. From this follows that, if conflict is scarcely manifest in modern societies, it is not because it was truly solved, but because it is effectively masked, due to the dissymmetry of power and the internalization of authority. The “unique one” appears, in this environment of great suspicion, as the one who cannot be represented, who surpasses every representation, threatening the authority of every representative. Accordingly, the “unique one” reclaims his own power, without allowing the satisfaction of his will to be mediated by obedience to collective institutions, affirming himself instead as sovereign over himself. Stirner suggests that the self-affirmation of the “unique one” inevitably leads to confrontation with the external powers that organize his existence. Stirner, nonetheless, chooses to think this confrontation in terms of a “revolt”, of a reflexive and individual act by which the individual emerges from the situation in which he finds himself, rather than as a “revolution”, a political or social act directed towards the systemic transformation of the status quo. Even if we admit the validity of the Stirnerian critique of the legitimizing discourses of modernity, the problem remains if this critique can be sustained on the “unique one”, “a thoughtless word”, an openly self-contradictory and self-destructive name, subject or principle (?). The possibility of founding a discourse of resistance on the egoism of Max Stirner seems to depend upon the answer that we choose to give to two intimately connected questions: what remains after the destructive vortex of the “unique one” that may sustain the resistance against a state that Max Stirner deems oppressive? Can this resistance be realized in the revolt of a unique one without the recognition of another one with whom to build the conditions of freedom? (shrink)

In this chapter, I consider the relation of the three major spheres of ethical life that Hegel distinguishes – family, civil society, and the state – and analyse their contribution to the constitution of the "second nature" of objective spirit. Family and civil society are both analyzed by Hegel as ways of taking up and transforming our given nature such that a second ethical nature can be produced. Where the family helps bring forth such a second nature by means of (...) “education” (Erziehung), civil society does so by means of “cultural formation” (Bildung). As I show in sections (I) and (II), these processes are characterised by Hegel as steps of an actualization of freedom insofar they liberate us from our given nature without suppressing it and bring forth a second nature that gives freedom the consistency of living reality. However, while these processes constitute forms of liberation, they are at the same time forms of social subjection, involving discipline and normalization, the subjection to the will of another, and the adaption to the given necessities of the social world. Therefore, the completion of the process of liberation seems to require a third sphere that allows individuals to relate, collectively and politically, to the second nature thus produced. In order for the second nature of spirit to be a self-constitutive actualization of freedom, ethical life thus requires a specific political dimension that I turn to in section (III). While this political process is only possible on the basis of the republican infrastructures of family and civil society, it at the same time calls these infrastructures into question. Although Hegel himself does not develop this dimension properly, his conception of second nature points towards the desideratum of a politics of second nature. I will close the discussion of this political dimension in section (IV) by pointing out the general and diagnostic dimensions that such a politics of second nature can help us elaborate. (shrink)

This essay discusses Hegel’s theory of “abstract” respect for “abstract” personhood and its relation to the fuller, concrete account of human personhood. Hegel defines (abstract) personhood as an abstract, formal category with the help of his account of free will. For Hegel, personhood is defined in terms of powers, relations to self and to others. After analyzing what according to the first part of Philosophy of Right it is to (abstractly) respect someone as a person, the essay discusses the implications (...) for private property and market. Then the paper turns to discuss pathologies of ideologies that stress these aspects only. Finally, the essay discusses the way inwhich Hegel’s full social theory aims to overcome such pathological tendencies; most notably in his theory of Family and the State. (shrink)

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

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 Notion of ‘civilisation’ in European and post-Enlightenment writings has recently been reassessed. Critics have especially reread the works of Immanuel Kant by highlighting his racial categories. However, this Paper argues that something is missing in this contemporary literature: namely, the role of the European legal culture in the development of a racial and ethnic hierarchy of societies. The clue to this missing element rests in how ‘civilisation’ has been understood. This Paper examines how one of the leading jurists of (...) the 19th and 20th centuries, George W. Hegel (1770-1831), took for granted a sense of a legal culture that excluded indigenous inhabitants of the Americas as legal persons worthy of legal protection. -/- Such an exclusionary legal culture represented a crucial feature of ‘civilisation’ according to Hegel. This Paper identifies a series of factors which Hegel highlighted as instrumental in constituting a civilised society: Bildung, an ethos, a written legal culture, a self-creative author (the state), territorial knowledge, and a hierarchy of societies. Hegel emphasized the need of jurists to analytically “leap” from a traditional society to a legal culture before the jurist could identify a law. The traditional societies of the Americas, according to Hegel, were considered lawless because they lacked a European sense of a legal culture. Why Hegel characterised traditional communities as lacking a legal culture is then explained. The Paper ends by suggesting that the features of a legal culture that Hegel highlights remain with us today. (shrink)

Hegel'sPhilosophy of Rightis more than a major work of political and legal philosophy; it is a battleground for two different interpretive approaches. MyHegel's Political Philosophy: A Systematic Reading of the Philosophy of Rightargues that these approaches are mistaken about their differences and that one approach offers a more compelling interpretation ofHegel's Philosophy of Rightthan the other. I will briefly outline my defence of the systematic reading of thePhilosophy of Rightbefore replying to the constructive criticisms raised by Redding, Rosen and Wood.There (...) are two different interpretative approaches to understanding Hegel'sPhilosophy of Right. These are the metaphysical and the non-metaphysical readings. The former often highlight Hegel's insistence that some political states may be considered more ‘true’ or ‘actual’ than others. This reading also often emphasises the special place of religion in Hegel's philosophical system, for example. In contrast, the non-metaphysical reading argues that such an interpretation is not only unattractive, but perhaps even unnecessary because Hegel's views on ‘actuality’ and ‘actualization’ are less controversial than traditional metaphysical readings of Hegel's philosophy have claimed. Commentators must choose between these competing camps and interpretations of Hegel's work are conceived within these approaches. Importantly, each reading claims that its approach best captures Hegel's philosophical importance. But would Hegel endorse either the metaphysical or non-metaphysical reading?The problem is that this debate rests on a central misconception about Hegel's philosophy. The debate is characterized as a disagreement about the role and perhaps the very existence of metaphysics in Hegel's philosophy. But this is a false impression. It is virtually nowhere in doubt that metaphysics is present in Hegel's philosophy, including hisPhilosophy of Right. Therefore, the debate between a ‘metaphysical’ and ‘non-metaphysical’ reading of Hegel's works is not a debate about whether these works contain metaphysics. The characterization of the debate invites a false impression about what is at stake. (shrink)

The essay explores the philosophical concept of fear as it appears in the chapter of Hegel’s Phenomenology of Spirit entitled Absolute Freedom & Terror , dedicated to the analysis of the French Revolution. The aim of the essay is to show Hegel’s critique against the abstract logic of modern political rationalism implied by the Revolution itself. This critique finds its base in a new productive concept of fear, which, in the form of Terror [ Schrecken ], represents the dialectic driving (...) force for the affirmation of the freedom of Spirit. (shrink)

Edmund Burke characterizes the state as consecrated, or sacred. There is a sense in which Hegel, too, consecrates the state: Hegel says the state is based on religion and that to preserve the state, religion “must be carried into it, in buckets and bushels.” This paper discusses the sense in which Hegel’s state is consecrated by juxtaposing his views with Burke’s. Both Burke and Hegel reject the theory of the divine right of kings, while recognizing religion’s ability to connect people (...) to a totality transcending their particular lives. But the similarities nearly end there. Burke sees religion as a tie that binds people and helps create an ethical community, at least in England; for Hegel religion does not have that function in a modern state. Where Burke thinks commitment to religion is a stabilizing influence, Hegel worries that religion can lead to fanaticism and destroy a state. Consequently, where Burke supports an establishment of religion, Hegel thinks church and state must remain separate. Both Burke and Hegel think the state must tolerate the free exercise of different religions, but Burke is unwilling for the state to tolerate atheists, who he regards as outlaws of the human race. But as Hegel sees the function of religion in a modern state as providing an answer to the existential question of how one’s existence has meaning given that it is inevitably extinguished, and if philosophy can also provide an answer to that question, Hegel’s consecrated state could be a home for atheists. The paper draws on, among other works, Hegel’s Rechtsphilosophie, Philosophy of Religion, Philosophy of History, early theological writings, and for Hegel’s views on state-sponsored religious education, the Nürnberg School Addresses and letters to Niethammer. (shrink)

Hegel's Philosophy of Right presents a collection of new essays by leading international philosophers and Hegel scholars that analyze and explore Hegel's key contributions in the areas of ethics, politics, and the law. •The most comprehensive collection on Hegel's Philosophy of Right available •Features new essays by leading international Hegel interpreters divided in sections of ethics, politics, and law •Presents significant new research on Hegel's Philosophy of Right that will set a new standard for future work on the topic .

In Hegel on Political Identity, Lydia Moland provocatively draws on Hegel's political philosophy to engage sometimes contentious contemporary issues such as patriotism, national identity, and cosmopolitanism. Moland argues that patriotism for Hegel indicates an attitude toward the state, whereas national identity is a response to culture. The two combine, Hegel claims, to enable citizens to develop concrete freedom. Moland argues that Hegel's account of political identity extends to his notorious theory of world history; she also proposes that his resistance to (...) cosmopolitanism be reassessed in response to our globalized world. By focusing on Hegel's depiction of political identity as a central part of modern life, Moland shows the potential of Hegel's philosophy to address issues that lie at the heart of ethical and political philosophy. (shrink)

Capitalismo e riconoscimento" presenta, in cinque saggi per la prima volta raccolti insieme e tradotti in italiano, una densa e pregnante analisi di taluni cruciali processi socio-strutturali, morali e normativi delle società capitalistiche contemporanee dalla prospettiva delle dinamiche del reciproco riconoscimento e del disrispetto concernenti la sfera del lavoro. Particolare attenzione è dedicata ai paradossali rovesciamenti delle istanze di autorealizzazione, autonomia e responsabilità personale registratisi negli ultimi decenni nel quadro di un mercato del lavoro sempre più deregolato.

In his description of patriotism in the Philosophy of Right, Hegel essentially neglects contemporary patriotism's defining characteristic, namely loyalty to or pride in one's country. I argue that the historical context of patriotism explains this neglect. German patriotism during Hegel's lifetime encompassed disparate political trends, including an emphasis on engagement in local community, attention to political ideals, and burgeoning nationalism. Hegel's comments on patriotism incorporate the first two trends; Hegel broadly rejected the later, nationalist trend. I also claim that Hegel's (...) comments on patriotism in his lectures on Rechtsphilosophie enhance our understanding of Hegel's political philosophy generally: in the lectures, the connection between patriotism and good government becomes explicit; the need for local civic engagement becomes clearer; we understand better the place of sentiment in a citizen's attitude towards the state. I also argue that Hegel differentiates between true patriotism, which protects individuality within the state, and inferior forms of patriotism that threaten modern political life as Hegel understands it. (shrink)

Nearly every major philosophy, from Plato to Hegel and beyond, has argued that democracy is an inferior form of government, at best. Yet, virtually every contemporary political philosophy working today endorses democracy in one variety or another. Should we conclude then that the traditional canon is meaningless for helping us theorise about a just state? In this paper, I will take up the criticisms and positive proposals of two such canonical figures in political philosophy: Plato and Hegel. At first glance, (...) each is rather disdainful, if not outright hostile, to democracy. This is also how both have been represented traditionally. However, if we look behind the reasons for their rejection of (Athenian) democracy and the reasons behind their alternatives to democracy, I believe we can uncover a new theory of government that does two things. First, it maps onto the so-called Schumpeterian tradition of elite theories of democracy quite well. Second, perhaps surprisingly, it actually provides an improved justification for democratic government as we practice it today than rival theories of democracy. Thus, not only are Plato and Hegel not enemies of modern democratic thought after all, but each is actually quite useful for helping us develop democratic theory in a positive, not negative, manner. (shrink)

-/- Amongst contemporary theorists, the most widespread interpretation of Hegel's theory of punishment is that it is a retributivist theory of annulment, where punishments cancel the performance of crimes. The theory is retributivist insofar as the criminal punished must be demonstrated to be deserving of a punishment that is commensurable in value only to the nature of his crime, rather than to any consequentialist considerations. As Antony Duff says: -/- [retributivism] justifies punishment in terms not of its contingently beneficial effects (...) but of its intrinsic justice as a response to crime; the justificatory relationship holds between present punishment and past crime, not between present punishment and future effects. -/- Punishment is given only to persons responsible for committing crime. In addition, the degree of punishment is set in proportion to the relative badness of the precipitating crime. Thus, retributivism can be understood as an individualistic theory because the only relevant factors pertain solely to the individual criminal himself. -/- The general attraction of Hegel's version of retributivism is that the punishments his theory is thought to endorse are commensurable in value with precipitating crimes, in contrast to the strict equivalence required by Kant's theory of punishment. As a result, Hegel's theory is praised both for being more acceptable to modern readers than Kant's so-called ‘pure retributivism’, as well as for being an ‘emphatically anti-utilitarian’ theory. Despite widespread agreement on these general features, it is hotly contested how exactly we are to understand the way in which punishment cancels crimes, and Hegel's difficult style has only served to make the controversy deeper. For example, Ted Honderich says: ‘A punishment is an annulment, a cancellation or a return to a previous state of affairs … All this, of course, is obscure. It is by Hegel’. (shrink)

Amongst contemporary theorists, the most widespread interpretation of Hegel's theory of punishment is that it is a retributivist theory of annulment, where punishments cancel the performance of crimes. The theory is retributivist insofar as the criminal punished must be demonstrated to be deserving of a punishment that is commensurable in value only to the nature of his crime, rather than to any consequentialist considerations. As Antony Duff says: [retributivism] justifies punishment in terms not of its contingently beneficial effects but of (...) its intrinsic justice as a response to crime; the justificatory relationship holds between present punishment and past crime, not between present punishment and future effects. Punishment is given only to persons responsible for committing crime. In addition, the degree of punishment is set in proportion to the relative badness of the precipitating crime. Thus, retributivism can be understood as an individualistic theory because the only relevant factors pertain solely to the individual criminal himself. The general attraction of Hegel's version of retributivism is that the punishments his theory is thought to endorse are commensurable in value with precipitating crimes, in contrast to the strict equivalence required by Kant's theory of punishment. As a result, Hegel's theory is praised both for being more acceptable to modern readers than Kant's so-called ‘pure retributivism’, as well as for being an ‘emphatically anti-utilitarian’ theory. Despite widespread agreement on these general features, it is hotly contested how exactly we are to understand the way in which punishment cancels crimes, and Hegel's difficult style has only served to make the controversy deeper. For example, Ted Honderich says: ‘A punishment is an annulment, a cancellation or a return to a previous state of affairs … All this, of course, is obscure. It is by Hegel’. (shrink)

Of all the parts of the System, the Philosophy of Right has one unique feature. It is the only part for which, throughout his entire career, Hegel published one of his few books, while giving lectures on the very same topic. This peculiarity of the Philosophy of Right puts a special demand on those who try to interpret it. Although the version published by the author himself should constitute the ultimate reference of his social and political doctrine, because he has (...) worked on the topic all through his philosophical life, one must also read the lectures to gain a full knowledge of Hegel’s social philosophy. However, this demand itself places the reader in an awkward position, as there are some obvious discrepancies on some crucial points between the lectures themselves, as well as between the lectures and the book. These discrepancies are particularly obvious in the first two lectures, held in Heidelberg in the winter semester 1817/1818 and the first Berlin lectures 1818/1819. (shrink)

Many readers have suspected that Hegel---in arguing against Kant’s individualistic and critical way of approaching ethics and favoring instead an “ethical life” he associates with custom and habit---is in effect eliminating both individual judgment and any basis for criticism of corrupt or unjust communities. Most specialists reject this view of Hegel’s ethical theory, but they haven’t explained precisely how, on the contrary, ethical life preserves individual judgment and criticism within a new way of thinking about ethics. The goal of this (...) paper is to do that. (shrink)

The creation of the University of Berlin in 1810 was the result of interaction between the state and philosophy, two human expressions whose relationship, at least since Socrates' death and Aristotle's exile, has tended to be problematical. That university, which became an important model for North American institutions of higher learning, was from the outset a state university; it was designed and run by the state, as opposed to what was previously the rule: institutions dependent on the Church or princes. (...) The bind, of course, is that this idea of a modern university, defined by its independence with regard to ecclesiastical and private interests, must henceforth depend on the state to guarantee its independence. This dilemma is already apparent in the philosophical ideas at work in the University of Berlin's early evolution. (shrink)

Georg Wilhelm Friedrich Hegel (1770-1831) is considered a philosopher of the Tradition, both in the sense that his work is rooted in the political, artistic, religious, and philosophical traditions of European culture and in the sense that he takes up the notion of tradition as an object of philosophical investigation. This collection examines Hegel's philosophy as it bears on the meaning and relevance of tradition - historical, legal, aesthetic, religious, and philosophical. The thirteen original essays draw upon and celebrate the (...) work of H.S. Harris, who is considered by many to be the most influential interpreter of Hegel in the English-speaking world. The collection as a whole examines Hegel's rich and nuanced relation to his own traditions, including his creative reworking of the legacies of Greece, Rome, Christianity, the Middle Ages, early modernity, and his immediate predecessors. It also shows how Hegel's thought has direct relevance for us today as we seek to understand ourselves in relation to our inherited traditions. The volume concludes with an afterword by H.S. Harris and a comprehensive bibliography of Harris's published works. This important anthology represents the first rigorous and systematic effort to apply Harris's seminal and innovative style of Hegel scholarship to a wide variety of philosophical and historical issues. It functions both as a study of Hegel's philosophy and as a commentary on Harris's vast contribution to Hegel scholarship. (shrink)

Hegel for the most part insists we support existing practices: they have endured, have socialized us, are our home. At times Hegel seems to demand conformity, to leave no room for dissent or disobedience. Hegel gives great weight to the authority of the state and of custom. But Hegel does not leave the individual confronted with an unjust state powerless. To Hegel, we are obligated to obey the law if we are at home in the state, if its practices, institutions (...) and laws are rational, if the free will "comes into existence" in it. But on Hegel's view, if the practices, institutions and laws of the state are not rational, we are not obligated to comply with their demands. Few recognize that Hegel even allows for justified disobedience, let alone that he can tell us anything about the conditions under which disobedience is justified. This is partly attributable to the fact that important texts concerning Hegel's views have only recently been discovered and published. For example, in a passage from one of these texts, a set of notes of Hegel's lectures on political philosophy, Hegel declares that if my free will does not come into existence in the state, I have no corresponding duty to the state. My purpose is to articulate a distinctive Hegelian theory of justified disobedience, show how it differs both from the traditional understandings of Hegel's views and from contemporary approaches to the problem of justified disobedience, and briefly to point to some difficulties with Hegel's position that need to be worked out if it is to be a satisfactory alternative. (shrink)