: This paper explicates and defends the thesis that individual rational judgment, of the kind required for justification, whether in cognition or in morals, is fundamentally socially and historically conditioned. This puts paid to the traditional distinction, still influential today, between ‘rational’ and ‘historical’ knowledge. The present analysis highlights and defends key themes from Kant’s and Hegel’s accounts of rational judgment and justification, including four fundamental features of the ‘autonomy’ of rational judgment and one key point of Hegel’s account of (...) ‘mutual recognition’. These themes are linked to Kant’s and Hegel’s transformation of the modern natural law tradition. The results explain why Kant’s and Hegel’s philosophy are indeed the origins of the properly pragmatic account of rationality, why the pragmatic account of rationality provides genuine rational justification and why this pragmatic account of rational justification is consistent with realism about the objects of empirical knowledge and with strict objectivity about moral norms. > Russian translation : Nelly Motroshilova, ed., К 200-летию выхода в свет «Феноменологии духа» Гегеля, 195–219. > Turkish translation : ‘Hegel’in Tinin Görüngübilimi’nde Karşihkh Onanma ve Ussal Gerekçelendirme’. MonoKL 4–5 :212–231. (shrink)

Hume and contemporary Humeans contend that moral sentiments form the sole and sufficient basis of moral judgments. This thesis is criticised by appeal to Hume’s theory of justice, which shows that basic principles of justice are required to form and to maintain society, which is indispensable to human life, and that acting according to, or violating, these principles is right, or wrong, regardless of anyone’s sentiments, motives or character. Furthermore, Hume’s theory of justice shows how the principles of justice are (...) artificial without being arbitrary. In this regard, Hume’s theory belongs to the unjustly neglected modern natural law tradition. Some key merits of this strand in Hume’s theory are explicated by linking it to Kant’s constructivist method of identifying and justifying practical principles (à la O’Neill), and by showing how and why Hegel adopted and further developed Kant’s constructivism by re-integrating it with Hume’s central natural law concern with our actual social practices. (Slightly revised English translation by the author of „Von der Konvention zur Sittlichkeit. Humes Begründung einer Rechtsethik aus nach-Kantischer Perspektive“, on which see below.). (shrink)

Hegel’s theory of freedom is complex and sweeping, and while most interpreters of Hegel will readily agree that it is the centerpiece of his political philosophy, perhaps also of his social philosophy and philosophy of history, they will just as readily disagree about what exactly the theory claims. Such interpretive disagreements have fueled, in large part, the resurgence of interest in Hegelian philosophy over the last few decades.

While many philosophers have found Hegel's critique of Kantian ethics to be interesting in certain respects, overall most tend to find it rather shallow and to think that Hegel either misunderstands Kant's thought or has a rather crude understanding of it. For example, in examining the last two sections of Chapter V of the Phenomenology - 'Reason as Lawgiver' and 'Reason as Testing Laws' (where we get an extended critique of the categorical imperative)- Lauer finds Hegel's treatment to be truncated (...) and inadequate.1 The only trouble, though, is that like most other readers of the Phenomenology, Lauer does not recognize that Hegel had been examining and criticizing Kantian ethics throughout a much greater part of-indeed, more than half of-Chapter V. Once we do understand this, I think we must concede that Hegel's treatment is hardly truncated and that it cannot be described as shallow or inadequate. I will try to show that Hegel demonstrates a rather sophisticated understanding of, and gives a serious and thorough critique of, Kantian practical reason. (shrink)

En el presente artículo se examina la relación de la Filosofía del derecho de Hegel con la filosofía práctica aristotélica. Con ello se pretende mostrar, por una parte, que algunas de las tesis y motivos centrales de la filosofía del derecho hegeliana se entienden de mejor forma trayendo a primer plano ciertos planteamientos aristotélicos y, por otro lado, que dichos planteamientos son objeto de una reinterpretación y reelaboración por parte de Hegel ante ciertas exigencias históricas y losó cas del contexto (...) moderno. En particular, se examina la relación entre estos dos autores atendiendo a dos puntos concretos: la metodología holística de una losofía práctica –entendida de modo amplio– y la teoría de la motivación ética. (shrink)

This article challenges Honneth's reading of Hegel's Philosophy of Right in The Pathologies of Individual Freedom: Hegel's Social Theory (2001/2010). Focusing on Hegel's method, I argue that this text hardly offers support for the theory of mutual recognition that Honneth purports to derive from it. After critically considering Honneth's interpretation of Hegel's account of the family and civil society, I argue that Hegel's text does not warrant Honneth's tacit identification of mutual recognition with symmetrical instances of mutual recognition, let alone (...) his subsequent projection of symmetrical forms of mutual recognition onto the various spheres of the Philosophy of Right as a whole. I conclude by indicating an alternative way in which Hegel's text might be used to understand contemporary society. (shrink)

There is at present, amongst Hegel scholars and in the interpretative discussions of Hegelrsquo;s social and political theories, the flavour of old-style lsquo;apologyrsquo; for his liberal credentials, as though there exists a real need to prove he holds basic liberal views palatable to the hegemonic, contemporary political worldview. Such an approach is no doubt motivated by the need to reconstruct what is left of the modern moral conscience when Hegel has finished discussing the flaws and contradictions of the Kantian model (...) of moral judgement. The main claim made in the following pages is that the critique of lsquo;subjectiversquo; moralities is neither the sole nor even the main reason for the adoption of an immanent doctrine of ethics. This paper will look to Hegelrsquo;s mature theory of action as motivating the critique of transcendentalism rather than merely filling in the hole left when one rejects Kant and it will discuss what the consequences of this approach are for the role of the moral conscience within the political sphere, arguing that Hegelrsquo;s own conditions of free action would not be met unless the subjective moral conscience was operative in the rational state. (shrink)

Georg Wilhelm Friedrich Hegel was one of the philosophic giants of the nineteenth century. Well versed in both ancient and more recent philosophical tracts, he rejected the individualism of Hobbes and Locke, as well as their notion that the state was an agency set up in the first place to protect life and property, and, drawing inspiration from Aristotle, outlined a vision of the state as an agency bound, in the first place, to protect the weak and the powerless. Hegel (...) further rejected Kant’s individualistic ethics and counseled that ethical behavior had to be understood as taking place in a social context, with real duties toward other people. For Hegel, an individual had rights and duties within the context of the family, in the community, and, as a citizen, vis-à-vis the state. He emphasized the network of duties in which each individual finds himself, urging political moderation and concern for the good of the entire community. He has been condemned as a proto-totalitarian, lauded as a democrat of sorts, and described variously as liberal, anti-liberal, authoritarian, conservative-monarchist, and constitutionalist. This essay will argue that Hegel came to champion a constitutional-legal order under an autocratic monarch, with protection for liberal values. The absolute authority of the monarch, thus, was limited to those powers which he needed in order to advance and protect the interests of the citizens of the realm. (shrink)

This paper intends to show that the experience of the illicit (Unrecht) plays in Hegel's theory of punishment the fundamental role of turning ".