True Right Against Formal Right: The Body of Right and the Limits of Property

In Dean Moyar, Kate Padgett Walsh & Sebastian Rand (eds.), Hegel's philosophy of right: critical perspectives on freedom and history. New York, NY: Routledge (2023)
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Abstract

The conception of property at the basis of Hegel’s conception of abstract right seems committed to a problematic form of “possessive individualism.” It seems to conceive of right as the expression of human mastery over nature and as based upon an irreducible opposition of person and nature, rightful will, and rightless thing. However, this chapter argues that Hegel starts with a form of possessive individualism only to show that it undermines itself. This is evident in the way Hegel unfolds the nature of property as it applies to external things as well as in the way he explains our self-ownership of our own bodies and lives. Hegel develops the idea of property to a point where it reaches a critical limit and encounters the “true right” that life possesses against the “formal” and “abstract right” of property. Ultimately, Hegel’s account suggests that nature should precisely not be treated as a rightless object at our arbitrary disposal but acknowledged as the inorganic body of right.

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Thomas Khurana
Universität Potsdam

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