Summary of Abstract Right

In Hegel’s “Encyclopedia of Philosophical Sciences,” the chapter on Abstract Right delves into the foundational aspects of legal and moral philosophy. Hegel posits that property is an essential expression of the self, where individuals assert their identity and personality. This assertion of “this is mine” is a claim that must be recognized by others, thus property becomes an embodiment of personality.

Hegel further explores the notion of personhood and will, linking the concept of property to the recognition of individuals as persons who possess a will. This will is free and expressed through the ownership and exchange of property, which is fundamental to being recognized as a person with rights.

Contracts and exchange are central to Hegel’s understanding of social interactions. Contracts are agreements that establish ownership and create norms of mutual respect for individual rights and obligations. The economic life, governed by the free exchange of commodities, is based on these institutionalized notions of the individual as a right-bearing person.

Abstract Right, according to Hegel, is the system of mutual recognition among individuals who are considered as abstract, universal subjects. This system forms the basis of morality, which is the subjective side of social obligations institutionalized in contracts and the economic market. Morality is an abstract ideal, a vision of good based on mutual recognition of rights, and people are morally motivated through a sense of duty to defend these universal rights.

Hegel’s exploration of Abstract Right lays the groundwork for understanding how modern notions of individuality and rights are intertwined with social, economic, and political institutions. He addresses the potential alienation of individuals from the collective and the stresses that arise from modern conceptions of individual rights.

He critiques the “natural rights” present in social contract theories, suggesting that rights emerge from social and economic interactions rather than being inherent. Hegel’s analysis provides a complex understanding of the nature of rights, property, and personhood, and how these concepts are interwoven with the fabric of modern society, emphasizing the importance of mutual recognition and the institutionalization of rights in the development of moral obligations and the functioning of economic systems.

Hegel’s Social Philosophy – History #1

Though Hegel’s 1820 Philosophy of Right faced undue criticism during and after his life, being labeled an apology for Prussian absolutism, it was in fact an effort by Hegel to express the rational form of a reformed, modern European state and society. This vision was shared by individuals such as Baron von Stein and Prince von Hardenburg in Prussia, and was well-understood by Hegel’s friends and students.

At the heart of Hegel’s work is the notion that what constitutes right is essential for the realization of freedom. In this aspect, he stayed true to his Kantian roots while simultaneously breaking away from Kant. A key difference between the two philosophers lies in Hegel’s rejection of Kant’s assertion that freedom necessitates exercising a non-natural causality upon ourselves, one that exists outside the natural order and can initiate events without being affected by prior causal chains.

Hegel, on the other hand, saw freedom not as a form of causality, but rather as our ability to adopt a negative stance towards our inclinations, desires, and impulses. While both philosophers agreed that the will is fundamentally a form of practical reason guided by norms, Hegel disputed the notion that a special form of causality was required for such a will to be free.

According to Hegel, our freedom lies in our approach to our actions; we are truly free when we act based on reasons we can consider our own – those with which we identify ourselves. An individual’s preferences, desires, and impulses hold normative status only if they align with their overall life plan and contribute to their sense of identity.

Hegel believed that while there may be an empirical explanation for how our decisions ultimately move us, this would not be crucial for understanding why an action is considered one’s own or expresses one’s acknowledgment of their reasons for acting. The need for a special doctrine of transcendental causality would only arise if reasons were viewed as separate entities.

In the realm of human nature, the ability to possess a will signifies, foremost, the capacity for one’s actions to embody one’s practical commitments – emerging from and integrating within the grand design of one’s existence. Such actions are executed not due to extraneous reasons, but precisely because of these commitments.

Secondly, it entails the aptitude for introspection regarding these practical engagements, evaluating their relevance in relation to other objectives and principles an individual may contemplate. Lastly, it requires the comprehension that these obligations are self-imposed and not dictated by external forces.
To possess a will is to exhibit intentionality in our actions and adhere to established norms.

As Hegel discerned, the will is a manifestation of thought. Conversely, the absence of such liberty would entail acting based on factors one cannot rationally support or validate – ultimately succumbing to external influences such as unbridled desires or arbitrary societal customs.

Based on Pinkard, “Hegel”

Modern life, Greek life and the good life

In Jena, Hegel endeavored to blend the unity he perceived in Greek culture’s “ethical life” with the reflective and self-aware elements of modern “morality.” However, his exploration in the Phenomenology revealed the irreversible loss of Greek ethical life and the subsequent ascendance of the modern “moral worldview.” Hegel argued that this modern moral stance required a contemporary, Christian religious framework for us to come to terms with our collective historical position.

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Yet, his contemplation of modern discussions on legal codification and constitutionalism prompted Hegel to reassess his stance on ethical life. He concluded that not only was a modern ethical life feasible, but it was imperative for sustaining the legitimacy of modern concepts of legality and morality.

This prompted Hegel to refine one of his key assertions: that the only truly “unconditional” reasons for an agent are those integral to an admirable or “worthy” way of life. While this held true for Greek society, Hegel initially struggled to see how such unconditional reasons could manifest in modern contexts. The beauty and cohesion of Greek life contrasted starkly with the fragmented nature of modern existence, which seemed incapable of sustaining such unwavering commitment without a contemporary religion—possibly akin to Hegel’s own philosophy—to bind it together.

Hegel’s Doctrine of Contracts – an overview

Hegel’s concept of contract is deeply rooted in his philosophical system, particularly in his work “Elements of the Philosophy of Right” (also translated as “The Philosophy of Right”). In this work, Hegel examines the nature of ethical life, the state, and civil society. The concept of contract plays a significant role in his discussion of property rights, freedom, and the relationship between individuals and the state.

1. Contract as Expression of Freedom: Hegel sees contracts as manifestations of human freedom. By entering into contracts, individuals exercise their autonomy and express their will. Contracts, for Hegel, are not merely legal agreements but are ethical acts through which individuals realize their freedom and establish mutual obligations.
2. Foundation of Property Rights: In Hegel’s view, property rights are established through contracts. Through agreements such as buying, selling, leasing, or renting property, individuals assert their ownership rights. Contracts are essential for the recognition and enforcement of property rights within civil society.
3. Formation of Civil Society: Hegel sees civil society as a realm of mediated relationships where individuals interact through contracts. Civil society emerges from the voluntary associations and agreements made through contracts. Contracts form the basis of economic transactions, associations, and interactions in civil society.
4. Contractual Justice: Hegel emphasizes the importance of justice in contracts. For him, contracts should be based on mutual recognition and respect for the rights of all parties involved. Contracts should not be coercive or exploitative but should reflect the principles of fairness and equality.
5. Limits of Contract: While Hegel sees contracts as essential for the functioning of civil society, he also recognizes their limitations. He acknowledges that contracts alone cannot address all social and ethical issues. There are aspects of human life and relationships that cannot be reduced to contractual agreements, and the state has a role in regulating and adjudicating conflicts that arise beyond the scope of contracts.

Overall, Hegel’s concept of contract reflects his broader philosophical perspective on freedom, ethics, and the relationship between individuals and society. Contracts are seen as expressions of human freedom and autonomy, foundational for property rights and civil society, but they also carry ethical implications and require principles of justice and fairness.

Hegel’s Understanding of Property – Par 488 Enc.

Hegel’s Understanding of Property in General

Hegel’s understanding of property is primarily articulated in his major work, “Elements of the Philosophy of Right” (“Grundlinien der Philosophie des Rechts”), where he explores the ethical and legal dimensions of human society. In Hegel’s philosophy, property is not merely a matter of possession or ownership; rather, it occupies a central position in his conceptualization of freedom, self-consciousness, and the development of ethical life.