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”

The Historic Context of Hegel’s Social Philosophy

Hegel’s Philosophy of Right was influenced by ongoing debates following Napoleon’s fall, particularly regarding constitutional reform and legal codification. Central themes include

• the tension between universalism and particularism,
• the evolution of Hegel’s political philosophy from Kantian terminology to his own idealist approach, and
• his critique of Savigny‘s view on law and identity.

The Actuality of Liberty – par 485 Encyclopedia

Hegel is discussing the concept of liberty and its actualization through the unity of rational will with a single will. Liberty is never an individual action that breaks free of social restraints just for the fun of it. You might want to dress in a pair of jeans at your wedding, to express your individual preferences. Hegel would never accept that as a rational usage of your freedom. The more authentic way of expressing your individual (rational) freedom would be precisely to choose to dress according to fashion – never invent it, but follow it, he once said. Ask yourself, why would you wear jeans on such an occasion?

1. Unity of Rational Will with Single Will: Hegel suggests that liberty is realized when the rational will (associated with reason and thought) aligns with the single will, the will of the individual. This alignment is described as the immediate medium in which liberty becomes actual.
2. Actuality of Liberty: This unity is described as constituting the “simple actuality of liberty.” In other words, liberty is not just an abstract concept but becomes only real and tangible when the rational will and the individual will merge.
3. Content and Universality: Hegel argues that the content of this unity belongs to thought and is virtual in its universality. This implies that the essence of liberty is both conceptual and universal.
4. Law and Authority: When this content, imbued with universality, is recognized and institutionalized by intelligent consciousness, it takes the form of law or authoritative power. In other words, when society acknowledges and enforces the universal principles of liberty, it becomes law. That law is still ultimately nothing other than the inner rational content of free will, externalized as law.
5. Manner and Custom (Usage): Conversely, when the content of liberty is detached from mere practical feelings and impulses and is ingrained in the individual will in its universal form, it manifests as manner, custom, or usage. Hegel emphasizes that liberty when internalized by individuals, shapes their habits, temperament, and character. Hegel tries to bring back the idea of the “ethos”, and the “beautiful life” that supposedly was dominant in the Greek polis. Acting following the realized spirit of the collective is a higher way of living than merely obeying rules.

Hegel states in this paragraph that the realization of liberty works through the alignment of rational will and individual will, emphasizing the importance of universality in its conceptualization (it needs to be accepted by all) and its manifestation in both societal laws and individual behavior (it needs to be obeyed by all).

General Introduction to Hegel’s Philosophy

Georg Wilhelm Friedrich Hegel (1770–1831) was a German philosopher renowned for his development of dialectical thinking, often referred to as “dialectics.” Hegel’s dialectical method is a complex philosophical framework that seeks to understand the development of ideas and reality through the interplay of opposing forces or contradictions. Here’s an overview:

1. Thesis-Antithesis-Synthesis: Hegel’s dialectical method is often summarized in the triadic structure of thesis, antithesis, and synthesis. According to Hegel, any idea or concept (thesis) contains within it its opposite or contradiction (antithesis). The interaction between the thesis and antithesis leads to a higher-level synthesis, which resolves the contradiction but also transcends and preserves the truths of both the thesis and antithesis.
2. Historical Dialectics: Hegel applied his dialectical method not only to abstract ideas but also to history. He argued that historical progress occurs through a dialectical process in which social, political, and cultural developments arise from the clash and resolution of opposing forces, such as freedom versus authority, individuality versus community, and so on. This historical dialectic is evident in Hegel’s influential work “The Phenomenology of Spirit” and his “Lectures on the Philosophy of History.”
3. Absolute Idealism: Hegel’s dialectical method is grounded in his philosophy of absolute idealism. He posited that reality, including both the material world and human consciousness, is fundamentally spiritual or conceptual in nature. According to Hegel, the development of spirit (Geist) unfolds dialectically through history, culminating in the absolute or ultimate realization of spirit’s self-awareness.
4. Critique and Influence: Hegel’s dialectical method has been both celebrated and criticized by subsequent philosophers. Critics argue that Hegel’s system is overly abstract, teleological, and prone to metaphysical speculation. However, Hegel’s dialectics have had a profound impact on subsequent philosophical movements, including Marxism, existentialism, and critical theory. Karl Marx famously adapted Hegel’s dialectical method into his own materialist framework, emphasizing the role of socioeconomic contradictions in driving historical change.

In summary, Hegel’s dialectical method is a sophisticated philosophical approach that seeks to understand the dynamic and contradictory nature of reality, ideas, and historical development through the interplay of opposing forces. While it has been subject to criticism, Hegel’s dialectics remain influential in contemporary philosophy and continue to provoke debate and interpretation.