philosophy of right-第40章
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and uphold the right of the ethical order against caprice。
§ 164。
Mere agreement to the stipulated terms of a contrast in itself involves the genuine
transfer of the property in question （see § 79）。 Similarly； the solemn declaration
by the parties of their consent to enter the ethical bond of marriage； and its
corresponding recognition and confirmation by their family and community；
constitutes the formal completion and actuality of marriage。 The knot is tied and
made ethical only after this ceremony； whereby through the use of signs； i。e。 of
language （the most mental embodiment of mind … see § 78）； the substantial thing
in the marriage is brought completely into being。 As a result； the sensuous
moment； the one proper to physical life； is put into its ethical place as something
only consequential and accidental； belonging to the external embodiment of the
ethical bond； which indeed can subsist exclusively in reciprocal love and support。
Remark： If with a view to framing or criticising legal enactments； the question is asked： what
should be regarded as the chief end of marriage？； the question may be taken to mean： which single
facet of marriage in its actuality is to be regarded as the most essential one？ No one facet by itself；
however； makes up the whole range of its implicit and explicit content； i。e。 of its ethical character；
and one or other of its facets may be lacking in an existing marriage without detriment to the
essence of marriage itself。
It is in the actual conclusion of a marriage； i。e。 in the wedding； that the essence of the tie is
expressed and established beyond dispute as something ethical； raised above the contingency of
feeling and private inclination。 If this ceremony is taken as an external formality； a mere so…called
'civil requirement'； it is thereby stripped of all significance except perhaps that of serving the
purpose of edification and attesting the civil relation of the parties。 It is reduced indeed to a mere
fiat of a civil or ecclesiastical authority。 As such it appears as something not merely indifferent to
the true nature of marriage； but actually alien to it。 The heart is constrained by the law to attach a
value to the formal ceremony and the latter is looked upon merely as a condition which must
precede the complete mutual surrender of the parties to one another。 As such it appears to bring
disunion into their loving disposition and； like an alien intruder； to thwart the inwardness of their
union。 Such a doctrine ；。pretentiously claims to afford the highest conception of the freedom；
'inwardness； and perfection of love； but in fact it is a travesty of the ethical aspect of love； the
higher aspect which restrains purely sensual impulse and puts it in the background。 Such restraint is
already present at the instinctive level in shame； and it rises to chastity and modesty as
consciousness becomes more specifically intelligent。 In particular； the view just criticised casts
aside marriage's specifically ethical character； which consists in this； that the consciousness of the
parties is crystallised out of its physical and subjective mode and lifted to the thought of what is
substantive； instead of continually reserving to itself the contingency and caprice of bodily desire； it
removes the marriage bond from the province of this caprice； surrenders to the substantive； and
swears allegiance to the Penates； the physical moment it subordinates until it becomes something
wholly conditioned by the true and ethical character of the marriage relation and by the recognition
of the bond as an ethical one。 It is effrontery and its buttress； the Understanding； which cannot
apprehend the speculative character of the substantial tie； nevertheless； with this speculative
character there correspond both ethical purity of heart and the legislation of Christian peoples。
Addition： Friedrich von Schlegel in his Lucinde； and a follower of his in the Briefe eines
Ungenannten； I have put forward the view that the wedding ceremony is superfluous and a
formality which might be discarded。 Their reason is that love is； so they say； the substance of
marriage and that the celebration therefore detracts from its worth。 Surrender to sensual impulse is
here represented as necessary to prove the freedom and inwardness of love … an argument not
unknown to seducers。
It must be noticed in connection with sex…relations that a girl in surrendering her body loses her
honour。 With a man； however； the case is otherwise； because he has a field for ethical activity
outside the family。 A girl is destined in essence for the marriage tie and for that only； it is therefore
demanded of her that her love shall take the form of marriage and that the different moments in
love shall attain their true rational relation to each other。
§ 165。
The difference in the physical characteristics of the two sexes has a rational basis
and consequently acquires an intellectual and ethical significance。 This
significance is determined by the difference into which the ethical substantiality；
as the concept； internally sunders itself in order that its vitality may become a
concrete unity consequent upon this difference。
§ 166。
Thus one sex is mind in its self…diremption into explicit personal self…subsistence
and the knowledge and volition of free universality； i。e。 the self…consciousness of
conceptual thought and the volition of the objective final end。 The other sex is
mind maintaining itself in unity as knowledge and volition of the substantive； but
knowledge and volition in the form of concrete individuality and feeling。 In
relation to externality； the former is powerful and active； the latter passive and
subjective。 It follows that man has his actual substantive life in the state； in
learning； and so forth； as well as in labour and struggle with the external world
and with himself so that it is only out of his diremption that he fights his way to
self…subsistent unity with himself。 In the family he has a tranquil intuition of this
unity； and there he lives a subjective ethical life on the plane of feeling。 Woman；
on the other hand； has her substantive destiny in the family； and to be imbued
with family piety is her ethical frame of mind。
Remark： For this reason； family piety is expounded in Sophocles' Antigone … one of the most
sublime presentations of this virtue … as principally the law of woman； and as the law of a
substantiality at once subjective and on the plane of feeling； the law of the inward life； a life which
has not yet attained its full actualisation； as the law of the ancient gods； 'the Gods of the
underworld； as 'an everlasting law； and no man knows at what time it was first put forth'。 This law
is there displayed as a law opposed to public law； to the law of the land。 This is the supreme
opposition in ethics and therefore in tragedy； and it is individualised in the same play in the
opposing natures of man and woman。
Addition： Women are capable of education； but they are not made for activities which demand
a universal faculty such as the more advanced sciences； philosophy； and certain forms of artistic
production。 Women may have happy ideas； taste； and elegance； but they cannot attain to the ideal。
（Ideale。 By this word Hegel means 'the Beautiful and whatever tends thither' （Science of Logic； i。
163； footnote）。 It is to be distinguished； therefore； from Ideelle＇ The difference between men and
women is like that between animals and plants。 Men correspond to animals； while women
correspond to plants because their development is more placid and the principle that underlies it is
the rather vague unity of feeling。 When women hold the helm of government； the state is at once in
jeopardy； because women regulate their actions not by the demands of universality but by
arbitrary inclinations and opinions。 Women are educated … who knows how？ … as it were by
breathing in ideas； by living rather than by acquiring knowledge。 The status of manhood； on the
other hand； is attained only by the stress of thought and much technical exertion。
