philosophy of right-第42章
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child。 While in their goods their unity is embodied only in an external thing； in their children it is
embodied in a spiritual one in which the parents are loved and which they love。
§ 174。
Children have the right to maintenance and education at the expense of the
family's common capital。 The right of the parents to the service as service of their
children is based upon and is restricted by the common task of looking after the
family generally。 Similarly； the right of the parents over the wishes of their
children is determined by the object in view … discipline and education。 The
punishment of children does not aim at justice as such； the aim is more subjective
and moral in character； i。e。 to deter them from exercising a freedom still in the
tolls of nature and to lift the universal into their consciousness and will。
Addition： Man has to acquire for himself the position which he ought to attain； he is not already
in possession of it by instinct。 It is on this fact that the child's right to education is based。 Peoples
under patriarchal government are in the same position as children； they are fed from central stores
and not regarded as self…subsistent and adults。 The services which may be demanded from
children should therefore have education as their sole end and be relevant thereto； they must not
be ends in themselves； since a child in slavery is in the most unethical of all situations whatever。
One of the chief factors in education is discipline； the purport of which is to break down the child's
self…will and thereby eradicate his purely natural and sensuous self。 We must not expect to achieve
this by mere goodness； since it is just the immediate will which acts on immediate fancies and
caprices； not on reasons and representative thinking。 If we advance reasons to children； we leave
it open to them to decide whether the reasons are weighty or not； and thus we make everything
depend on their whim。 So far as children are concerned； universality and the substance of things
reside in； their parents； and this implies that children must be obedient。 If the feeling of
subordination； producing the longing to grow up； is not fostered in children； they become forward
and impertinent。
§ 175。
Children are potentially free and their life directly embodies nothing save potential
freedom。 Consequently they are not things and cannot be the property either of
their parents or others。 In respect of his relation to the family； the child's
education has the positive aim of instilling ethical principles into him in the form
of an immediate feeling for which differences are not yet explicit； so that thus
equipped with the foundation of an ethical life； his heart may live its early years in
love； trust； and obedience。 In respect of the same relation； this education has the
negative aim of raising children out of the instinctive； physical； level on which
they are originally； to self…subsistence and freedom of personality and so to the
level on which they have power to leave the natural unity of the family。
Remark： One of the blackest marks against Roman legislation is the law whereby children were
treated by their fathers as slaves。 This gangrene of the ethical order at the tenderest point of its
innermost life is one of the most important clues for understanding the place of the Romans in the
history of the world and their tendency towards legal formalism。
The necessity for education is present in children as their own feeling of dissatisfaction with
themselves as they are； as the desire to belong to the adult world whose superiority they divine； as
the longing to grow up。 The play theory of education assumes that what is childish is itself already
something of inherent worth and presents it as such to the children； in their eyes it lowers serious
pursuits； and education itself； to a form of childishness for which the children themselves have
scant respect。 The advocates of this method represent the child； in the immaturity in which he feels
himself to be； as really mature and they struggle to make him satisfied with himself as he is。 But
they corrupt and distort his genuine and proper need for something better； and create in him a
blind indifference to the substantial ties of the intellectual world； a contempt of his elders because
they have thus posed before him； a child； in a contemptible and childish fashion； and finally a vanity
and conceit which feeds on the notion of its own superiority。
Addition： As a child； man must have lived with his parents encircled by their love and trust； and
rationality must appear in him as his very own subjectivity。 In the early years it is education by the
mother especially which is important； since ethical principles must be implanted in the child in the
form of feeling。 It is noteworthy that on the whole children love their parents less than their parents
love them。 The reason for this is that they are gradually increasing in strength； and are learning to
stand on their own feet； and so are leaving their parents behind them。 The parents； on the other
hand； possess in their children the objective embodiment of their union。
§ 176。
Marriage is but the ethical Idea in its immediacy and so has its objective actuality
only in the inwardness of subjective feeling and disposition。 In this fact is rooted
the fundamental contingency of marriage in the world of existence。 There can be
no compulsion on people to marry； and； on the other hand； there is no merely
legal or positive bond which can hold the parties together once their dispositions
and actions have become hostile and contrary。 A third ethical authority； however；
is called for to maintain the right of marriage … an ethical substantiality … against
the mere whims of hostile disposition or the accident of a purely passing mood；
and so forth。 Such an authority distinguishes these from the total estrangement of
the two parties and may not grant divorce until it is satisfied that the estrangement
is total。
Addition： It is because marriage depends entirely on feeling； something subjective and
contingent； that it may be dissolved。 The state； on the other hand； is not subject to partition；
because it rests on law。 To be sure； marriage ought to be indissoluble； but here again we have to
stop at this 'ought'； yet； since marriage is an ethical institution； it cannot be dissolved at will but only
by an ethical authority； whether the church or the law…court。 If the parties are completely
estranged； e。g。 owing to adultery； then even the ecclesiastical authority must permit divorce。
§ 177。
The ethical dissolution of the family consists in this； that once the children have
been educated to freedom of personality； and have come of age； they become
recognised as persons in the eyes of the law and as capable of holding free
property of their own and founding families of their own； the sons as heads of
new families； the daughters as wives。 They now have their substantive destiny in
the new family； the old family on the other hand falls into the background as
merely their ultimate basis and origin； while a fortiori the clan is an abstraction；
devoid of rights。
§ 178。
The natural dissolution of the family by the death of the parents； particularly the
father； has inheritance as its consequence so far as the family capital is
concerned。 The essence of inheritance is the transfer to private ownership of
property which is in principle common。 When comparatively remote degrees of
kinship are in question； and when persons and families are so dispersed in civil
society that they have begun to gain self…subsistence； this transfer becomes the
less hard and fast as the sense of family unity fades away and as every marriage
becomes the surrender of previous family relationships and the founding of a new
self…subsistent family。
Remark： It has been suggested I that the basis of inheritance ties in the fact that； by a man's
death； his property becomes wealth without an owner； and as such falls to
