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第49章

philosophy of right-第49章

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                                 § 204。

(b) The business class has for its task the adaptation of raw materials; and for its
means of livelihood it is thrown back on its work; on reflection and intelligence;
and essentially on the mediation of one man’s needs and labour with those of
others。 For what this class produces and enjoys; it has mainly itself; its own
industry; to thank。 The task of this class is subdivided into 

     'a' work to satisfy single needs in a comparatively concrete way and to
     supply single orders — craftsmanship; 
     'b' work of a more abstract kind; mass…production to satisfy single needs;
     but needs in more universal demand — manufacture;
     'c' the business of exchange; whereby separate utilities are exchanged the
     one for the other; principally through the use of the universal medium of
     exchange; money; which actualises the abstract value of all commodities —
     trade。 

Addition: In the business class; the individual is thrown back on himself; and this feeling of
self…hood is most intimately connected with the demand for law and order。 The sense of freedom
and order has therefore arisen above all in towns。 The agricultural class; on the other hand; has
little occasion to think of itself; what it obtains is the gift of a stranger; of nature。 Its feeling of
dependence is fundamental to it; and with this feeling there is readily associated a willingness to
submit to whatever may befall it at other men’s hands。 The agricultural class is thus more inclined
to subservience; the business class to freedom。 

                                 § 205。

(c) The universal class 'the class of civil servants' has for its task the universal
interests of the community。 It must therefore be relieved from direct labour to
supply its needs; either by having private means or by receiving an allowance
from the state which claims its industry; with the result that private interest finds
its satisfaction in its work for the universal。 

                                 § 206。

It is in accordance with the concept that class…organisation; as particularity
become objective to itself; is split in this way into its general divisions。 But the
question of the particular class to which an individual is to belong is one on which
natural capacity; birth; and other circumstances have their influence; though the
essential and final determining factors are subjective opinion and the individual’s
arbitrary will; which win in this sphere their right; their merit; and their dignity。
Hence what happens here by inner necessity occurs at the same time by the
mediation of the arbitrary will; and to the conscious subject it has the shape of
being the work of his own will。 

Remark: In this respect too there is a conspicuous difference; in relation to the principle of
particularity and the subject’s arbitrary will; between the political life of the east and the west; and
also between that of the ancient and the modern world。 In the former; the division of the whole
into classes came about objectively of itself; because it is inherently rational; but the principle of
subjective particularity was at the same time denied its rights; in that; for example; the allotment of
individuals to classes was left to the ruling class; as in Plato’s Republic; or to the accident of birth;
as in the Indian caste…system。 Thus subjective particularity was not incorporated into the
organisation of society as a whole; it was not reconciled in the whole; and therefore — since as an
essential moment it emerges there in any event — it shows itself there as something hostile; as a
corruption of the social order (see Remark to § 185)Either it overthrows society; as happened in
the Greek states and in the Roman Republic; or else; should society preserve itself in being as a
force or as a religious authority; for instance; it appears as inner corruption and complete
degeneration; as was the case to some extent in Sparta and is now altogether the case in India。 

But when subjective particularity is upheld by the objective order in conformity with it and is at the
same time allowed its rights; then it becomes the animating principle of the entire civil society; of
the development alike of mental activity; merit; and dignity。 The recognition and the right that what
is brought about by reason of necessity in civil society and the state shall at the same time be
effected by the mediation of the arbitrary will is the more precise definition of what is primarily
meant by freedom in common parlance (see § 121)。 

                                 § 207。

A man actualises himself only in becoming something definite; i。e。 something
specifically particularised; this means restricting himself exclusively to one of the
particular spheres of need。 In this class…system; the ethical frame of mind
therefore is rectitude and esprit de corps; i。e。 the disposition to make oneself a
member of one of the moments of civil society by one’s own act; through one’s
energy; industry; and skill; to maintain oneself in this position; and to fend for
oneself only through this process of mediating oneself with the universal; while in
this way gaining recognition both in one’s own eyes and in the eyes of others。
Morality has its proper place in this sphere where the paramount thing is
reflection on one’s doings; and the quest of happiness and private wants; and
where the contingency in satisfying these makes into a duty even a single and
contingent act of assistance。 

Remark: At first (i。e。 especially in youth) a man chafes at the idea of resolving on a particular
social position; and looks upon this as a restriction on his universal character and as a necessity
imposed on him purely ab extra。 This is because his thinking is still of that abstract kind which
refuses to move beyond the universal and so never reaches the actual。 It does not realise that if the
concept is to be determinate; it must first of all advance into the distinction between the concept
and its real existence and thereby into determinacy and particularity (see § 7) — It is only thus that
the concept can win actuality and ethical objectivity。 

Addition: When we say that a man must be a ‘somebody’; we mean that he should belong to
some specific social class; since to be a somebody means to have substantive being。 A man with
no class is a mere private person and his universality is not actualised。 On the other hand; the
individual in his particularity may take himself as the universal and presume that by entering a class
he is surrendering himself to an indignity。 This is the false idea that in attaining a determinacy
necessary to it; a thing is restricting and surrendering itself。 

                                 § 208。

As the private particularity of knowing and willing; the principle of this system of
needs contains absolute universality; the universality of freedom; only abstractly
and therefore as the right of property。 At this point; however; this right is no
longer merely implicit but has attained its recognised actuality as the protection of
property through the administration of justice。 

     B。 Administration of Justice

               a: Right as Law     b: Determinate Law     c: Courts  


                               § 209。

The relatedness arising from the reciprocal bearing on one another of needs and
labour to satisfy these is first of all reflected into itself as infinite personality; as
abstract right。 But it is this very sphere of relatedness — a sphere of education;
which gives abstract right the determinate existence of being something
universally recognised; known; and willed; and having a validity and an objective
actuality mediated by this known and willed character。 

Remark: It is part of education; of thinking as the consciousness of the single in the form of
universality; that the ego comes to be apprehended as a universal person in which all are identical。
A man counts as ‘a man in virtue of his manhood alone; not because he is a Jew; Catholic;
Protestant; German; Italian; &c。 This is an assertion which thinking ratifies and to be cons

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