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view which holds the mere fact of conviction to be all-important, as if it mattered not what we thought and believed and did, so long as we were sincere in our belief. All this emphasis on the good-will, on the imperative of duty, on the rights of conscience, has, he admits, its justification in certain circumstances, as [pg clxxxviii] against mere legality, or mere natural instinctive goodness; but it has been overdone. Above all, it errs by an excess of individualism. It springs from an attitude of reflection,—in which the individual, isolated in his conscious and superficial individuality, yet tries—but probably tries in vain—to get somewhat in touch with a universal which he has allowed to slip outside him, forgetting that it is the heart and substance of his life. Kant, indeed, hardly falls under this condemnation. For he aims at showing that the rational will inevitably creates as rational a law or universal; that the individual act becomes self-regulative, and takes its part in constituting a system or realm of duty.

Still, on the whole, “morality” in this narrower sense belongs to an age of reflection, and is formal or nominal goodness rather than the genuine and full reality. It is the protest against mere instinctive or customary virtue, which is but compliance with traditional authority, and compliance with it as if it were a sort of quasi-natural law. Moralising reflection is the awakening of subjectivity and of a deeper personality. The age which thus precedes morality is not an age in which kindness, or love, or generosity is unknown. And if Hegel says that “Morality,” strictly so called, began with Socrates, he does not thereby accuse the pre-Socratic Greeks of inhumanity. But what he does say is that such ethical life as existed was in the main a thing of custom and law: of law, moreover, which was not set objectively forward, but left still in the stage of uncontradicted usage, a custom which was a second nature, part of the essential and quasi-physical ordinance of life. The individual had not yet learned to set his self-consciousness against these usages and ask for their justification. These are like the so-called law of the Medes and Persians which alters not: customs [pg clxxxix] of immemorial antiquity and unquestionable sway. They are part of a system of things with which for good or evil the individual is utterly identified, bound as it were hand and foot. These are, as a traveller says103, “oral and unwritten traditions which teach that certain rules of conduct are to be observed under certain penalties; and without the aid of fixed records, or the intervention of a succession of authorised depositaries and expounders, these laws have been transmitted to father and son, through unknown generations, and are fixed in the minds of the people as sacred and unalterable.”

The antithesis then in Hegel, as in Kant, is between Law and Morality, or rather Legality and Morality,—two abstractions to which human development is alternately prone to attach supreme importance. The first stage in the objectivation of intelligence or in the evolution of personality is the constitution of mere, abstract, or strict right. It is the creation of institutions and uniformities, i.e. of laws, or rights, which express definite and stereotyped modes of behaviour. Or, if we look at it from the individual's standpoint, we may say his consciousness awakes to find the world parcelled out under certain rules and divisions, which have objective validity, and govern him with the same absolute authority as do the circumstances of physical nature. Under their influence every rank and individual is alike forced to bow: to each his place and function is assigned by an order or system which claims an inviolable and eternal supremacy. It is not the same place and function for each: but for each the position and duties are predetermined in this metaphysically-physical order. The situation and its duties [pg cxc] have been created by super-human and natural ordinance. As the Platonic myth puts it, each order in the social hierarchy has been framed underground by powers that turned out men of gold, and silver, and baser metal: or as the Norse legend tells, they are the successive offspring of the white God, Heimdal, in his dealings with womankind.

The central idea of the earlier social world is the supremacy of rights—but not of right. The sum (for it cannot be properly called a system) of rights is a self-subsistent world, to which man is but a servant; and a second peculiarity of it is its inequality. If all are equal before the laws, this only means here that the laws, with their absolute and thorough inequality, are indifferent to the real and personal diversities of individuals. Even the so-called equality of primitive law is of the “Eye-for-eye, Tooth-for-tooth” kind; it takes no note of special circumstances; it looks abstractly and rudely at facts, and maintains a hard and fast uniformity, which seems the height of unfairness. Rule stands by rule, usage beside usage,—a mere aggregate or multitude of petty tyrants, reduced to no unity or system, and each pressing with all the weight of an absolute mandate. The pettiest bit of ceremonial law is here of equal dignity with the most far-reaching principle of political obligation.

In the essay already referred to, Hegel has designated something analogous to this as Natural or Physical Ethics, or as Ethics in its relative or comparative stage. Here Man first shows his superiority to nature, or enters on his properly ethical function, by transforming the physical world into his possession. He makes himself the lord of natural objects—stamping them as his, and not their own, making them his permanent property, his tools, his instruments of exchange [pg cxci] and production. The fundamental ethical act is appropriation by labour, and the first ethical world is the creation of an economic system, the institution of property. For property, or at least possession and appropriation, is the dominant idea, with its collateral and sequent principles. And at first, even human beings are treated on the same method as other things: as objects in a world of objects or aggregate of things: as things to be used and acquired, as means and instruments,—not in any sense as ends in themselves. It is a world in which the relation of master and slave is dominant,—where owner and employer is set in antithesis against his tools and chattels. But the Nemesis of his act issues in making the individual the servant of his so-called property. He has become an objective power by submitting himself to objectivity: he has literally put himself into the object he has wrought, and is now a thing among things: for what he owns, what he has appropriated, determines what he is. The real powers in the world thus established are the laws of possession-holding: the laws dominate man: and he is only freed from dependence on casual externals, by making himself thoroughly the servant of his possessions.

The only salvation, and it is but imperfect, that can be reached on this stage is by the family union. The sexual tie, is at first entirely on a level with the other arrangements of the sphere. The man or woman is but a chattel and a tool; a casual appropriation which gradually is transformed into a permanent possession and a permanent bond104. But, as the family constituted itself, it helped to afford a promise of better things. An ideal interest—the religion of the household—extending [pg cxcii] beyond the individual, and beyond the moment,—binding past and present, and parents to offspring, gave a new character to the relation of property. Parents and children form a unity, which overrides and essentially permeates their “difference” from each other: there is no exchange, no contract, nor, in the stricter sense, property between the members. In the property-idea they are lifted out of their isolation, and in the continuity of family life there is a certain analogue of immortality. But, says Hegel, “though the family be the highest totality of which Nature is capable, the absolute identity is in it still inward, and is not instituted in absolute form; and hence, too, the reproduction of the totality is an appearance, the appearance of the children105.” “The power and the intelligence, the ‘difference’ of the parents, stands in inverse proportion to the youth and vigour of the child: and these two sides of life flee from and are sequent on each other, and are reciprocally external106.” Or, as we may put it, the god of the family is a departed ancestor, a ghost in the land of the dead: it has not really a continuous and unified life. In such a state of society—a state of nature—and in its supreme form, the family, there is no adequate principle which though real shall still give ideality and unity to the self-isolating aspects of life. There is wanted something which shall give expression to its “indifference,” which shall control the tendency of this partial moralisation to sink at every moment into individuality, and lift it from its immersion in nature. Family life and economic groups (—for these two, which Hegel subsequently separates, are here kept close together) need an ampler and wider [pg cxciii] life to keep them from stagnating in their several selfishnesses.

This freshening and corrective influence they get in the first instance from deeds of violence and crime. Here is the “negative unsettling” of the narrow fixities, of the determinate conditions or relationships into which the preceding processes of labour and acquisition have tended to stereotype life. The harsh restriction brings about its own undoing. Man may subject natural objects to his formative power, but the wild rage of senseless devastation again and again bursts forth to restore the original formlessness. He may build up his own pile of wealth, store up his private goods, but the thief and the robber with the instincts of barbarian socialism tread on his steps: and every stage of appropriation has for its sequel a crop of acts of dispossession. He may secure by accumulation his future life; but the murderer for gain's sake cuts it short. And out of all this as a necessary consequence stands avenging justice. And in the natural world of ethics—where true moral life has not yet arisen—this is mere retaliation or the lex talionis;—the beginning of an endless series of vengeance and counter-vengeance, the blood-feud. Punishment, in the stricter sense of the term,—which looks both to antecedents and effects in character—cannot yet come into existence; for to punish there must be something superior to individualities, an ethical idea embodied in an institution, to which the injurer and the injured alike belong. But as yet punishment is only vengeance, the personal and natural equivalent, the physical reaction against injury, perhaps regulated and formulated by custom and usage, but not essentially altered from its purely retaliatory character. These crimes—or transgressions—are thus by Hegel quaintly conceived as storms which clear the air—which shake the individualist [pg cxciv] out of his slumber. The scene in which transgression thus acts is that of the so-called state of nature, where particularism was rampant: where moral right was not, but only the right of nature, of pre-occupation, of the stronger, of the first maker and discoverer. Crime is thus the “dialectic” which shakes the

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