Economics Dictionary of ArgumentsHome
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| Philosophy of law: The philosophy of law in idealism is the view that law is a manifestation of reason or spirit. Idealists believe that law is not simply a set of rules or commands, but rather a reflection of the fundamental values and principles that order society. See also Law, Idealism, G.W.F. Hegel._____________Annotation: The above characterizations of concepts are neither definitions nor exhausting presentations of problems related to them. Instead, they are intended to give a short introduction to the contributions below. – Lexicon of Arguments. | |||
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G.W.F. Hegel on Philosophy of Law - Dictionary of Arguments
Höffe I 333 Philosophy of Law/Hegel/Höffe: (...) Hegel's philosophy of law [is] composed of three parts. 1) (...) [here] it is about abstract law, whose subject is the individual as a person with legal capacity. Similar to Kant, it is subject to a commandment that has the rank of an unrestrictedly valid ought, a categorical imperative: "Be a person and respect the others as persons"(1). 2) (...) [here] follows as antithesis the >morality determined by Hegel as division. For in it the inwardness of the good is opposed to an exterior, the existing world. Hegel speaks from the point of view of what is to be or of what is demanded(2). 3) On the third stage, finally, the "unity and truth"(3) of the first two moments, their synthesis, freedom exists both as substance and as subjective will. It is the stage of >morality, determined as a "free being with oneself in the other". Höffe I 336 In the philosophy of law, according to Hegel's dialectic, the respective higher levels are bound back to the lower ones and at the same time form their conditions of possibility. Neither can law be founded without morality, nor can it be founded without morality. On the one hand, the private citizen of bourgeois society must be moralized in the institutions of the family and the state. On the other hand, these institutions of morality are based on the law and the morality. 1. Hegel, Grundlinien der Philosophie des Rechts oder Naturrecht und Staatswissenschaft im Grundriss, 1820, § 36 2. Ibid. § 108 3. Ibid. § 33_____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. Translations: Dictionary of Arguments The note [Concept/Author], [Author1]Vs[Author2] or [Author]Vs[term] resp. "problem:"/"solution:", "old:"/"new:" and "thesis:" is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition. |
Höffe I Otfried Höffe Geschichte des politischen Denkens München 2016 |
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