贝壳电子书 > 英文原著电子书 > philosophy of right >

第4章

philosophy of right-第4章

小说: philosophy of right 字数: 每页4000字

按键盘上方向键 ← 或 → 可快速上下翻页,按键盘上的 Enter 键可回到本书目录页,按键盘上方向键 ↑ 可回到本页顶部!
————未阅读完?加入书签已便下次继续阅读!



its absolute actuality。 

III: The State 
§ 257 The state is the actuality of the ethical Idea。 
§ 258 The state is absolutely rational once the particular has been raised to consciousness of its
universality。 
§ 259 Constitutional Law; International Law & World…History。 

___A: Constitutional Law 
§ 260 The state is the actuality of concrete freedom。 
§ 261 The strength of the state is lies in the unity of its universal end with the particular interest of
individual。 
§ 262 The function assigned to any individual is mediated by circumstances; caprice and personal
choice of station in life。 
§ 263 In particularity and individuality; mind glimmers in them as the power of reason in necessity。

§ 264 Mind is the nature of human beings en masse。 
§ 265 Social institutions and the Corporations are the pillars of public freedom。 
§ 266 Necessity appears to itself in the shape of freedom。 
§ 267 This necessity in ideality is the strictly political state and its constitution。 
§ 268 The political sentiment is simply a product of the institutions subsisting in the state。 
§ 269 The patriotic sentiment acquires its specifically determined content from members of the
organism of the state。 
§ 270 (1) Conservation of particular interests (2) The Powers of the State & (3) its universality。 
§ 271 The Internal Constitution & Foreign Relations of a State。 

_____Internal constitution 
§ 272 The constitution is rational in so far as the state acts in accordance with the nature of the
concept。 
§ 273 The Legislature; the Executive & the Crown。 
§ 274 The constitution of any given nation depends in general on the character and development
of its self…consciousness。 

_____(a) The Crown 
§ 275 (1) The universality of the constitution and laws; counsel; and the moment of ultimate
decision。 
§ 276 'a' The particular powers and their activities are dissolved and yet retained。 
§ 277 'b' The functions and powers of the state cannot be private property。 
§ 278 'c' Sovereignty requires that the powers of the state have their roots in the unity of the
state as their single self。 
§ 279 (2) The truth of subjectivity is attained only in a subject; and the truth of personality only in
a person。 
§ 280 (3) The monarch is raised to the dignity of monarchy in an immediate; natural; fashion
through his birth。 
§ 281 Something against which caprice is powerless; the 'majesty' of the monarch。 
§ 282 The right to pardon criminals arises from the sovereignty of the monarch。 
§ 283 The choice and dismissal of the supreme council rest with the monarch and his unrestricted
caprice。 
§ 284 The monarch is above all answerability for acts of government。 
§ 285 Universality subsists subjectively in the conscience of the monarch and objectively in the
constitution and laws。 
§ 286 In the rational organism of the state; each member; by maintaining itself in its own position。 

_____(b) The Executive 
§ 287 The task of subsuming the particular under the universal lies in the executive power; the
judiciary and the police。 
§ 288 Corporations; &c。; will be appointed by a mixture of popular election and ratification by
higher authority。 
§ 289 (a) the executive civil servants; and (b) the higher advisory officials。 
§ 290 Division of labour in the business of the executive。 
§ 291 The objective factor in the appointment of officials is knowledge and proof of ability。 
§ 292 Since the qualification for the civil service is not genius; there is an indefinite plurality of
eligible candidates。 
§ 293 While the actions of the officials are their duty; their office is also a right exempt from
contingency。 
§ 294 Once an individual has been appointed by the sovereign's act; his tenure is conditional on
his fulfilling its duties。 
§ 295 Security against misuse of power by officials lies in their hierarchical accountability; & the
authority of the Corporations。 
§ 296 Officials gain the habit of adopting universal interests; points of view; and activities。 
§ 297 The sovereign works on the middle class at the top; and Corporations work on it at the
bottom。 

_____(c) The Legislature 
§ 298 The legislature is itself a part of the constitution but the constitution develops with the
further elaboration of laws。 
§ 299 'a' provision by the state for their well…being and happiness; and 'b' the exaction of
services from them。 
§ 300 The last moment in the legislature is the Estates。 
§ 301 The Estates have the function of bringing public affairs into existence not only implicitly; but
also actually。 
§ 302 The Estates stand between the government on one hand and the nation broken up into
particulars on the other。 
§ 303 The class of civil servants must have the universal as the end of its essential activity。 
§ 304 The Estates still retain the class distinctions already present in the lower spheres of civil life。

§ 305 Members of the agricultural class attain their position by birth; just as the monarch does。 
§ 306 The agricultural class is particularly fitted for political position。 
§ 307 The right of this section of the agricultural class is based on the natural principle of the
family。 
§ 308 The section of the Estates comprises the fluctuating element & can enter politics only
through its deputies。 
§ 309 Deputies are elected to deliberate on public affair on the strength of confidence felt in them。

§ 310 The deputy acquires and develops a managerial and political sense; tested by his
experience。 
§ 311 Since civil society is the electorate; the deputies should be conversant with its particular
interests。 
§ 312 Each class in the Estates contributes something peculiarly its own to the work of
deliberation。 
§ 313 The upper and lower houses。 
§ 314 The distinctive purpose of the Estates is in their pooled political knowledge。 
§ 315 Public opinion reaches thoughts that are true and attains insight into the concept of the state
and its affairs。 
§ 316 Public opinion is a standing self…contradiction; the essential is just as directly present as the
inessential。 
§ 317 Public opinion has common sense; but is infected by accidents of opinion; ignorance and
perversity。 
§ 318 To be independent of public opinion is the first formal condition of achieving anything great
or rational。 
§ 319 Free speech is assured by the innocuous character which it acquires as a result of the
stability of government。 
§ 320 Subjectivity is manifested in the substantial will of the state; the subjectivity of the crown。 

_____Foreign relations 
§ 321 The state has individuality; and in the sovereign an actual; immediate individual。 
§ 322 Individuality manifests itself in the state as a relation to other states。 
§ 323 The relation of one state to another is that moment in the state which is most supremely its
own。 
§ 324 The individual's duty is to maintain the sovereignty of the state; at the risk and sacrifice of
property and life。 
§ 325 Sacrifice on behalf of the state is the substantial tie between the state and all its members。 
§ 326 If the state as such is in jeopardy; all its citizens are in duty bound to answer the summons
to its defence。 
§ 327 The courageous man's motive may be some particular reason or other; and even the result
not intended。 
§ 328 The work of courage is to actualise this final end; the sovereignty of the state。 
§ 329 It directly devolves on the monarch to command the armed forces and to conduct foreign
affairs。 

___B: International Law 
§ 330 International law springs from the relations between autonomous states。 
§ 331 The nation state is mind in its substantive rationality and immediate actuality — the absolute
power on earth。 
§ 332 The subject…matter of these contracts between states is infinitely less varied than it is in civil
society。 
§ 333 The fundamental proposition of international law is that treaties ought to be kept。 
§ 334 It follows that if states disagree; the matter can only be settled by war。 
§ 335 Danger threatening from another state is a cause of strife。 
§ 336 Welfare is the highest law governing the relation of one state to another。 
§ 337 

返回目录 上一页 下一页 回到顶部 2 1

你可能喜欢的