philosophy of right-第4章
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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