philosophy of right-第41章
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other hand； is attained only by the stress of thought and much technical exertion。
§ 167。
In essence marriage is monogamy because it is personality … immediate exclusive
individuality … which enters into this tie and surrenders itself to it； and hence the
tie's truth and inwardness （i。e。 the subjective form of its substantiality） proceeds
only from the mutual； whole…hearted； surrender of this personality。 Personality
attains its right of being conscious of itself in another only in so far as the other is
in this identical relationship as a person； i。e。 as an atomic individual。
Remark： Marriage； and especially monogamy； is one of the absolute principles I on which the
ethical life of a community depends。 Hence marriage comes to be recorded as one of the moments
in the founding of states by gods or heroes。
§ 168。
Further； marriage results from the free surrender by both sexes of their
personality … a personality in every possible way unique in each of the parties。
Consequently； it ought not to be entered by two people identical in stock who are
already acquainted and perfectly known to one another； for individuals in the
same circle of relationship have no special personality of their own in contrast
with that of others in the same circle。 On the contrary； the parties should be
drawn from separate families and their personalities should be different in origin。
Since the very conception of marriage is that it is a freely undertaken ethical
transaction； not a tie directly grounded in the physical organism and its desires； it
follows that the marriage of blood…relations runs counter to this conception and so
also to genuine natural feeling。
Remark： Marriage itself is sometimes said to he grounded not in natural rights but simply in
instinctive sexual impulses； or again it is treated as a contract with an arbitrary basis。 External
arguments in support of monogamy have been drawn from physical considerations such as the
number of men and women。 Dark feelings of repulsion are advanced as the sole ground for
prohibiting consanguineous marriage。 the basis of all these views is the fashionable idea of a state
of nature and a natural origin for rights； and the lack of the concept of rationality and freedom。
Addition： A sense of shame … to go no farther … is a bar to consanguineous marriage。 But this
repugnance finds justification in the concept of the thing。 What is already united； I mean； cannot be
united for the first time by marriage。 It is a commonplace of stock…breeding that the offspring is
comparatively weak when animals of the same stock arc mated； since if there is to be unification
there must first be division。 The force of generation； as of mind； is all the greater； the greater the
oppositions out of which it is reproduced。 Familiarity； close acquaintance； the habit of common
pursuits； should not precede marriage； they should come about for the first time within it。 And their
development has all the more value； the richer it is and the more facets it has。
§ 169。
The family； as person； has its real external existence in property； and it is only
when this property takes the form of capital that it becomes the embodiment of
the substantial personality of the family。
B。 The Family Capital
§ 170。
It is not merely property which a family possesses； as a universal and enduring
person； it requires possessions specifically determined as permanent and secure；
i。e。 it requires capital。 The arbitrariness of a single owner's particular needs is one
moment in property taken abstractly； but this moment； together with the
selfishness of desire； is here transformed into something ethical； into labour and
care for a common possession。
Remark： In the sagas of the founding of states； or at least of a social and orderly life； the
introduction of permanent property is linked with the introduction of marriage。 The nature of this
capital； however； and the proper means of its consolidation will appear in the section on civil
society。
§ 171。
The family as a legal entity in relation to others must be represented by the
husband as its head。 Further； it is his prerogative to go out and work for its living；
to attend to its needs； and to control and administer its capital。 This capital is
common property so that； while no member of the family has property of his
own； each has his right in the common stock。 This right； however； may come into
collision with the head of the family's right of administration owing to the fact that
the ethical temper of the family is still only at the level of immediacy （see § 158）
and so is exposed to partition and contingency。
§ 172。
A marriage brings into being a new family which is self…subsistent and
independent of the clans or 'houses' from which its members have been drawn。
The tie between these and the new family has a natural basis … consanguinity； but
the new family is based on love of an ethical type。 Thus an individual's property
too has an essential connection with his conjugal relationship and only a
comparatively remote one with his relation to his clan or 'house'。
Remark： The significance of marriage settlements which impose a restriction on the couple's
common ownership of their goods； of arrangements to secure continued legal assistance for the
woman； and so forth； ties in their being provisions in case of the dissolution of the marriage； either
naturally by death； or by divorce； &c。 They are also safeguards for securing that in such an
eventuality the different members of the family shall secure their share of the common stock。
Addition： In many legal codes the wider circle of the clan is adhered to； and this is regarded as
the essential bond； while the other bond； that of each particular family； appears less important in
comparison。 Thus in the older Roman law； the wife in the easily dissolved type of marriage stood
in a closer relation to her kinsfolk than to her husband and children。 Under feudal law； again； the
maintenance of the splendor familiae made it necessary for only the males of the family to be
reckoned members and for the clan as a whole to count as the important thing； while the newly
founded family disappeared in comparison。 Nevertheless； each new family is the essential thing in
contrast with the more remote connections of clan…kinship； and parents and children form the
nucleus proper as opposed to the clan； which is also in a certain sense called a 'family'。 Hence an
individual's relation to his wealth must have a more essential connection with his marriage than with
the wider circle of his kin。
C。 The Education of Children and the Dissolution of the Family
§ 173。
In substance marriage is a unity； though only a unity of inwardness or disposition；
in outward existence； however； the unity is sundered in the two parties。 It is only
in the children that the unity itself exists externally； objectively； and explicitly as a
unity； because the parents love the children as their love； as the embodiment of
their own substance。 From the physical point of view； the presupposition …
persons immediately existent （as parents） … here becomes a result； a process
which runs away into the infinite series of generations； each producing the next
and presupposing the one before。 This is the mode in which the single mind of the
Penates reveals its existence in the finite sphere of nature as a race。
Addition： The relation of love between husband and wife is in itself not objective； because even
if their feeling is their substantial unity； still this unity has no objectivity。 Such an objectivity parents
first acquire in their children； in whom they can see objectified the entirety of their union。 In the
child； a mother loves its father and he its mother。 Both have their love objectified for them in the
child。 While in their goods their unity is embodied only in an external thing； in their children it is
embod
