philosophy of right-第44章
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incoherence between unethical institutions and devices to rob them of that character； and it is the
retention of this incoherence which constitutes the deficiency and difficulty of the German law of
inheritance。 To be sure； the right to make a will must be conceded； but in conceding it our point of
view must be that this right of free choice arises or is magnified with the dispersion and
estrangement of the members of the family。 Further； the so…called 'family of friends' which
testamentary disposition brings with it may be admitted only in defect of members of the family
proper； i。e。 of spouse and children。 To make a will at all entails something obnoxious and
disagreeable； because in making it I reveal the names of my favourites。 Favour； however； is
arbitrary； it may be gained surreptitiously by a variety of expedients； it may depend on all sorts of
foolish reasons； and as a condition of having his name included in a will； a beneficiary may be
required to subject himself to the most abject servilities。 In England； the home of all sorts of
eccentricity； there is no end to the folly and whimsicality of bequests。
Transition of the Family into Civil Society
§ 181。
The family disintegrates （both essentially； through the working of the principle of
personality； and also in the course of nature） into a plurality of families； each of
which conducts itself as in principle a self…subsistent concrete person and
therefore as externally related to its neighbours。 In other words； the moments
bound together in the unity of the family； since the family is the ethical Idea still
in its concept； must be released from the concept to self…subsistent objective
reality。 This is the stage of difference。 This gives us； to use abstract language in
the first place； the determination of particularity which is related to universality
but in such a way that universality is its basic principle； though still only an inward
principle； for that reason； the universal merely shows in the particular as its form。
Hence this relation of reflection prima facie portrays the disappearance of ethical
life or； since this life as the essence necessarily shows itself； this relation
constitutes the world of ethical appearance … civil society。
Remark： The expansion of the family； as its transition into a new principle； is in the external
world sometimes its peaceful expansion until it becomes a people； i。e。 a nation； which thus has a
common natural origin； or sometimes the federation of scattered groups of families under the
influence of an overlord's power or as a result of a voluntary association produced by the tie of
needs and the reciprocity of their satisfaction。
Addition： The； starting…point for the universal here is the self…subsistence of the particular； and
the ethical order seems therefore to be lost at this point； since it is precisely the identity of the
family which consciousness takes to be the primary thing； the divine； and the source of obligation。
Now； however； a situation arises in which the particular is to be my primary determining principle；
and thus my determinacy by ethical factors has been annulled。 But this is nothing but a pure
mistake； since； while I suppose that I am adhering to the particular； the universal and the necessity
of the link between particulars remains the primary and essential thing。 I am thus altogether on the
level of show； and while my particularity remains my determining principle； i。e。 my end； I am for
that very reason the servant of the universal which properly retains power over me in the last
resort。
Third Part： Ethical Life
ii Civil Society
A： System of needs B： Justice C： Corporations
§ 182。
The concrete person； who is himself the object of his particular aims； is； as a
totality and a mixture of caprice and physical necessity； one principle of civil
society。 But the particular person is essentially so related to other particular
persons that each establishes himself and finds satisfaction by means of the
others； and at the same time purely and simply by means of the form of
universality； the second principle here。
Addition： Civil society is the ＇stage of＇ difference which intervenes between the family and
the state； even if its formation follows later in time than that of the state； because； as ＇the stage of＇
difference； it presupposes the state； to subsist itself； it must have the state before its eyes as
something self…subsistent。 Moreover； the creation of civil society is the achievement of the modern
world which has for the first time given all determinations of the Idea their due。 If the state is
represented as a unity of different persons； as a unity which is only a partnership； then what is
really meant is only civil society。 Many modem constitutional lawyers have been able to bring
within their purview no theory of the state but this。 In civil society each member is his own end；
everything else is nothing to him。 But except in contact with others he cannot attain the whole
compass of his ends； and therefore these others are means to the end of the particular member。 A
particular end； however； assumes the form of universality through this relation to other people； and
it is attained in the simultaneous attainment of the welfare of others。 Since particularity is inevitably
conditioned by universality； the whole sphere of civil Society is the territory of mediation where
there is free play for every idiosyncrasy； every talent； every accident of birth and fortune； and
where waves of every passion gush forth； regulated only by reason glinting through them。
Particularity； restricted by universality； is the only standard whereby each particular member
promotes his welfare。
§ 183。
In the course of the actual attainment of selfish ends — an attainment conditioned
in this way by universality — there is formed a system of complete
interdependence； wherein the livelihood； happiness； and legal status of one man is
interwoven with the livelihood； happiness； and rights of all。 On this system；
individual Happiness； &c。； depend； and only in this connected system are they
actualised and secured。 This system may be prima facie regarded as the external
state； the state based on need； the state as the Understanding envisages it。
§ 184。
The Idea in this its stage of division imparts to each of its moments a
characteristic embodiment； to particularity it gives the right to develop and launch
forth in all directions； and to universality the right to prove itself not only the
ground and necessary form of particularity； but also the authority standing over it
and its final end。 It is the system of the ethical order； split into its extremes and
lost； which constitutes the Idea’s abstract moment； its moment of reality。 Here
the Idea is present only as a relative totality and as the inner necessity behind this
outward appearance。
Addition： Here ethical life is split into its extremes and lost； the immediate unity of the family has
fallen apart into a plurality。 Reality here is externality； the decomposing of the concept； the
self…subsistence of its moments which have now won their freedom and their determinate
existence。 Though in civil society universal and particular have fallen apart； yet both are still
reciprocally bound together and conditioned。 While each of them seems to do just the opposite to
the other and supposes that it can exist only by keeping the other at arm’s length； none the less
each still conditions the other。 Thus； for example； most people regard the paying of taxes as
injurious to their particular interest； as something inimical and obstructive of their own ends。 Yet；
however true this seems； particular ends cannot be attained without the help of the universal； and a
country where no taxes were paid could not be singled out as invigorating its citizens。 Similarly； it
might seem that universal ends would be more readily attainable if the universal absorbed the
strength of the particulars in the way descri
