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第67章

philosophy of right-第67章

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doctrinal instruction; that the state should not only allow the church to do as it likes with complete
freedom; but that it should pay unconditional respect to the church's doctrines as doctrines;
whatever their character; because their determination is supposed to be the task of the church
alone。 The church bases this claim on the wide ground that the whole domain of mind (Geist) is its
property。 But science and all types of knowledge also have a footing in that domain and; like a
church; they build themselves into a whole with a guiding principle of its own; and; with even better
justification; may regard themselves as occupying the position which the church claims。 Hence
science also may in the same way demand to be independent of the state; which is then supposed
to be a mere means with the task of providing for science as though science were an end in itself。 

Further; for determining the relation between church and state; it makes no difference whether the
leaders of congregations or individuals ordained to the service of the church feel impelled to
withdraw from the state and lead a sort of secluded life of their own; so that only the other church
members are subject to the state's control; or whether they remain within the state except in their
capacity as ecclesiastics; a capacity which they take to be but one side of their life。 the most
striking thing about such a … conception of the church's relation to the state is that it implies the idea
… that the state's specific function consists in protecting and securing everyone's life; property; and
caprice; in so far as these do not encroach upon the life; property; and caprice of others。 The state
from this point of view is treated simply as an organisation to satisfy men's necessities。 In this way
the element of absolute truth; of mind in its higher development; is placed; as subjective religious
feeling or theoretical science; beyond the reach of the state。 The state; as the laity pure and simple;
is confined to paying its respects to this element and so is entirely deprived of any strictly ethical
character。 Now it is; of course; a matter of history that in times and under conditions of barbarism;
all higher forms of intellectual life had their seat only in the church; while the state was a mere
mundane rule of force; caprice; and passion。 At such times it was the abstract opposition of state
and church which was the main underlying principle of history (see § 359)。 But it is far too blind
and shallow a proceeding to declare that this situation is the one which truly corresponds with the
Idea。 The development of this Idea has proved this rather to be the truth; that mind; as free and
rational; is implicitly ethical; while the Idea in its truth is rationality actualised; and this it is which
exists as the state。 Further; this Idea has made it no less clearly evident that the ethical truth in it is
present to conscious thought as a content worked up into the form of universality; i。e。 as law … in
short; that the state knows its aims; apprehends and gives practical proof of them with a clear …
cut consciousness and in accordance with principles。 Now; as I said earlier; religion has the truth
as its universal subject…matter; but it possesses it only as a given content which has not been
apprehended in its fundamental characteristics as a result of thinking and the use of concepts。
Similarly; the relation of the individual to this subject…matter is an obligation grounded on authority;
while the 'witness of his own spirit and heart'; i。e。 that wherein the moment of freedom resides; is
faith and feeling。 It is philosophic insight which sees that while church and state differ in form; they
do not stand opposed in content; for truth and rationality are the content of both。 Thus when the
church begins to teach doctrines (though there are and have been some churches with a ritual only;
and others in which ritual is the chief thing; while doctrine and a more educated consciousness are
only secondary); and when these doctrines touch on objective principles; on thoughts of the ethical
and the rational; 'then their expression eo ipso brings the church into the domain of the state。 In
contrast with the church's faith and authority in matters affecting ethical principles; rightness; laws;
institutions; in contrast with the church's subjective conviction; the state is that which knows。 Its
principle is such that its content is in essence no longer clothed with the form of feeling and faith
but is determinate thought。 

If the content of absolute truth appears in the form of religion as a particular content; i。e。 as the
doctrines peculiar to the church as a religious community; then these doctrines remain out of the
reach of the state (in Protestantism they are out of the reach of priests too because; as there is no
laity there; so there is no priesthood to be an exclusive depository of church doctrine)。 Since
ethical principles and the organisation of the state in general are drawn into the domain of religion
and not only may; but also should; be established by reference thereto; this reference gives
religious credentials to the state itself。 On the other hand; however; the state retains the right and
the form of self…conscious; objective; rationality; the right to make this form count and to maintain
it against pretensions springing from truth in a subjective dress; no matter how such truth may
girdle itself with certitude and authority。 

The state is universal in form; a form whose essential principle is thought。 This explains why it was
in the state that freedom of thought and science had their origin。 It was a church; on the other
hand; which burnt Giordano Bruno; forced Galileo to recant on his knees his exposition of the
Copernican view of the solar system; and so forth。 

Footnote: When Galileo published the discoveries' about the phases of Venus; &c。; which he had made
with the aid of the telescope; 'he showed that they incontestably proved the motion of the earth。 But this idea
of the motion of the earth was declared heretical by an assembly of Cardinals; and Galileo; its most famous
advocate; was haled before the Inquisition and compelled to recant it; under pain of severe imprisonment。 One
of the strongest of passions is the love of truth in a man of genius。 。。。 Convinced of the motion of the earth as a
result of his own observations; Galileo meditated a long while on a new work in which he had resolved to
develop all the proofs in its favour。 But in order at the same time to escape from the persecution of which
otherwise he would inevitably have been the victim; he hit upon the device of expounding them in the form of
dialogues between three speakers。。。。 It is obvious enough in them that the advantage lies with the advocate of
the Copernican system; but since Galileo did not decide between the speakers; and gave as much weight as
possible to the objections raised by the partisans of Ptolemy; he might well have expected to be left to enjoy
undisturbed the peace to which his advanced age and his labours had entitled him。。。。 In his seventieth year he
was haled once more before the tribunal of the Inquisition。。。。 He was imprisoned and required to recant his
opinions a second time under threat of the penalty fixed for a relapse into heresy。 。。。 He was made to sign an
abjuration in the following terms: 〃I; Galileo; appearing in person before the court in my seventieth year;
kneeling; and with my eyes on the holy Gospels which I hold in my hands; abjure; damn; and execrate with my
whole heart and true belief the absurd; false; and heretical doctrine of the motion of the earth。。 。 。〃 What a
spectacle! An aged; venerable man; famous throughout a long life exclusively devoted to the study of nature;
abjuring on his knees; against the witness of his own conscience; the truth which he had demonstrated so
convincingly! By the judgement of the Inquisition he was condemned to perpetual imprisonment。 A year later
he was set at liberty through the intercession of the Grand Duke of Florence。 。 。 。 He died in 1642。 。 。 。 Europe
mourned his loss。 It had been enlightened by his labours and was exasperated by the ju

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