The Introduction to the Elements of the Philosophy of Right : Right, Will and Freedom

1. The Introduction to the Elements of the Philosophy of Right: Right, Will and Freedom

2. 1. What is ‘right’? Hegel speaks of ‘right’ (Recht) not ‘rights’ or ‘a right’ – cf. French droit and Latin ius A right = a claim to something that one holds can be legitimately made in relation to others or in relation to the state and that typically ought to be legally protected and enforced Right (justice or law) = whole system and foundation of law as distinct from specific legal statutes Hegel is not directly concerned with ‘positive’ right – a particular, given body or system of laws The ‘philosophical science of right’ (§ 1) is not to be confused with ‘the positive science of right’ (i.e. study of law, legal history) (§ 3)

3. The basis of right is the realm of spirit [Geist] in general and its precise location and point of departure is the will; the will is free, so that freedom constitutes its substance and destiny [Bestimmung; also definition, determination, vocation, DJ] and the system of right is the realm of actualized freedom, the world of spirit produced from within itself as a second nature. (§ 4)

4. (1) ‘Right’ is to be explained in terms of ‘spirit’ (2) More specifically, the form of ‘spirit’ designated by the term ‘will’ (3) The ‘will’ is essentially free; freedom is not a contingent property of the will (4) The will must in some sense actualise or realise its freedom if it is to be what it essentially is (5) It does this in the form of ‘the system of right’ (6) This system is some kind of ‘second’ nature’ Clearly, we must first look at Hegel’s theory of the will so as to explain what he means by the term ‘right’

5. 2. Hegel’s theory of the will Hegel rejects view of will as separate faculty that mediates between thought and action Any act of willing necessarily involves both thought and action and cannot, therefore, be considered as separate from them Since freedom is the essence of the will, freedom must manifest itself in all the moments of the will The concept of the will The essential structure common to each and every individual will in which this structure is instantiated This will is therefore universal or ‘general’ in the sense of applying to all willing whatsoever

6. (1) Moment of abstract universality or ‘pure indeterminacy’ (§ 5) One can conceive of oneself in abstraction from any given content (one’s needs, desires, drives etc.) I encounter myself as a concrete self with certain needs, desires, drives etc. I can, however, consider these given features as external to myself, in the sense of being able either to identify myself with them or to choose to renounce them Second-order desires – desires relating to other desires - I may or may not desire to act on a desire that I happen to have Hegel’s position is more radical than this – I can renounce all desires – a human being can commit suicide, whereas an animal cannot

7. ‘Negative’ freedom Not in liberal sense – sphere free from interference by others, including the state, in which individuals may do as they please (Hegel recognises the importance of such freedom, while providing a far more complex account of freedom) In so far as I possess the capacity to abstract from all given determinations, I am a ‘pure’ self (or ‘I’) identical to all other such selves (at least in thought) We can abstract from the particular differences that distinguish us from others and thereby think of ourselves as essentially equal as belonging to the same general type as them – abstract equality Although an essential component (condition) of freedom, this conception of freedom is too abstract

8. (2) The ‘finitude or particularization’ of the will (§ 6) Willing always involves the willing of something The will must have a determinate content or object In having such a determinate content or object, the will becomes limited By willing a determinate content or object, I subject myself to certain constraints (e.g. the means of realising an end) (For Hegel something is finite when it finds its limit in something external to itself)

9. (3) Will as unity of previous two moments – concrete universal – a universal that contains the particular within itself (§ 7) The universal and the particular are not externally related to each other Rather, the will remains ‘with itself’ (beisich) in its object or the ‘other’ which limits it The will is only truly will when it realises its essence or concept It is itself essentially activity (i.e. the act of producing itself as will) as opposed to something already given It does not, therefore, exist independently of this activity Emphasis on self-activity and self-actualisation

10. 3. Freedom as ‘being with oneself in the other’ Form of freedom which already manifests itself in certain forms of human association based on feeling (e.g. friendship and love) Objective aspect - I am subject to constraints that my relation to another imposes on me (e.g. the duty to be a good friend or spouse) Thus my own will is limited Yet I do not experience these constraints as something external Subjective aspect - I experience, rather, a sense of absence of constraint in relation to them Compatibility of freedom and constraint

11. Unfreedom would be when I am subject to purely external constraints Freedom as independence – I am not free when I am dependent on something external to me over which I have no control, while it may control or dominate me Freedom is not, therefore, simply the absence of direct forms of interference and being able to do what one wants to do This liberal freedom would seem to increase the more physically isolated one becomes - an essentially asocial conception of freedom Given existence of constraints in a condition of interdependence, ideal condition would surely be one in which the constraints to which people are subject as social beings are not experienced as external constraints, because they can in some sense identify themselves with them– social freedom

12. 4. Levels of the will’s freedom (‘forms of the will’) Increasingly complex and more adequate ways in which the will remains with itself in its object or ‘other’ ‘Immediate or natural’ will (§ 11) The will as determined by given desires, drives and inclinations etc. These desires etc. are mine but without having been determined as mine by me – I just happen to have them They are biologically, culturally and socially determined and thus not the product of my own will

13. These desires, drives and inclinations etc. are indeterminate: (i) There is an indeterminate multiplicity of them (ii) They do not have a specific object (for example, the desire to eat, not the desire to eat some bread) (2) The ‘resolving’ will (§§ 12-13) Indeterminacy in senses (i) and (ii) is removed by willing to pursue one desire, drive or inclination rather than another one (e.g. the desire to work, rather than the desire to sleep) willing one object rather than another as means (e.g. desiring to work on a Hegel essay rather than on a Kant essay)

14. The capacity of the will to resolve presupposes that: [T]his content is only a possible one for the reflection of ‘I’ into itself; it may or may not be mine; and ‘I’ is the possibility of determining myself to this or to something else; of choosing between these determinations which the ‘I’ must in this respect regard as external. (§ 14) (3) Arbitrary will (freedom of choice, being able to do what one wants to do) Capacity to objectify one’s given desires, drives and inclinations etc. and to choose among them It remains, however, a contingent matter what one actually chooses

15. (4) Happiness The idea of happiness provides some kind of ordering principle One’s various drives, desires and inclinations must be organised in a certain way, with some being subordinated to others If two desires are incompatible, one must choose to act on the basis of one of them at the expense of the other Such choices take place in the broader context of the plans and projects that we have These plans and projects are themselves determined by what we think will make us happy

16. The idea of happiness functions as a universal by means of which our given desires, drives etc. are consciously organised But there is no independent standard to determine what the content of happiness itself should be This content will therefore ultimately depend on what each individual takes happiness to be In this respect, the content of happiness remains contingent and particular

17. (5) Autonomy When the will has universality, or itself as infinite form, as its content, object, and end, it is free not only in itself but also for itself. (§ 21) The actualisation or realization of the concept of the will consists in the will making what it essentially is (in itself) into an object of consciousness (for itself) Implicit → explicit Hegel identifies ‘the will which is free in and for itself’ with ‘right, or ethics [Sittlichkeit]’ (§ 15R)

18. This will is characterised by (1) Universality – ‘the being which has being in itself and for itself has as its object the will itself as such, and hence itself in its pure universality’ (§ 21R) (2) Necessity – ‘This self-consciousness which comprehends itself as essence through thought and thereby divests itself of the contingent and the untrue constitutes the principle of right, of morality, and of all ethics’. (§ 21R) Autonomy = being subject to laws (principles of action characterised by universality and necessity) that are in some sense self-imposed

19. Kant on autonomy: [T]he will is not merely subject to the law but subject to it in such a way that it must be viewed as also giving the law to itself and just because of this as first subject to the law. (Groundwork of the Metaphysics of Morals) For Kant, the mark of law is universality (something that is valid for allmoral agents) (2) necessity (it ought to be unconditionally obeyed - it is a matter of duty) The rational will is subject to a law that it gives itself in the sense that this law conforms to agent’s own essential (rational) nature

20. This identity of the will and the constraints to which it is subject in virtue of their common rationality means that the will is not subject to purely external constraints The will which has being in and for itself is truly infinite, because its object is itself, and therefore not something which its sees as other or as a limitation. (§ 22) (Infinity = not being limited by something external) Only in this freedom is the will completely with itself [beisich], because it has reference to nothing but itself, so that every relationship of dependence on something other than itself is thereby eliminated. (§ 23) A form of freedom in which being subject to limitations need not be experienced as mere constraint

21. 5. Right Rightis any existence [Dasein] in general which is the existence of the free will (§ 29). The forms of right outlined in PR are all ways in which the free will objectifies itself while remaining with itself in various entities: (1) External objects or things (abstract right) (2) External and internal actions, including their consequences (morality) (3) Social and political institutions (ethical life)

22. Institutions provide an objective guide to action in two senses: (i) They exist in the world (ii) They are objectively valid in relation to one’s own will – one has the duty to act in accordance with them Norms derive from the relation of our own wills to such institutions On the other hand, these institutions actualise certain rights that we have in the sense of being enabling conditions of freedom The justification of these institutions lies in being such conditions of freedom

23. As conditions of freedom, these institutions and the practices associated with them have a justified claim to be maintained by individuals and by society as a whole (a right to exist) Freedom through institutions rather than freedom defined in opposition to institutions The Structure of Hegel’s Theory of Right The stages of right are increasingly adequate objectifications of all the moments of freedom (1) – (5) described above: Each stage in the development of the Idea of freedom has its distinctive right, because it is the existence of freedom in one of its own determinations … Morality, ethics, and the interest of the state – each of these is a distinct variety of right, because each of them gives determinate shape and existence to freedom. (§ 30R)

24. Abstract → concrete A later stage is more concrete than an earlier one, in the sense that it more fully actualises freedom An earlier one is subordinate to a later one (§ 30, including R) A later stage cannot be adequately explained in terms of a lower one A later stage in some sense completes and limits the claims of an earlier one The development that the concept of right undergoes is conceptual not temporal (§ 32)

25. Right as ‘second’ nature (1) Right is not something given but a human construct that depends on consciousness and will for its existence (2) It nevertheless concerns the essence or nature of human freedom and reason (3) People typically obey laws and conform to institutional demands unreflectively, that is, as a matter of habit