Hegel: Philosophy of Right

While it is widely agreed that Hegel’s philosophy is a philosophy of freedom, the significance and scope of Hegel’s theory of freedom is disputed. Most scholarly work on this topic has been devoted to the socio-political philosophy of the Philosophy of Right. But Hegel also speaks of freedom in a way which extends beyond the concerns of his socio-political thought. This dissertation demonstrates how Hegel’s theory of freedom is more fully grasped when it is understood as a comprehensive philosophy which (...) also involves an ontology (a logic of being) and a phenomenology (a direct experience of this logic). The free state which Hegel outlines in the Philosophy of Right is still only a limited manifestation of a freedom which also pervades other aspects of human experience. A way of thinking which is “free” (in the sense that it does not restrict itself by assuming false methodological limitations) is itself essential to our capacity for rational self-determination. Moreover, this “speculative” perspective has only been achieved through the gradual cultivation (Bildung) of the free personality throughout history. -/- This dissertation therefore investigates why Hegel thinks that freedom is at issue in abstract philosophical thought (in his logical works) as well as in concrete historical phenomena (in the Phenomenology of Spirit). This logic and appearance of freedom explicates Hegel’s statement in the Preface of the Phenomenology that the absolute is not only substance, but also subject. Having shown that both the ancient freedom of the “social substance” and the modern freedom of the “pure I” are untenable on their own terms, Hegel advances a logical and phenomenological theory of freedom in which these one-sided truths are reconciled with each other. The “substantial subject” of Hegelian freedom more fully actualizes the purely subjective freedom of the Enlightenment, enabling true individual self-determination. Freedom appears not just as the right to make arbitrary choices, but as substantial thought and conviction. (shrink)

Many interpreters argue that irrational acts of exchange can count as rational and civic-minded for Hegel—even though, admittedly, the persons who are exchanging their property are usually unaware of this fact. While I do not want to deny that property exchange can count as rational in terms of ‘mutual recognition’ as interpreters claim, this proposition raises an important question: What about the irrationality and arbitrariness that individuals as property owners and persons consciously enjoy? Are they mere vestiges of nature in (...) Hegel’s system, or do they constitute a simple yet valid form of freedom that is not only a part of Hegel’s rational system of right, but its necessary starting point? I will argue the latter: The arbitrary, purely egoist self-definition of property owners is the simplest possible type of freedom for Hegel, which he dissects in order to show how the very arbitrary self-definition implicitly relies on an identity between persons, and hence foreshadows the more social forms of freedom Hegel will discuss later in his book. I make this argument by highlighting Hegel’s references to his discussion of atoms and freedom in his Logic of Being. (shrink)

The objective of this article is to compare and contrast the influential notion of natural and property rights created by John Locke in his "Second Treatise on Government" (1689) to the posterior notion of abstract right expressed by Georg Wilhelm Friedrich Hegel in his "Elements of the Philosophy of Right". Said analysis is particularly pertinent given the complexity of Hegel’s political philosophy, and, perhaps more importantly, seeing as Hegel’s abstract right was (allegedly and in part) intended to point out the (...) shortcomings of Locke’s theory of natural and property rights, in order to further the human understanding of the world. More specifically, this article will examine the two rights theories in terms of their respective amounts of emphasis on individualism, or lack thereof. It will reveal three areas in which Lockean rights are more geared towards the primacy of the individual than Hegelian rights: (1) in their respective understandings of what it means to be a person, (2) in their conduciveness to individual wellbeing through the obligations each theory entails, and (3) in the extent of the rights themselves in relation to the state. (shrink)

The goal of this paper is to clarify the role wrong plays in Hegel ’s system of right, as both a form of freedom and the transition to morality. Two approaches will be examined to explore wrong in practical philosophical terms: First, one could take the transition to be descriptive in nature. The transition describes wrong as a realized fact of the human condition that one inherits from the outset. Second, one could see it as prescriptive. Actual wrongdoing would be (...) essential for the subject’s progression to becoming moral. Though both are most likely the case, emphasis is given to the latter since it represents the actualization of potential. Furthermore, it will be suggested that wrong plays a similar role as that which alienation does in the Phenomenology of Spirit; both bridge the will as abstract personality with the moral point of view. (shrink)

Thom Brooks'sHegel's Political Philosophy: A Systematic Reading of the Philosophy of Rightpresents a very clear and methodologically self-conscious series of discussions of key topics within Hegel's classic text. As one might expect for a ‘systematic’ reading, the main body of Brooks's text commences with an opening chapter on Hegel's system. Then follow seven chapters, the topics of which are encountered sequentially as one reads through thePhilosophy of Right. Brooks's central claim is that too often Hegel's theories or views on any (...) of these topics are misunderstood because of a tendency to isolate the relevant passages from the encompassing structure of thePhilosophy of Rightitself, and, in turn, from Hegel's system of philosophy as a whole, with its logical underpinnings. Brooks is clearly right in holding that Hegel hadintendedthePhilosophy of Rightto be read against the background of ‘the system’ and the ‘logic’ articulating it —nobody doubts that— but there is a further substantive issue here.Shouldcontemporary readers heed Hegel's advice? Brooks's answer is emphatically in the affirmative, and what results is a series of illuminating discussions in which he makes a case for his own interpretations on the basis of systematic considerations, presented against a range of alternatives taken from the contemporary secondary literature, which is amply covered, often in the extensive endnotes to the book. (shrink)

Frederick Neuhouser's The Foundations of Hegel's Social Theory expertly answers many standard objections to Hegel's theory, and offers a careful reading of its basic principles. However, questions remain whether Neuhouser can successfully reconstruct Hegel's theory while avoiding its links to Hegel's logic. Hegel's normative conclusions depend on logical principles about the self that are not adequately translated into Neuhouser's normative and consequentialist arguments.