《哲学史-philosophy of history(英文版)》philosophy of history(英文版)-第20章
feelings。 Limitation is certainty produced by Society and the State; but it is a limitation of the mere brute emotions and rude instincts; as also; in a more advanced stage of culture; of the premeditated self…will of caprice and passion。 This kind of constraint is part of the instrumentality by which only; the consciousness of Freedom and the desire for its attainment; in its true … that is Rational and Ideal form … can be obtained。 To the Ideal of Freedom; Law and Morality are indispensably requisite: and they are in and for themselves; universal existences; objects and aims; which are discovered only by the activity of thought; separating itself from the merely sensuous; and developing itself; in opposition thereto; and which must on the other hand; be introduced into and incorporated with the originally sensuous will; and that contrarily to its natural inclination。 The perpetually recurring misapprehension of Freedom consists in regarding that term only in its formal; subjective sense; abstracted from its essential objects and aims; thus a constraint put upon impulse; desire; passion … pertaining to the particular individual as such … a limitation of caprice and self…will is regarded as a fettering of Freedom。 We should on the contrary look upon such limitation as the indispensable proviso of emancipation。 Society and the State are the very conditions in which Freedom is realised。 § 44 We must notice a second view; contravening the principle of the development of moral relations into a legal form。 The patriarchal condition is regarded … either in reference to the entire race of man; or to some branches of it … as exclusively that condition of things; in which the legal element is bined with a due recognition of the moral and emotional parts of our nature; and in which justice as united with these; truly and really influences the intercourse of the social units。 The basis of the patriarchal condition is the family relation; which develops the primary form of conscious morality; succeeded by that of the State as its second phase。 The patriarchal condition is one of transition; in which the family has already advanced to the position of a race or people; where the union; therefore; has already ceased to be simply a bond of love and confidence; and has bee one of plighted service。 We must first examine the ethical principle of the Family。 The Family may be reckoned as virtually a single person; since its members have either mutually surrendered their individual personality; (and consequently their legal position towards each other; with the rest of their particular interests and desires) as in the case of the Parents; or have not yet attained such an independent personality; … (the Children; … who are primarily in that merely natural condition already mentioned。) They live; therefore; in a unity of feeling; love; confidence; and faith in each other。 And in a relation of mutual love; the one individual has the consciousness of himself in the consciousness of the other; he lives out of self; and in this mutual self…renunciation each regains the life that had been virtually transferred to the other; gains; in fact; that other"s existence and his own; as involved with that other。 The farther interests connected with the necessities and external concerns of life; as well as the development that has to take place within their circle; i。e。 of the children constitute a mon object for the members of the Family。 The Spirit of the Family … the Penates … form one substantial being; as much as the Spirit of a People in the State; and morality in both cases consists in a feeling; a consciousness; and a will; not limited to individual personality and interest; but embracing the mon interests of the members generally。 But this unity is in the case of the Family essentially one of feeling; not advancing beyond the limits of the merely natural。 The piety of the Family relation should be respected in the highest degree by the State; by its means the State obtains as its members individuals who are already moral (for as mere persons they are not) and who in uniting to form a state bring with them that sound basis of a political edifice … the capacity of feeling one with a Whole。 But the expansion of the Family to a patriarchal unity carries us beyond the ties of blood…relationship … the simply natural elements of that basis; and outside of these limits the members of the munity must enter upon the position of independent personality。 A review of the patriarchal condition; in extenso; would lead us to give special attention to the Theocratical Constitution。 The head of the patriarchal clan is also its priest。 If the Family in its general relations; is not yet separated from civic society and the state; the separation of religion from it has also not yet taken place; and so much the less since the piety of the hearth is itself a profoundly subjective state of feeling。 § 45 We have considered two aspects of Freedom; … the objective and the subjective; if; therefore; Freedom is asserted to consist in the individuals of a State all agreeing in its arrangements it is evident that only the subjective aspect is regarded。 The natural inference from this principle is; that no law can be valid without the approval of all。 This difficulty is attempted to be obviated by the decision that the minority must yield to the。 majority; the majority therefore bear the sway。 But long ago J。 J。 Rousseau remarked; that in that case there would be no longer freedom; for the will of the minority would cease to be respected。 At the Polish Diet each single member had to give his consent before any political step could be taken; and this kind of freedom it was that ruined the State。 Besides; it is a dangerous and false prejudice; that the People alone have reason and insight; and know what justice is; for each popular faction may represent itself as the People; and the question as to what constitutes the State is one of advanced science; and not of popular decision。 § 46 If the principle o