Hegel's Philosophy of Right

 


By Christopher Ryan Maboloc, PhD 

GWF Hegel's political philosophy is rooted in finding the rational basis for the existence of the state and man's relationship to social institutions. It can be said that Marx's critique of society is a one sided view of freedom. For instance, the French Revolution ended up destroying its main actors. For Hegel, man realizes the value of his freedom in the state. In his philosophy, the constitution is the expression of the will of citizens. 

The state for Hegel is the starting point of individual subjectivity. Every citizen has a right to scrutinize any law based on his or her self consciousness. This idea of subjectivity can be explained in the three ways in which freedom is conceptualized. First, freedom as doing what I want; second, freedom as moral or the individual as the source of principles to govern one's life, and third, freedom as the expression of the ethical life, which means that freedom is fully realized when I participate in social institutions. 

Modern society for Hegel is about the family, civil society, and the state. The first point stated above suggests that freedom is not abstract. Such negative view of freedom which reflects individual desires may result to unfreedom, for instance when one is acting based on impulse. For Hegel, freedom is connected to virtue and involves the transformation of our desires. To be ethical in the community, education is needed,

The second point explains the role of individual morality. Individuals are self determining agents. The individual believes that he or she must be morally responsible for his or her actions. This is what we refer to as a moral point of view. A person acts in accordance to one's own conscience. But the issue is that no individual acts in isolation to the norms and customs of society. The individual must live with others by way of a shared framework as to the meaning of the good. 

People act and do things with others under the purview of shared values in social institutions, In this regard, Kant's Categorical Imperative is only a formalism since it is abstract in its universalization of morality. Contemporary political thinkers like Jurgen Habermas and Martha Nussbaum will criticize the same. Pluralism will also put to task the idea of autonomy as the universal norm in defining what justice means. 

For Hegel, the highest form of freedom can be achieved in the ethical life. In this way, the laws and customs of an ethical community give people a sense of solidarity, We actualize our freedom by participating in social institutions. As such, abstract freedom is only methodological but lacks an understanding of the connection between morality and social custom. 

For Hegel, society has a rational structure through its laws and institutions. He says that citizens must be virtuous and follow the customs of their community. Being a part of a community means embracing its basic norms. Groups are connected to a cohesive whole. For Hegel, what differentiates the family from other group dynamics is the idea of altruism. 

In civil society, we regard ourselves as self-centered egoists who are invested in our own interests and the desire to pursue the same. But the state is where we must regard ourselves as equal citizens. The state, unlike in liberal theory, is not neutral. For Hegel, it goes beyond the individual embodiment of morality. To be a part of the state implies a certain sense of belongingness to the shared norms of our society. 

The above is realized in the concept of  universal altruism. Such an altruism is rooted in the sense of solidarity of people where they show regard for other human beings in society. Laws, in fact, must be framed based on the shared conception of the good or the harmony between individuals and the community. The state is where individuals do not only live freely but are recognized as equals.

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