The German Classics of the Nineteenth and Twentieth Centuries, Volume 07. Коллектив авторов

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СКАЧАТЬ 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 realized.

      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 combined with a due recognition of the moral and emotional parts of our nature, and in which justice, as united with these, truly 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 of people, where the union, therefore, has already ceased to be simply a bond of love and confidence and has become one of plighted service.

      We must first examine the ethical principle of the Family, which may be reckoned as virtually a single person, since its members have either mutually surrendered their individual personality and consequently their legal position toward one another, with the rest of their particular interests and desires, as in the case of the parents, or, in the care of children who are primarily in that merely natural condition already mentioned, have not yet attained such an independent personality. They live, therefore, in a unity of feeling, love, confidence, and faith in one another, and, in a relation of mutual love, the one individual has the consciousness of himself in the consciousness of another; 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, the other's existence and his own, as involved with that other. The ultimate 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 common 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 common 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 community 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.

      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. It is attempted to obviate this difficulty by the decision that the minority must yield to the majority; the majority therefore bears sway; but long ago J.J. Rousseau remarked that, in that case, there would no longer be freedom, for the will of the minority would cease to be respected. At the Polish Diet each individual 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.

      If the principle of regard for the individual will is recognized as the only basis of political liberty, viz., that nothing should be done by or for the State to which all the members of the body politic have not given their sanction, we have, properly speaking, no constitution. The only arrangement found necessary would be, first, a centre having no will of its own, but which should take into consideration what appeared to be the necessities of the State, and, secondly, a contrivance for calling the members of the State together, for taking the votes, and for performing the arithmetical operations of reckoning and comparing the number of votes for the different propositions, and thereby deciding upon them. The State is an abstraction, having even its generic existence in its citizens; but it is an actuality, and its simply generic existence must embody itself in individual will and activity. The want of government and political administration in general is felt; this necessitates the selection and separation from the rest of those who have to take the helm in political affairs, to decide concerning them, and to give orders to other citizens, with a view to the execution of their plans. If, for instance, even the people in a democracy resolve on a war, a general must head the army. It is only by a constitution that the abstraction—the State—attains life and reality; but this involves the distinction between those who command and those who obey. Yet obedience seems inconsistent with liberty, and those who command appear to do the very opposite of that which the fundamental idea of the State, viz., that of freedom, requires. It is, however, urged that though the distinction between commanding and obeying is absolutely necessary, because affairs could not go on without it, and indeed, this seems only a compulsory limitation, external to and even contravening freedom in the abstract—the constitution should be at least so framed that the citizens may obey as little as possible and the smallest modicum of free volition be left to the commands of the superiors; that the substance of that for which subordination is necessary, even in its most important bearings, should be decided and resolved on by the people, by the will of many or of all the citizens; though it is supposed to be thereby provided that the State should be possessed of vigor and strength as a reality—an individual unity. The primary consideration is, then, the distinction between the governing and the governed, and political constitutions in the abstract have been rightly divided into monarchy, aristocracy, and democracy; this gives occasion, however, for the remark that monarchy itself must be further divided into despotism and monarchy proper; that in all the divisions to which the leading idea gives rise, only the generic character is to be made prominent, it being not intended thereby that the particular category under review should be exhausted as a form, order, or kind in its concrete development. But it must especially be observed that the above mentioned divisions admit of a multitude of particular modifications—not only such as lie within the limits of those classes themselves but also such as are mixtures of several of these essentially distinct classes and which are consequently misshapen, unstable, and inconsistent forms. In such a collision, the concerning question is: What is the best constitution—that is, by what arrangement, organization, or mechanism of the power of the State can its object be most surely attained? This object may indeed be variously understood; for instance, as the calm enjoyment of life on part of the citizens, or as universal happiness. Such aims have suggested the so-called ideals of constitutions, and, as a particular branch of the subject, Ideals of the education of princes (Fénelon), or of the governing body, the aristocracy at large (Plato); for the chief point they treat of is the condition of those subjects who stand at the head of affairs, and in these ideals the concrete details of political organization are not at all considered. The inquiry into the best constitution is frequently treated as if not only the theory were an affair of subjective independent conviction, but as if the introduction of a constitution recognized as the best, or as superior to others, could be the result of a resolve adopted in this theoretical manner, as if the form of a constitution were a matter of free СКАЧАТЬ