Elements of the Philosophy of Right, Essay Example

Abstract right

Freedom is the intellectual universality, which is self-conscious but understated in relation of itself and content less to itself and to its individuality. Freedom embodies rights and gives itself an immediate way. Freedom here has three elements, firstly is possession, which is the ownership of property. This is the freedom of abstract will or the freedom of a single person, which relates only to that person. The second element is a contract, which is the relation of an individual to another person where the two exist for each other. The identity here is the transfer of property from one individual to another without detriment the others rights in the process. The third element is injustice or wrongdoing, which opposes it not differentiated in the sense of a contract but relating to itself, in the sense of property (Hegel 40). Freedom requires the recognition of others because since its principles are reliant on other individuals. The element of a contract is the transference of property from one individual to another, and without the recognition of others, in this case there cannot exist freedom. The element of justice also is reliant on other individuals since without the recognition of others there cannot be justice or injustice (Hegel 40). Recognition puts freedom in conflict with itself because in its meaning of freedom; it states that freedom is individuality. Individuality here refers to the interest of that individual alone in disregard of the intentions of others. Making decisions related to nature directly confronting the individual, but the elements of freedom are dependent on other individuals, therefore, contradicting individuality (Hegel 39).

Morality

Good is the awareness of the inner content, the general character that constitute the worth of reason and action. Morality embodies actions driven by conscience resulting in an end, which is good. The intention is what an individual thinks proper to do due to the consideration of the knowledge of the act. In choosing, an individual will choose what is in the special aim of that individual (Hegel 114). Good depends on conscience, as what drives righteous are intentions and welfare. Hegel argues that  in doing good the results are not always good, he goes ahead to state that the end is not the concern but the choices made in order to achieve the end that are important. Good is achieved through the mutual understanding of morality and conscience. If an action is correct, it must in the first place be in correspondence with the individual’s purposes. The intentions of an individual are moral since they are reliant on that individual’s intention, and the individual becomes aware of the general character of the action (Hegel 114). The universal end of ethics, which is good and realized in the world, cannot remain internal to conscience. Conscience depends on proper since morality is an act of impulse and not of reason, and a person who acts out of impulse is correct as a person who acts out of duty in doing well (Hegel 114).

Ethical life

Ethical life is the obligations and positive duties of citizens in their rational state. Ethical life manifests itself in specific social conditions that include justice and honor that arise out of desire for recognition. Ethical life according to Hegel is the practice that develops with animals and plants to intelligence. The practice develops through the concept of making use of the tools of speech and raising children. It is the logical relation of living with each other in the practice of everyday life. Ethical life is the positive obligations and duties of individuals at a rational state. Accordingly ethical life exists in three levels the first level is in the family, here becomes expressed in the essential emotions such as love and altruism. The civil society is the second level of ethical life and here the individuals relate to one another in terms of universality. Individuals engage in the civil society as bearers of legal rights and owners of property. Materialistic interests, which include pursuance of economic gain, which if left unchecked would destabilize society into the divisions of poor and rich are what promotes individualism. The third level of ethical life is the state, which is a medium through which individuals realize their role as being part of a greater whole. The state is the highest level of ethical life and is the basis of checking ethical life of both the family and the civil society. There is the individual realization of their position in the societal ethical life. Without ethical life harmony would be nonexistent, it is the notion of moral for the individual and the god for all. Social freedom preconditions moral freedom, ethical life exists where an individual has recognized it as providential. Morality is the force that turns individuals towards what ought to be from what is. Ethical life is what is the practices and meanings that guide people from day to day activities whether in awareness of it or not. Ethical life in that sense is a wider expression of moral life reflected in individuals’ respect of each other’s rights expressed in contracts. Ethical life acknowledges the states function as bringing the tendencies of individualism and egoism together with the need of a common belonging. It is at this stage that the contradictions of common belonging will fix themselves. With morality alone, there arises havoc, which is because of injury, oppression, deprivation, robbery, and murder. The injury is personal and cannot be felt universally, due to lack of state, the emergence of the need of retribution form the basis of justice and thus the creation of a legal system. It is the need to overcome the havoc, which the state being the highest level of an ethical life, comes into existence (Hegel 151).

Universality

Universality of citizenship is the equal association of individuals and the state in participation of the individual in the community regulated by status membership and contribution. On the other hand, universality of the work place is the association of individuals of the same class with each other. The difference between the two universalities’ is that while the universality of citizenship embraces quality in the sense of collective membership of the state, universality of the work place focuses on community homogenization. Universality of citizenship is the equality of all members of that state while universality of the work place is the equality of all members of a working group. The relationship difference between the concerned individual and the others; universality of the workplace is the natural relationship while universality of citizenship incorporates the artificial relationships (Hegel 187,209) Conscience

The crisis of conscience in Law, Morality, and Vietnam is evident where an individual goes against the set rules in order to do what that individual thinks is right. The argument is that either conscience can lead men to do right or evil, and it is this conscience, which results in civil disobedience. An individual can use conscience as a defense to civil disobedience, but with limits in its applicability. The motives of the individual, as well as the desired intentions, are also relevant in the evaluation of whether the conscience result in whole or evil. The conflict of conscience is whether the resulting action thereof is moral or immoral. Although the provisions of war are immoral, the same law does not allow them to convert to conscience and break the law as to oppose the war. The conflict arises as to whether to admit conscience in courts of law or stick to the letter in the law. The question in this case is whether it becomes prudent to break the law if that law contravenes the rights of other people. This crisis affects the freedoms of other individuals since if the conscience dictates doing an act, which breaks the law in order to avoid infringing on another person’s right the conflict affects both the parties. The argument in this situation is that if, in resolution of the conflict by following conscience, the society will change from a state governed by law to one governed by conscience. If civil disobedience is the moral thing to do then an individual should not desist from doing it. Good conscience is the justification of breaking the law seen alongside the understanding of the whole situation of the conscience related (John and Bannan 175-180).

Works Cited

Hegel, George. Elements of the Philosophy of Right. Ed. Allen, W. Wood. Cambridge: Cambridge University Press, 1991.

Hegel, Geoge and William, Wallace. Philosophy of Mind. Cosimo, Inc, 2008.

John, F. and Rosemary, Bannan. Law, Morality and Vietnam. Bloomington, London: Indiana University Press, 1974.