HEGEL’S PHILOSOPHY OF RIGHT LAW

 according to Hegel, is “the existence of free

will.” It is liberty which establishes itself externally.
 “The German word Recht is often translated as 'law',
. The free will is the basis and origin of right in the
however, Hegel clearly intends the term to have a
sense that mind or spirit (Geist) generally objectifies
broader meaning that captures what we might call
itself in a system of right (human social and political
the good or just society, one that is "rightful" in its
institutions) that gives expression to freedom, which
structure, composition, and practices.”1
Hegel says is both the substance and goal of right
 Hegelian system is presented under the guise of
idealism, but, in effect, by identifying the real with
the ideal; it is at the same time realism.
ELEMENTS of the Philosophy of Right
A. Abstract right
Foundations of the Philosophy of Law
The subject of Abstract Right (Recht) is the person as the
Subject matter: IDEA OF RIGHT – concept of right and bearer or holder of individual rights. Liberty, which Hegel
the actualization of that concept continues to say, which is realized in the external forms of
law (Property, Contract, and Wrong) is defective. Hegel
Composed of:
claims that this focus on the right of personality, while
In itself: represents a realm of abstract significant in distinguishing persons from mere things, is
abstract and without content, a simple relation of the will
Outside of itself: externalizes itself in the forms of
to itself.
space and time, as nature
In itself and for itself: reenters into itself; it
becomes spirit. B. Morality
The subjective stage of duty. The level of morality
(Moralität) where the will is free both in itself and for itself,

1
https://www.iep.utm.edu/hegelsoc/#H6
i.e., the will is self-conscious of its subjective freedom. . At
this stage the universally right is abstract and one-sided and
thus requires a move to a higher level of self-consciousness
where the universally right is mediated by the particular
convictions of the willing subject. The defect of this level,
however, is that the subject is only for itself (i.e., one is conscious
of one's subjectivity and independence but is conscious of
universality only as something different from this subjectivity).
C. Custom (some call it Ethical Life)
The objective Ethos. Following the dialectical method or
here it is, abstract right  morality = custom. Custom
signifies the effective, concrete, ethical life, as a synthesis of
the abstract categories of law and morals. The synthesis of
ethical life means that individuals not only act in conformity with
the ethical good but that they recognize the authority of ethical
laws.
o civil society is also a realm of mediation of
particular wills through social interaction
and a means whereby individuals are
educated through their efforts and struggles
toward a higher universal consciousness.
 State
o synthesis between the principles governing
the Family and those governing Civil Society
o The rationality of the state is located in the
realization of the universal substantial will in
the self-consciousness of particular
individuals elevated to consciousness of
universality.
Hegel’s Dialectical Method2

Three forms of organization:

 Family
o characterized by love which is "mind's feeling of
its own unity," where one's sense of individuality
is within this unity, not as an independent
individual but as a member essentially related to
the other family members.
 Civil Society

2
https://benjaminstudebaker.com/2013/02/05/a-critique-of-hegel/