The Theory of Rights (the rights of nature) Fichte founds upon the conception of the individual. First, he deduces the conception of rights, and as follows:—A finite rational being cannot posit itself without ascribing to itself a free activity. Through this positing of its faculties to a free activity, this rational being posits an external world of sense, for it can ascribe to itself no activity till it has posited an object towards which this activity may be directed. Still farther, this free activity of a rational being presupposes other rational beings, for without these it would never be conscious that it was free. We have therefore a plurality of free individuals, each one of whom has a sphere of free activity. This co-existence of free individuals is not possible without a relation of rights. Since no one with freedom passes beyond his sphere, and each one therefore limits himself, they recognize each other as rational and free. This relation of a reciprocal acting through intelligence and freedom between rational beings, according to which each one has his freedom limited by the conception of the possibility of the other’s freedom, under the condition also that this other limits his own freedom also through that of the first, is called a relation of rights. The supreme maxim of a theory of rights is therefore this: limit thy freedom through the conception of the freedom of every other person with whom thou canst be connected. After Fichte has attempted the application of this conception of rights, and for this end has deduced the corporeity, the anthropological side of man, he passes over to a proper theory of rights. The theory of rights may be divided into three parts. (1) Rights which belong to the simple conception of person are called original rights. The original right is the absolute right of the person to be only a cause in the sensible world, though he may be absolutely (in other relations than to the sense) an effect. In this are contained, (a) the right of personal (bodily) freedom, and (b) the right of property. But every relation of rights between individual persons is conditioned through each one’s recognition of the rights of the other. Each one must limit the quantum of his free acts for the sake of the freedom of the other, and only so far as the other has respect to my freedom need I have regard to his. In case, therefore, the other does not respect my original rights, some mechanical necessity must be sought in order to secure the rights of person, and this involves (2) the Right of Coercion. The laws of punishment have their end in securing that the opposite of that which is intended shall follow every unrighteous aim, that every vicious purpose shall be destroyed, and the right in its integrity be established. To establish such a law of coercion, and to secure a universal coercive power, the free individuals must enter into covenant among themselves. Such a covenant is only possible on the ground of a common nature. Natural right, i. e. the rightful relation between man and man, presupposes thus (3) a civil right, viz., (a) a free covenant, a compact of citizens by which the free individuals guarantee to each other their reciprocal rights; (b) positive laws, a civil legislation, through which the common will of all becomes law; (c) an executive force, a civil power which executes the common will, and in which, therefore, the private will and the common will are synthetically united. The particular view of Fichte’s theory of rights is this: on the one side there is the state as reason demands (philosophical theory of rights), and on the other side the state as it actually is (theory of positive rights and of the state). But now comes up the problem, to make the actual state ever more and more conformable to the state of reason. The science which has this approximation for its aim, is polity. We can demand of no actual state a perfect conformity to the idea of a state. Every state constitution is according to right, if it only leaves possible an advancement to a better state, and the only constitution wholly contrary to right is that whose end is to hold every thing just as it is.
The absolute Ego of the Theory of Science is separated in the Theory of Rights into an infinite number of persons with rights: to bring it out again in its unity is the problem of Ethics. Right and morals are essentially different. Right is the external necessity to omit or to do something in order not to infringe upon the freedom of another; the inner necessity to do or omit something wholly independent of external ends, constitutes the moral nature of man. And as the theory of rights arose from the conflict of the impulse of freedom in one subject with the impulse of freedom in another subject, so does the theory of morals or ethics arise from such a conflict, which, in the present case, is not external but internal, between two impulses in one and the same person. (1) The rational being is impelled towards absolute independence, and strives after freedom for the sake of freedom. This fundamental impulse may be called the pure impulse, and it furnishes the formal principle of ethics, the principle of absolute autonomy, of absolute indeterminableness through anything external to the Ego. But (2) as the rational being is actually empirical and finite, as it by nature posits over against itself a non-Ego and posits itself as corporeal, so there is found beside the pure impulse another, the impulse of nature, which makes for its end not freedom but enjoyment. This impulse of nature furnishes the material, utilitarian (eudœmoniacal) principle of striving after a connected enjoyment. Both impulses, which from a transcendental standpoint are one and the same original impulse of the human being, strive after unity, and furnish a third impulse which is a mingling of the two. The pure impulse gives the form, and the natural impulse the content of an action. It is true that sensuous objects will be chosen, but by virtue of the pure impulse these are modified so as to conform to the absolute Ego. This mingled impulse is now the moral impulse. It mediates the pure and the natural impulse. But since these two lie infinitely apart, the approximation of the natural to the pure impulse is an infinite progression. The intent in an action is directed towards a complete freeing from nature, and it is only the result of our limitation that the act should remain still conformable to the natural impulse. Since the Ego can never be independent so long as it is Ego, the final aim of the rational being lies in infinity. There must be a course in whose progress the Ego can conceive itself as approximating towards absolute independence. This course is determined in infinity in the idea; there is, therefore, no possible case in which it is not determined what the pure impulse should demand. We might name this course the moral determination (destiny) of the finite rational being. The principle of ethics is, therefore: Always fulfil thy destiny! That which is in every moment conformable to our moral destiny, is at the same time demanded by our natural impulse, though it does not follow that every thing which the latter demands agrees therefore with the former. I ought to act only when conscious that something is duty, and I ought to discharge the duty for its own sake. The blind motives of sympathy, love of mankind, &c., have not, as mere impulses of nature, morality. The moral impulse has causality as having none, for it demands be free! Through the conception of the absolute ought, is the rational being absolutely independent, and is represented thus only when acting from duty. The formal condition of the morality of our actions, is: act always according to the best conviction of thy duty; or, act according to thy conscience. The absolute criterion of the correctness of our conviction of duty is a feeling of truth and certainty. This immediate feeling never deceives, for it only exists with the perfect harmony of our empirical Ego with that which is pure and original. From this point Fichte developes his particular ethics, or theory of duties, which, however, we must here pass by.
Fichte’s theory of religion is developed in the above mentioned treatise: “On the ground of our faith in a divine government of the world,” and in the writings which he subsequently put forth in its defence. The moral government of the world, says Fichte, we assume to be the divine. This divine government becomes living and actual in us through right-doing: it is presupposed in every one of our actions which are only performed in the presupposition that the moral end is attainable in the world of sense. The faith in such an order of the world comprises the whole of faith, for this living and active moral order is God; we need no other God, and can comprehend no other. There is no ground in the reason to go out of this moral order of the world, and by concluding from design to a designer, affirm a separate being as its cause. Is, then, this order an accidental one? It is the absolute First of all objective knowledge. But now if you should be allowed to draw the conclusion that there is a God as a separate being, what have you gained by this? This being should be distinct from you and the world, it should work in the latter according to conceptions; it should, therefore, be capable of conceptions, and possess personality and consciousness. But what do you call personality and consciousness? Certainly that which you have found in yourself, which you have learned to know in yourself, and which you have characterized with such a name. But that you cannot conceive of this without limitation and finiteness, you might see by the slightest attention to the construction of this conception. By attaching, therefore, such a predicate to this being, you bring it down to a finite, and make it a being like yourself; you have not conceived God as you intended to do, but have only multiplied yourself in thought. The conception of God, as a separate substance, is impossible and contradictory. God has essential existence only as such a moral order of the world. Every belief in a divine being, which contains any thing more than the conception of the moral order of the world, is an abomination to me, and in the highest degree unworthy of a rational being.—Religion and morality are, on this standpoint, as on that of Kant, naturally one; both are an apprehending of the supersensible, the former through action and the latter through faith. This “Religion of joyous right-doing,” Fichte farther carried out in the writings which he put forth to rebut the charge of atheism. He affirms that nothing but the principles of the new philosophy could restore the degenerate religious sense among men, and bring to light the inner essence of the Christian doctrine. Especially he seeks to show this in his “Appeal” to the public. In this he says: to furnish an answer to the questions: what is good? what is true? is the aim of my philosophical system. We must start with the affirmation that there is something absolutely true and good; that there is something which can hold and bind the free flight of thought. There is a voice in man which cannot be silenced, which affirms that there is a duty, and that it must be done simply for its own sake. Resting on this basis, there is opened to us an entirely new world in our being; we attain a higher existence, which is independent of all nature, and is grounded simply in ourselves. I would call this absolute self-satisfaction of the reason, this perfect freedom from all dependence, blessedness. As the single but unerring means of blessedness, my conscience points me to the fulfilment of duty. I am, therefore, impressed by the unshaken conviction, that there is a rule and fixed order, according to which the purely moral disposition necessarily makes blessed. It is absolutely necessary, and it is the essential element in religion, that the man who maintains the dignity of his reason, will repose on the faith in this order of a moral world, will regard each one of his duties as an enactment of this order, and will joyfully submit himself to, and find bliss in, every consequence of his duty. Thou shalt know God if I can only beget in thee a dutiful character, and though to others of us thou mayest seem to be still in the world of sense, yet for thyself art thou already a partaker of eternal life.
II. The later form of Fichte’s Philosophy.—Every thing of importance which Fichte accomplished as a speculative philosopher, is contained in the Theory of Science as above considered. Subsequently, after his departure from Jena, his system gradually became modified, and from different causes. Partly, because it was difficult to maintain the rigid idealism of the Theory of Science; partly, because Schelling’s natural philosophy, which now appeared, was not without an influence upon Fichte’s thinking, though the latter denied this and became involved in a bitter controversy with Schelling; and, partly, his outward relations, which were far from being happy, contributed to modify his view of the world. Fichte’s writings, in this second period, are for the most part popular, and intended for a mixed class of readers. They all bear the impress of his acute mind, and of his exalted manly character, but lack the originality and the scientific sequence of his earlier productions. Those of them which are scientific do not satisfy the demands which he himself had previously laid down with so much strictness, both for himself and others, in respect of genetic construction and philosophical method. His doctrine at this time seems rather as a web, of his old subjective idealistic conceptions and the newly added objective idealism, so loosely connected that Schelling might call it the completest syncretism and eclecticism. His new standpoint is chiefly distinguished from his old by his attempt to merge his subjective idealism into an objective pantheism (in accordance with the new Platonism), to transmute the Ego of his earlier philosophy into the absolute, or the thought of God. God, whose conception he had formerly placed only at the end of his system, in the doubtful form of a moral order of the world, becomes to him now the absolute beginning, and single element of his philosophy. This gave to his philosophy an entirely new color. The moral severity gives place to a religious mildness; instead of the Ego and the Ought, life and love are now the chief features of his philosophy; in place of the exact dialectic of the Theory of Science, he now makes choice of mystical and metaphorical modes of expression.
This second period of Fichte’s philosophy is especially characterized by its inclination to religion and Christianity, as exhibited most prominently in the essay “Direction to a Blessed Life.” Fichte here affirms that his new doctrine is exactly that of Christianity, and especially of the Gospel according to John. He would make this gospel alone the clear foundation of Christian truth, since the other apostles remained half Jews after their conversion, and adhered to the fundamental error of Judaism, that the world had a creation in time. Fichte lays great weight upon the first part of John’s prologue, where the formation of the world out of nothing is confuted, and a true view laid down of a revelation co-eternal with God, and necessarily given with his being. That which this prologue says of the incarnation of the Logos in the person of Jesus, has, according to Fichte, only a historic validity. The absolute and eternally true standpoint is, that at all times, and in every one, without exception, who is vitally sensible of his union with God, and who actually and in fact yields up his whole individual life to the divine life within him,—the eternal word becomes flesh in the same way as in Jesus Christ and holds a personal, sensible, and human existence. The whole communion of believers, the first-born alike with the later born, coincides in the Godhead, the common source of life for all. And so then, Christianity having gained its end, disappears again in the eternal truth, and affirms that every man should come to a union with God. So long as man desires to be himself any thing whatsoever, God does not come to him, for no man can become God. But just so soon as he purely, wholly, and radically gives up himself, God alone remains, and is all and in all. The man himself can beget no God, but he can give up himself as a proper negation, and thus he disappears in God.
The result of his advanced philosophizing, Fichte has briefly and clearly comprehended in the following lines, which we extract from two posthumous sonnets:
The Eternal One
Lives in my life and sees in my beholding.
Nought is but God, and God is nought but life.
Clearly the vail of things rises before thee;