But if this is true, it is also to be remembered that the philosopher is, like other men, the son of his age, and estimates the value of reality from preconceptions and aspirations due to his generation. The historical circumstances of his nation as well as the personal experiences of his life help to determine his horizon, even in the effort to discover the hidden pulse and movement of the social organism. This is specially obvious in political philosophy. The conception of ethics and politics which is presented in the Encyclopaedia was in 1820 produced with more detail as the Grundlinien der Philosophie des Rechts. Appearing, as it did, two years after his appointment to a professorship at Berlin, and in the midst of a political struggle between the various revolutionary and conservative powers and parties of Germany, the book became, and long remained, a target for embittered criticism. The so-called War of Liberation or national movement to shake off the French yoke was due to a coalition of parties, and had naturally been in part supported by tendencies and aims which went far beyond the ostensive purpose either of leaders or of combatants. Aspirations after a freer state were entwined with radical and socialistic designs to reform the political hierarchy of the Fatherland: high ideals and low vulgarities were closely intermixed: and the noble enthusiasm of youth was occasionally played on by criminal and anarchic intriguers. In a strong and wise and united Germany some of these schemes might have been tolerated. But strength, wisdom, and unity were absent. In the existing tension between Austria and Prussia for the leadership, in the ill-adapted and effete constitutions of the several principalities which were yet expected to realise the [pg clxxviii] advance which had taken place in society and ideas during the last thirty years, the outlook on every hand seemed darker and more threatening than it might have otherwise done. Governments, which had lost touch with their peoples, suspected conspiracy and treason: and a party in the nation credited their rulers with gratuitous designs against private liberty and rights. There was a vast but ill-defined enthusiasm in the breasts of the younger world, and it was shared by many of their teachers. It seemed to their immense aspirations that the war of liberation had failed of its true object and left things much as they were. The volunteers had not fought for the political systems of Austria or Prussia, or for the three-and-thirty princes of Germany: but for ideas, vague, beautiful, stimulating. To such a mood the continuance of the old system was felt as a cruel deception and a reaction. The governments on their part had not realised the full importance of the spirit that had been aroused, and could not at a moment's notice set their house in order, even had there been a clearer outlook for reform than was offered. They too had suffered, and had realised their insecurity: and were hardly in a mood to open their gates to the enemy.
Coming on such a situation of affairs, Hegel's book would have been likely in any case to provoke criticism. For it took up a line of political theory which was little in accord with the temper of the age. The conception of the state which it expounded is not far removed in essentials from the conception which now dominates the political life of the chief European nations. But in his own time it came upon ears which were naturally disposed to misconceive it. It was unacceptable to the adherents of the ancien régime, as much as to the liberals. It was declared by one party to be a glorification [pg clxxix] of the Prussian state: by another to rationalise the sanctities of authority. It was pointed out that the new professor was a favourite of the leading minister, that his influence was dominant in scholastic appointments, and that occasional gratuities from the crown proved his acceptability. A contemporary professor, Fries, remarked that Hegel's theory of the state had grown “not in the gardens of science but on the dung-hill of servility.” Hegel himself was aware that he had planted a blow in the face of a “shallow and pretentious sect,” and that his book had “given great offence to the demagogic folk.” Alike in religious and political life he was impatient of sentimentalism, of rhetorical feeling, of wordy enthusiasm. A positive storm of scorn burst from him at much-promising and little-containing declamation that appealed to the pathos of ideas, without sense of the complex work of construction and the system of principles which were needed to give them reality. His impatience of demagogic gush led him (in the preface) into a tactless attack on Fries, who was at the moment in disgrace for his participation in the demonstration at the Wartburg. It led him to an attack on the bumptiousness of those who held that conscientious conviction was ample justification for any proceeding:—an attack which opponents were not unwilling to represent as directed against the principle of conscience itself.
Yet Hegel's views on the nature of political unity were not new. Their nucleus had been formed nearly twenty years before. In the years that immediately followed the French revolution he had gone through the usual anarchic stage of intelligent youth. He had wondered whether humanity might not have had a nobler destiny, had fate given supremacy to some heresy rather than the orthodox creed of Christendom. He had [pg clxxx] seen religion in the past “teaching what despotism wished,—contempt of the human race, its incapacity for anything good[94].” But his earliest reflections on political power belong to a later date, and are inspired, not so much by the vague ideals of humanitarianism, as by the spirit of national patriotism. They are found in a “Criticism of the German Constitution” apparently dating from the year 1802[95]. It is written after the peace of Lunéville had sealed for Germany the loss of her provinces west of the Rhine, and subsequent to the disasters of the German arms at Hohenlinden and Marengo. It is almost contemporaneous with the measures of 1803 and 1804, which affirmed the dissolution of the “Holy Roman Empire” of German name. The writer of this unpublished pamphlet sees his country in a situation almost identical with that which Macchiavelli saw around him in Italy. It is abused by petty despots, distracted by mean particularist ambitions, at the mercy of every foreign power. It was such a scene which, as Hegel recalls, had prompted and justified the drastic measures proposed in the Prince,—measures which have been ill-judged by the closet moralist, but evince the high statesmanship of the Florentine. In the Prince, an intelligent reader can see “the enthusiasm of patriotism underlying the cold and dispassionate doctrines.” Macchiavelli dared to declare that Italy must become a state, and to assert that “there is no higher duty for a state than to maintain itself, and to punish relentlessly every author of anarchy,—the supreme, and perhaps sole political crime.” And [pg clxxxi] like teaching, Hegel adds, is needed for Germany. Only, he concludes, no mere demonstration of the insanity of utter separation of the particular from his kin will ever succeed in converting the particularists from their conviction of the absoluteness of personal and private rights. “Insight and intelligence always excite so much distrust that force alone avails to justify them; then man yields them obedience[96].”
“The German political edifice,” says the writer, “is nothing else but the sum of the rights which the single parts have withdrawn from the whole; and this justice, which is ever on the watch to prevent the state having any power left, is the essence of the constitution.” The Peace of Westphalia had but served to constitute or stereotype anarchy: the German empire had by that instrument divested itself of all rights of political unity, and thrown itself on the goodwill of its members. What then, it may be asked, is, in Hegel's view, the indispensable minimum essential to a state? And the answer will be, organised strength,—a central and united force. “The strength of a country lies neither in the multitude of its inhabitants and fighting men, nor in its fertility, nor in its size, but solely in the way its parts are by reasonable combination made a single political force enabling everything to be used for the common defence.” Hegel speaks scornfully of “the philanthropists and moralists who decry politics as an endeavour and an art to seek private utility at the cost of right”: he tells them that “it is foolish to oppose the interest or (as it is expressed by the more morally-obnoxious word) the utility of the state to its right”: that the “rights of a state are the utility of the state as established and recognised by compacts”: and that “war” (which they [pg clxxxii] would fain abolish or moralise) “has to decide not which of the rights asserted by either party is the true right (—for both parties have a true right), but which right has to give way to the other.”
It is evident from these propositions that Hegel takes that view of political supremacy which has been associated with the name of Hobbes. But his views also reproduce the Platonic king of men, “who can rule and dare not lie.” “All states,” he declares, “are founded by the sublime force of great men, not by physical strength. The great man has something in his features which others would gladly call their lord. They obey him against their will. Their immediate will is his will, but their conscious will is otherwise.... This is the prerogative of the great man to ascertain and to express the absolute will. All gather round his banner. He is their God.” “The state,” he says again, “is the self-certain absolute mind which recognises no definite authority but its own: which acknowledges no abstract rules of good and bad, shameful and mean, craft and deception.” So also Hobbes describes the prerogatives of the sovereign Leviathan. But the Hegelian God immanent in the state is a higher power than Hobbes knows: he is no mortal, but in his truth an immortal God. He speaks by (what in this early essay is called) the Absolute Government[97]: the government of the Law—the true impersonal sovereign,—distinct alike from the single ruler and the multitude of the ruled. “It is absolutely only universality as against particular. As this absolute, ideal, universal, compared to which everything else is a particular, it is the phenomenon of God. Its words are his decision, and it can appear [pg clxxxiii] and exist under no other form.... The Absolute government is divine, self-sanctioned and not made[98].” The real strength—the real connecting-mean which gives life to sovereign and to subject—is intelligence free and entire, independent both of what individuals feel and believe and of the quality of the ruler. “The spiritual bond,” he says in a lower form of speech, “is public opinion: it is the true legislative body, national assembly, declaration of the universal will which lives in the execution of all commands.” This still small voice of public opinion is the true and real parliament: not literally making laws, but revealing them. If we ask, where does this public opinion appear and how does it disengage itself from the masses of partisan judgment? Hegel answers,—and to the surprise of those who have not entered into the spirit of his age[99]—it is embodied in the Aged and the Priests. Both of these have ceased to live in the real world: they are by nature and function disengaged from the struggles of particular existence, have risen above the divergencies of social classes. They breathe the ether of pure contemplation. “The sunset of life gives them mystical lore,” or at least removes from old age the distraction of selfishness: while the priest is by function set apart from the divisions of human interest. Understood in a large sense, Hegel's view is that the real voice of experience is elicited through those who have attained indifference to the distorting influence of human parties, and who see life steadily and whole.
If this utterance shows the little belief Hegel had in the ordinary methods of legislation through “representative” bodies, and hints that the real substance of political [pg clxxxiv] life is deeper than the overt machinery of political operation, it is evident that this theory of “divine right” is of a different stamp from what used to go under that name. And, again, though the power of the central state is indispensable, he is far from agreeing with the so-called bureaucratic view that “a state is a machine with a single spring which sets in motion all the rest of the machinery.” “Everything,” he says, “which is not directly required to organise and maintain the force for giving security without and within must be left by the central government to the freedom of the citizens. Nothing ought to be so sacred in the eyes of a government as to leave alone and to protect, without regard to utilities, the free action of the citizens in such matters as do not affect its fundamental aim: for this freedom is itself sacred[100].” He is no friend of paternal bureaucracy. “The pedantic craving to settle every detail, the mean jealousy against estates and corporations administrating and directing their own affairs, the base fault-finding with all independent action on the part of the citizens, even when it has no immediate bearing on the main political interest, has been decked out with reasons to show that no penny of public expenditure, made for a country of twenty or thirty millions' population, can be laid out, without first being, not permitted, but commanded, controlled and revised by the supreme government.” You can see, he remarks, in the first village after you enter Prussian territory the lifeless and wooden routine which prevails. The whole country suffers also from the way religion has been mixed up with political rights, and a particular creed pronounced by law indispensable both for sovereign and full-privileged subject. In a word, the unity and vigour of the state is quite compatible with considerable latitude [pg clxxxv] and divergence in laws and judicature, in the imposition and levying of taxes, in language, manners, civilisation and religion. Equality in all these points is desirable for social unity: but it is not indispensable for political strength.
This decided preference for the unity of the state against the system of checks and counterchecks, which sometimes goes by the name of a constitution, came out clearly in Hegel's attitude in discussing the dispute between the Würtembergers and their sovereign in 1815-16. Würtemberg, with its complicated aggregation of local laws, had always been a paradise of lawyers, and the feudal rights or privileges of the local oligarchies—the so-called “good old law”—were the boast of the country. All this had however been aggravated by the increase of territory received in 1805: and the king, following the examples set by France and even by Bavaria, promulgated of his own grace a “constitution” remodelling the electoral system of the country. Immediately an outcry burst out against the attempt to destroy the ancient liberties. Uhland tuned his lyre to the popular cry: Rückert sang on the king's side. To Hegel the contest presented itself as a struggle between the attachment to traditional rights, merely because they are old, and the resolution to carry out reasonable reform whether it be agreeable to the reformed or not: or rather he saw in it resistance of particularism, of separation, clinging to use and wont, and basing itself on formal pettifogging objections, against the spirit of organisation. Anything more he declined to see. And probably he was right in ascribing a large part of the opposition to inertia, to vanity and self-interest, combined with the want of political perception of the needs of Würtemberg and Germany. But on the other hand, he failed to remember the insecurity and danger of such [pg clxxxvi] “gifts of the Danai”: he forgot the sense of free-born men that a constitution is not something to be granted (octroyé) as a grace, but something that must come by the spontaneous act of the innermost self of the community. He dealt rather with the formal arguments which were used to refuse progress, than with the underlying spirit which prompted the opposition[101].
The philosopher lives (as Plato has well reminded us) too exclusively within the ideal. Bent on the essential nucleus of institutions, he attaches but slight importance to the variety of externals, and fails to realise the practice of the law-courts. He forgets that what weighs lightly in logic, may turn the scale in real life and experience. For feeling and sentiment he has but scant respect: he is brusque and uncompromising: and cannot realise all the difficulties and dangers that beset the Idea in the mazes of the world, and may ultimately quite alter a plan which at first seemed independent of petty details. Better than other men perhaps he recognises in theory how the mere universal only exists complete in an individual shape: but more than other men he forgets these truths of insight, when the business of life calls for action or for judgment. He cannot at a moment's notice remember that he is, if not, as Cicero says, in faece Romuli, the member of a degenerate commonwealth, at least living in a world where good and evil are not, as logic presupposes, sharply divided but intricately intertwined.
(ii.) The Ethics and Religion of the State.
This idealism of political theory is illustrated by the sketch of the Ethical Life which he drew up about 1802. Under the name of “Ethical System” it presents in concentrated or undeveloped shape the doctrine which subsequently swelled into the “Philosophy of Mind.” At a later date he worked out more carefully as introduction the psychological genesis of moral and intelligent man, and he separated out more distinctly as a sequel the universal powers which give to social life its higher characters. In the earlier sketch the Ethical Part stands by itself, with the consequence that Ethics bears a meaning far exceeding all that had been lately called moral. The word “moral” itself he avoids[102]. It savours of excessive subjectivity, of struggle, of duty and conscience. It has an ascetic ring about it—an aspect of negation, which seeks for abstract holiness, and turns its back on human nature. Kant's words opposing duty to inclination, and implying that moral goodness involves a struggle, an antagonism, a victory, seem to him (and to his time) one-sided. That aspect of negation accordingly which Kant certainly began with, and which Schopenhauer magnified until it became the all-in-all of Ethics, Hegel entirely subordinates. Equally little does he like the emphasis on the supremacy of insight, intention, conscience: they lead, he thinks, to a view which holds the mere fact of conviction to be all-important, as if it mattered not what we thought and believed and did, so long as we were sincere in our belief. All this emphasis on the good-will, on the imperative of duty, on the rights of conscience, has, he admits, its justification in certain circumstances, as [pg clxxxviii] against mere legality, or mere natural instinctive goodness; but it has been overdone. Above all, it errs by an excess of individualism. It springs from an attitude of reflection,—in which the individual, isolated in his conscious and superficial individuality, yet tries—but probably tries in vain—to get somewhat in touch with a universal which he has allowed to slip outside him, forgetting that it is the heart and substance of his life. Kant, indeed, hardly falls under this condemnation. For he aims at showing that the rational will inevitably creates as rational a law or universal; that the individual act becomes self-regulative, and takes its part in constituting a system or realm of duty.