Right has had to suffer an attack within itself, i. e. from the standpoint of right; war being declared on the part of liberalism against "privilege."[149]
Privileged and endowed with equal rights—on these two concepts turns a stubborn fight. Excluded or admitted—would mean the same. But where should there be a power—be it an imaginary one like God, law, or a real one like I, you—of which it should not be true that before it all are "endowed with equal rights," i. e. no respect of persons holds? Every one is equally dear to God if he adores him, equally agreeable to the law if only he is a law-abiding person; whether the lover of God and the law is humpbacked and lame, whether poor or rich, and the like, that amounts to nothing for God and the law; just so, when you are at the point of drowning, you like a negro as rescuer as well as the most excellent Caucasian,—yes, in this situation you esteem a dog not less than a man. But to whom will not every one be also, contrariwise, a preferred or disregarded person? God punishes the wicked with his wrath, the law chastises the lawless, you let one visit you every moment and show the other the door.
The "equality of right" is a phantom just because right is nothing more and nothing less than admission, i. e. a matter of grace, which, be it said, one may also acquire by his desert; for desert and grace are not contradictory, since even grace wishes to be "deserved" and our gracious smile falls only to him who knows how to force it from us.
So people dream of "all citizens of the State having to stand side by side, with equal rights." As citizens of the State they are certainly all equal for the State. But it will divide them, and advance them or put them in the rear, according to its special ends, if on no other account; and still more must it distinguish them from one another as good and bad citizens.
Bruno Bauer disposes of the Jew question from the standpoint that "privilege" is not justified. Because Jew and Christian have each some point of advantage over the other, and in having this point of advantage are exclusive, therefore before the critic's gaze they crumble into nothingness. With them the State lies under the like blame, since it justifies their having advantages and stamps it as a "privilege" or prerogative, but thereby derogates from its calling to become a "free State."
But now every one has something of advantage over another,—viz., himself or his individuality; in this everybody remains exclusive.
And, again, before a third party every one makes his peculiarity count for as much as possible, and (if he wants to win him at all) tries to make it appear attractive before him.
Now, is the third party to be insensible to the difference of the one from the other? Do they ask that of the free State or of humanity? Then these would have to be absolutely without self-interest, and incapable of taking an interest in any one whatever. Neither God (who divides his own from the wicked) nor the State (which knows how to separate good citizens from bad) was thought of as so indifferent.
But they are looking for this very third party that bestows no more "privilege." Then it is called perhaps the free State, or humanity, or whatever else it may be.