What we find such a state of nature to be, in actual experience, answers exactly to the idea of a merely natural condition. Freedom as the ideal of that which is original and natural does not exist as original and natural; rather must it first be sought out and won, and that by an incalculable medial discipline of the intellectual and moral powers. The state of nature is, therefore, predominantly that of injustice and violence, of untamed natural impulses, of inhuman deeds and feelings. Limitation is certainly produced by society and the State, but it is a limitation of the mere brute emotions and rude instincts, as also, in a more advanced stage of culture, of the premeditated self-will of caprice and passion. This kind of constraint is part of the instrumentality by which only the consciousness of freedom and the desire for its attainment, in its true—that is, its rational and ideal form—can be obtained. To the ideal of freedom, law and morality are indispensably requisite; and they are, in and for themselves, universal existences, objects, and aims, which are discovered only by the activity of thought, separating itself from the merely sensuous and developing itself in opposition thereto, and which must, on the other hand, be introduced into and incorporated with the originally sensuous will, and that contrarily to its natural inclination. The perpetually recurring misapprehension of freedom consists in regarding that term only in its formal, subjective sense, abstracted from its essential objects and aims; thus a constraint put upon impulse, desire, passion—pertaining to the particular individual as such—a limitation of caprice and self-will is regarded as a fettering of freedom. We should, on the contrary, look upon such limitation as the indispensable proviso of emancipation. Society and the State are the very conditions in which freedom is realized.
We must notice a second view, contravening the principle of the development of moral relations into a legal form. The patriarchal condition is regarded, either in reference to the entire race of man or to some branches of it, as exclusively that condition of things in which the legal element is combined with a due recognition of the moral and emotional parts of our nature, and in which justice, as united with these, truly influences the intercourse of the social units. The basis of the patriarchal condition is the family relation, which develops the primary form of conscious morality, succeeded by that of the State as its second phase. The patriarchal condition is one of transition, in which the family has already advanced to the position of a race of people, where the union, therefore, has already ceased to be simply a bond of love and confidence and has become one of plighted service.
We must first examine the ethical principle of the Family, which may be reckoned as virtually a single person, since its members have either mutually surrendered their individual personality and consequently their legal position toward one another, with the rest of their particular interests and desires, as in the case of the parents, or, in the care of children who are primarily in that merely natural condition already mentioned, have not yet attained such an independent personality. They live, therefore, in a unity of feeling, love, confidence, and faith in one another, and, in a relation of mutual love, the one individual has the consciousness of himself in the consciousness of another; he lives out of self; and in this mutual self-renunciation each regains the life that had been virtually transferred to the other—gains, in fact, the other's existence and his own, as involved with that other. The ultimate interests connected with the necessities and external concerns of life, as well as the development that has to take place within their circle, i. e., of the children, constitute a common object for the members of the family. The spirit of the family—the Penates—form one substantial being, as much as the spirit of a people in the State; and morality in both cases consists in a feeling, a consciousness, and a will, not limited to individual personality and interest, but embracing the common interests of the members generally. But this unity is, in the case of the family, essentially one of feeling, not advancing beyond the limits of the merely natural. The piety of the family relation should be respected in the highest degree by the State; by its means the State obtains as its members individuals who are already moral (for as mere persons they are not) and who, in uniting to form a State, bring with them that sound basis of a political edifice—the capacity of feeling one with a whole. But the expansion of the family to a patriarchal unity carries us beyond the ties of blood-relationship—the simply natural elements of that basis; and outside of these limits the members of the community must enter upon the position of independent personality. A review of the patriarchal condition, in extenso, would lead us to give special attention to the theocratical constitution. The head of the patriarchal clan is also its priest. If the family in its general relations is not yet separated from civic society and the State, the separation of religion from it has also not yet taken place; and so much the less since the piety of the hearth is itself a profoundly subjective state of feeling.
We have considered two aspects of freedom—the objective and the subjective; if, therefore, freedom is asserted to consist in the individuals of a State, all agreeing in its arrangements, it is evident that only the subjective aspect is regarded. The natural inference from this principle is, that no law can be valid without the approval of all. It is attempted to obviate this difficulty by the decision that the minority must yield to the majority; the majority therefore bears sway; but long ago J.J. Rousseau remarked that, in that case, there would no longer be freedom, for the will of the minority would cease to be respected. At the Polish Diet each individual member had to give his consent before any political step could be taken; and this kind of freedom it was that ruined the State. Besides, it is a dangerous and false prejudice that the people alone have reason and insight, and know what justice is; for each popular faction may represent itself as the people, and the question as to what constitutes the State is one of advanced science and not of popular decision.
If the principle of regard for the individual will is recognized as the only basis of political liberty, viz., that nothing should be done by or for the State to which all the members of the body politic have not given their sanction, we have, properly speaking, no constitution. The only arrangement found necessary would be, first, a centre having no will of its own, but which should take into consideration what appeared to be the necessities of the State, and, secondly, a contrivance for calling the members of the State together, for taking the votes, and for performing the arithmetical operations of reckoning and comparing the number of votes for the different propositions, and thereby deciding upon them. The State is an abstraction, having even its generic existence in its citizens; but it is an actuality, and its simply generic existence must embody itself in individual will and activity. The want of government and political administration in general is felt; this necessitates the selection and separation from the rest of those who have to take the helm in political affairs, to decide concerning them, and to give orders to other citizens, with a view to the execution of their plans. If, for instance, even the people in a democracy resolve on a war, a general must head the army. It is only by a constitution that the abstraction—the State—attains life and reality; but this involves the distinction between those who command and those who obey. Yet obedience seems inconsistent with liberty, and those who command appear to do the very opposite of that which the fundamental idea of the State, viz., that of freedom, requires. It is, however, urged that though the distinction between commanding and obeying is absolutely necessary, because affairs could not go on without it, and indeed, this seems only a compulsory limitation, external to and even contravening freedom in the abstract—the constitution should be at least so framed that the citizens may obey as little as possible and the smallest modicum of free volition be left to the commands of the superiors; that the substance of that for which subordination is necessary, even in its most important bearings, should be decided and resolved on by the people, by the will of many or of all the citizens; though it is supposed to be thereby provided that the State should be possessed of vigor and strength as a reality—an individual unity. The primary consideration is, then, the distinction between the governing and the governed, and political constitutions in the abstract have been rightly divided into monarchy, aristocracy, and democracy; this gives occasion, however, for the remark that monarchy itself must be further divided into despotism and monarchy proper; that in all the divisions to which the leading idea gives rise, only the generic character is to be made prominent, it being not intended thereby that the particular category under review should be exhausted as a form, order, or kind in its concrete development. But it must especially be observed that the above mentioned divisions admit of a multitude of particular modifications—not only such as lie within the limits of those classes themselves but also such as are mixtures of several of these essentially distinct classes and which are consequently misshapen, unstable, and inconsistent forms. In such a collision, the concerning question is: What is the best constitution—that is, by what arrangement, organization, or mechanism of the power of the State can its object be most surely attained? This object may indeed be variously understood; for instance, as the calm enjoyment of life on part of the citizens, or as universal happiness. Such aims have suggested the so-called ideals of constitutions, and, as a particular branch of the subject, Ideals of the education of princes (Fénelon), or of the governing body, the aristocracy at large (Plato); for the chief point they treat of is the condition of those subjects who stand at the head of affairs, and in these ideals the concrete details of political organization are not at all considered. The inquiry into the best constitution is frequently treated as if not only the theory were an affair of subjective independent conviction, but as if the introduction of a constitution recognized as the best, or as superior to others, could be the result of a resolve adopted in this theoretical manner, as if the form of a constitution were a matter of free choice, determined by nothing else but reflection. Of this artless fashion was that deliberation—not indeed of the Persian people, but of the Persian grandees, who had conspired to overthrow the pseudo-Smerdis and the Magi, after their undertaking had succeeded and when there was no scion of the royal family living—as to what constitution they should introduce into Persia; and Herodotus gives an equally naïve account of this deliberation.
In the present day, the constitution of a country and people is not represented as so entirely dependent on free and deliberate choice. The fundamental, but abstractly and therefore imperfectly, entertained conception of freedom, has resulted in the republic being very generally regarded—in theory—as the only just and true political constitution. Even many who occupy elevated official positions under monarchical constitutions, so far from being opposed to this idea are actually its supporters; only they see that such a constitution, though the best, cannot be realized under all circumstances, and that, while men are what they are, we must be satisfied with less freedom, the monarchical constitution, under the given circumstances and the present moral condition of the people, being even regarded as the most advantageous. In this view also the necessity of a particular constitution is made to depend on the condition of the people as though the latter were non-essential and accidental. This representation is founded on the distinction which the reflective understanding makes between an idea and the corresponding reality. This reflection holding to an abstract and consequently untrue idea, not grasping it in its completeness, or—which is virtually, though not in point of form, the same—not taking a concrete view of a people and a State. We shall have to show, further, on, that the constitution adopted by a people makes one substance, one spirit, with its religion, its art, and its philosophy, or, at least, with its conceptions, thoughts and culture generally—not to expatiate upon the additional influences ab extra, of climate, of neighbors, of its place in the world. A State is an individual totality, of which you cannot select any particular side, although a supremely important one, such as its political constitution, and deliberate and decide respecting it in that isolated form. Not only is that constitution most intimately connected with and dependent on those other spiritual forces, but the form of the entire moral and intellectual individuality, comprising all the forces it embodies, is only a step in the development of the grand whole, with its place pre-appointed in the process—a fact which gives the highest sanction to the constitution in question and establishes its absolute necessity. The origin of a State involves imperious lordship on the one hand, instinctive submission on the other. But even obedience—lordly power, and the fear inspired by a ruler—in itself implies some degree of voluntary connection. Even in barbarous states this is the case; it is not the isolated will of individuals that prevails; individual pretensions are relinquished, and the general will is the essential bond of political union. This unity of the general and the particular is the Idea itself, manifesting itself as a State, and which subsequently undergoes further development within itself. The abstract yet necessitated process in the development of truly independent states is as follows: They begin with regal power, whether of patriarchal or military origin; in the next phase, particularity and individuality assert themselves in the form of aristocracy and democracy; lastly, we have the subjection of these separate interests to a single power, but one which can be absolutely none other than one outside of which those spheres have an independent position, viz., the monarchical. Two phases of royalty, therefore, must be distinguished—a primary and a secondary. This process is necessitated to the end that the form of government assigned to a particular stage of development must present itself; it is therefore no matter of choice, but is the form adapted to the spirit of the people.
In the constitution the main feature of interest is the self-development of the rational, that is, the political condition of a people, the setting free of the successive elements of the Idea, so that the several powers in the State manifest themselves as separate, attain their appropriate and special perfection, and yet, in this independent condition, work together for one object and are held together by it—i. e., form an organic whole. The State is thus the embodiment of rational freedom, realizing and recognizing itself in an objective form. For its objectivity consists in this—that its successive stages are not merely ideal, but are present in an appropriate reality, and that in their separate and several workings they are absolutely merged in that agency by which the totality, the soul, the individuate unity, is produced, and of which it is the result.
The State is the Idea of Spirit in the external manifestation of human will and its freedom. It is to the State, therefore, that change in the aspect of history indissolubly attaches itself; and the successive phases of the idea manifest themselves in it as distinct political principles. The constitutions under which world-historical peoples have reached their culmination, are peculiar to them, and therefore do not present a generally applicable political basis. Were it otherwise the differences of similar constitutions would consist only in a peculiar method of expanding and developing that generic basis, whereas they really originate in diversity of principle. From the comparison therefore of the political institutions of the ancient world-historical peoples, it so happens that, for the most recent principle of a constitution for the principle of our own times, nothing, so to speak, can be learned. In science and art it is quite otherwise—that is, the ancient philosophy is so decidedly the basis of the modern that it is inevitably contained in the latter and constitutes its basis. In this case the relation is that of a continuous development of the same structure, whose foundation-stone, walls, and roof have remained what they were. In art, the Greek itself, in its original form, furnishes us the best models, but in regard to political constitution it is quite otherwise; here the ancient and the modern have not their essential principle in common. Abstract definitions and dogmas respecting just government—importing that intelligence and virtue ought to bear sway—are, indeed, common to both, but nothing is so absurd as to look to Greeks, Romans, or Orientals, for models for the political arrangements of our time. From the East may be derived beautiful pictures of a patriarchal condition, of paternal government, and of devotion to it on the part of peoples; from Greeks and Romans, descriptions of popular liberty. Among the latter we find the idea of a free constitution admitting all the citizens to a share in deliberations and resolves respecting the affairs and laws of the commonwealth. In our times, too, this is its general acceptation; only with this modification, that—since our States are so large, and there are so many of "the many," the latter (direct action being impossible) should by the indirect method of elective substitution express their concurrence with resolves affecting the common weal—that is, that for legislative purposes generally the people should be represented by deputies. The so-called representative constitution is that form of government with which we connect the idea of a free constitution; and this notion has become a rooted prejudice. On this theory people and government are separated. But there is a perversity in this antithesis, an ill-intentioned ruse designed to insinuate that the people are the totality of the State. Besides, the basis of this view is the principle of isolated individuality—the absolute validity of the subjective will—a dogma which we have already investigated. The great point is that freedom, in its ideal conception, has not subjective will and caprice for its principle, but the recognition of the universal will, and that the process by which freedom is realized is the free development of its successive stages. The subjective will is a merely formal determination—a carte blanche—not including what it is that is willed. Only the rational will is that universal principle which independently determines and unfolds its own being and develops its successive elemental phases as organic members. Of this Gothic-cathedral architecture the ancients knew nothing.
At an earlier stage of the discussion we established the two elemental considerations: First, the idea of freedom as the absolute and final aim; secondly, the means for realizing it, i. e., the subjective side of knowledge and will, with its life, movement, and activity. We then recognized the State as the moral whole and the reality of freedom, and consequently as the objective unity of these two elements. For although we make this distinction in two aspects for our consideration, it must be remarked that they are intimately connected, and that their connection is involved in the idea of each when examined separately. We have, on the one hand, recognized the Idea in the definite form of freedom, conscious of and willing itself, having itself alone as its object, involving at the same time the pure and simple Idea of Reason and, likewise, what we have called Subject, self-consciousness, Spirit, actually existing in the world. If, on the other hand, we consider subjectivity, we find that subjective knowledge and will is thought. But by the very act of thoughtful cognition and volition, I will the universal object—the substance of absolute Reason. We observe, therefore, an essential union between the objective side—the Idea, and the subjective side—the personality that conceives and wills it. The objective existence of this union is the State, which is therefore the basis and centre of the other concrete elements of the life of a people—of art, of law, of morals, of religion, of science. All the activity of Spirit has only this object—the becoming conscious of this union, i. e., of its own freedom. Among the forms of this conscious union religion occupies the highest position. In it Spirit-rising above the limitations of temporal and secular existence—becomes conscious of the Absolute Spirit, and, in this consciousness of the Self-Existent Being, renounces its individual interest; it lays this aside in devotion—a state of mind in which it refuses to occupy itself any longer with the limited and particular. By sacrifice man expresses his renunciation of his property, his will, his individual feelings. The religious concentration of the soul appears in the form of feeling; it nevertheless passes also into reflection; a form of worship (cultus) is a result of reflection. The second form of the union of the objective and subjective in the human spirit is art; this advances farther into the realm of the actual and sensuous than religion. In its noblest walk it is occupied with representing, not, indeed, the Spirit of God, but certainly the Form of God; and, in its secondary aims, that which is divine and spiritual generally. Its office is to render visible the divine, presenting it to the imaginative and intuitive faculty. But the true is the object not only of conception and feeling, as in religion—and of intuition, as in art—but also of the thinking faculty; and this gives us the third form of the union in question—philosophy. This is consequently the highest, freest, and wisest place. Of course we are not intending to investigate these three phases here; they have only suggested themselves in virtue of their occupying the same general ground as the object here considered the State.