Philosophy is the science of the spirit "of the idea that returns to itself by its otherness." By the dispersion and its ignorance of reality accrued. The idea comes back as a spirit. In his own element. The human world, which is that of consciousness, the spirit has been seen primarily as a human consciousness.
The first steps of the metaphorical back of the idea itself coincide with the rise of man from the level of pure and natural with the gradual emergence of consciousness from the first spiritual manifestations, fatigue and confused easily extricate himself from the corporeal animal, all the way through to more complex forms of intellectual activity and rational.
In the system, this matter is addressed in the first moment of philosophy of mind, that of subjective spirit: this name shows how manifestations of the spirit of this study are those specific subjectivity, but astrattamene considered, that in the individual regardless of the legal and moral fabric of relationships and socio-economic and political institutions in which every man is always quote.
The human spirituality, in fact, is one part in a self that is us: that is, intersubjective is highly additive and is based on mutual self-consciousnesses do know. The men recognize one another is the basis of the legal and moral, social and political institutions and their history. In the spirit they manifested, and gives concrete existence, objectivity; they are therefore the subject of the second moment of spiritual dialectic. Finally, the third and final moment of the dialectic of the spiritual world includes the highest forms of spiritual life: art, religion, philosophy - through which the spirit comes to know himself and became very absolute spirit. .
HERE CONTINUE WITH NOTES ON THE SUBJECT OF EACH FIGURE.
The state is the culmination of ethics, namely the re-affirmation of the unity of the family (thesis) beyond the dispersal of civil society (the antithesis). The state, which is sort of a big family, where the ethos of a people knowingly expresses himself, is indeed to civil society as the universal (the search for the common good) is to detail (the private pursuit of profit): "'The State is the ethical substance in large, self-aware, - the meeting of the principle of family and civil society "(Encyclopaedia, par. 537). Consequently, the State does not imply a suppression of civil society (which is a necessary, and then eliminated, the life of the spirit), but an effort to address the particularities to the collective good.
This ethical conception of the state, seen as the supreme embodiment of social morality and the common good, is different sharply from the political model developed by authors such as Locke, Kant, etc., that the liberal theory of the state as an instrument to ensure the safety and rights of individuals. In fact, from the standpoint of Hegel, a theory of this kind would lead to a confusion between civil society or the State or some sort of reduction of the state single guardian of the particulars of civil society: If the state is confused with civil society and destination it is placed in security and protection of property and personal freedom, then the interest of individuals as such is the extreme end for which they are united. (Outline, par 258).
The State of Hegel also differs from the model democracy (see Rousseau), or from the idea that sovereignty resides in the people. A closer look, writes Hegel's concept of popular sovereignty "belongs to the confused thoughts" (Outline, par. 279) as the people outside the state, is only a shapeless multitude, "I like a lot of individuals, which would means willingly to the people, are certainly a whole but only as a host - a formless mass "(Outline, par. 303). In such "abstractions", Hegel contrasts the theory that state sovereignty is derived from that State, which thus in itself and not outside of himself, his raison d'être and its purpose. That is to say that the state is not based on individuals, but the idea of \u200b\u200bthe State, namely the concept of a universal good. The controversy surrounding anti-liberal and anti-democratic Hegel therefore, as its premise the conviction that organismic individuals are not so much to found the state but the state to establish individuals, both in terms of historical time ( because the State is chronologically "first" of individuals who are born under it), both in terms of ideal and axiological (because the state is "superior" individuals, just as the whole is greater than the parts it up). The optical organicistic is accompanied by a simultaneous rejection of the model contracts, or theories that would like to depend on the social life of a contract scaturiente by the arbitrary will of individuals. Such theories, for Hegel, are an insult to the 'absolute authority and majesty of the state and an attack on the "higher law that it has towards the citizens.
Hegel also disputes the natural law, namely the idea of \u200b\u200bnatural rights, existing before and beyond the state, saying that "society is a condition in which only the right reality '(Encyclopaedia, par. 502). However, as shown by Norberto Bobbio, 'Hegel shares with the natural law is the tendency to state the climax of the historical process, is the thesis the rule of law, conceived as the most rational manifestation of the will of the state. The State of Hegel, in fact, despite being absolutely sovereign, it is not, therefore, a despotic state, illegal, as the German philosopher, in accordance with a tradition that runs from Hobbes to Rousseau believes that the Government should act only through the laws and in the form of laws. And what a tribute to the principle that a rule should not be men, but the laws (see Outline, par. 278). Consequently, the Hegelian state is set up as "what the German courts later called a Rechtstaat (GH Sabine), or a rule of law based on respect for the laws and protection of freedom "formal" individual and his property (hence the admiration for Hegel Napoleonic codification).
Consistent with its historicist perspective, Hegel argues that the constitution, that they concept of the state "is not the result of un'elucubrazione desk, but something that necessarily arises from the collective life and history of a people: What is called make a constitution is never [...] happened in history, as it never had a code, a constitution was carried out only by the spirit. (Encyclopaedia, par. 540)
Every people has therefore the constitution that is appropriate. (Outline, par. 274) In fact
true, it simplifies Hegel, that if you want to impose a priori a constitution (as did Napoleon and the English example) inevitably fails, even if the proposed constitution is certainly better than the existing one.
Hegel identifies the constitution "rational" by modern constitutional monarchy, that is a political body that includes a number of distinct powers, but not distinct. These are three powers: legislative, governmental and princely (lacking, as are: judicial eras, as the administration of justice is part of civil society). The prince is the embodiment of the unity of the state, the power in which the sovereignty of the latter takes the form of individuality monarchy to a final decision about the affairs of the community, "the personality of the statement is true only if understood as a person, the monarch" (Outline, par. 279). However, beyond that Hegel puts emphasis on the figurehead of the monarch, the function of this man seems to be, ultimately, in the "say yes, and put the dot on VAT '(Outline, par. 280). Therefore, "the true political power in the constitutional model Hegel, is the power of government [...]. Vera politicians are ministers and civil servants ''. In any case, the constitutional monarchy is on the German philosopher, 'the constitution of reason developed, compared to which all others belong to the lower grades "(Encyclopaedia, par. 542). In addition, it will resolve itself organically in the classical forms of government: monarchy, aristocracy and democracy, "the monarch is one, with the power of government and some involved with the legislature intervenes in gender diversity" (Outline, par. 273) . Hegel's political thought makes an explicit end to deification of the State: The state is God's will, as the spirit alive, as esplicantesi spirit and real shape and organization of a world. (Outline, par. 270). The entry of God in the world is the state. (Outline, par. 258, "Adding")
Some scholars, to defend Hegel accusation of "statolatria" tried to minimize, even to "rectify" the claims text of the philosopher, pointing out that, according to the premises of his thought, God, strictly speaking, is not identified with the state, but with the absolute spirit, which, through art and religion, culminating in philosophy (see par. "absolute spirit", p. 904). This is partly true, although we must not forget that art, religion and philosophy exist only in the State and by virtue of the state, which is then, just as Hegel writes, "the entry" concrete and visible God (spirit) in the world. How divine life that takes place in the world, the State can not find, in the laws of morality, a limit or hinder their action. In fact, Hegel writes, "the welfare of a State has a completely different justification that does not have the welfare of the individual" and can not depend on those "universal thoughts" that go under the name of "moral principles" (Outlines, par . 337).
Focusing specifically on the Law of the State and outside on the history of the world. Hegel declares that there is a higher organism capable of regulating inter-state relations and to resolve their conflicts. In other words, there is no judge or magistrate that can examine the claims of States (Outline, par. 333). Only the judge or arbitrator is the universal spirit, that is the story (See par. "The philosophy of history ', p. seq.), Which has as its structural moment the war. Moving in a completely different line of thought from the Enlightenment cosmopolitanism and peace of Kant, Hegel attributes to the war not only character of necessity and inevitability (when there are no conditions for a settlement of disputes between states), but also a high moral value. In fact, says the comparison with a famous German philosopher, as "the movement of the winds preserves the sea from decay, which would be reduced by a durable peace ", so the war keeps people from fossilization to which they would reduce a lasting peace or perpetual (Outline, par. 324).
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