| Hegel’s Elements of the Philosophy of Right mainly deals with the issue of Freedom.The Freedom in the objective spirit obtains the most concrete realization in the state.The realization of freedom is inseparable from the unity of rights and duties.This prompted us to find defects in the current popular ideas of supremacy rights.Everyone cannot shake off the impact of state and society,since we can not escape,then we should face these problems directly.Hegel’s state philosophy provides a unique perspective for us.In his theory,we can not only see the ethical entity of ancient Greece,but also see the subjective freedom principle of the modern world.At the same time,he also carried out a rational criticism of the ancient city-state theory and modern liberalism theory of state.Our research is devoted to fully revealing the uniqueness of Hegel’s state theory.The first chapter focuses on two points.(1)By examining the relevant texts of the philosophy of right in different periods,we believe that the present text is basically reliable.(2)Hegel did not change his core view under the pressure of censorship.Some of the material in Hegel’s biography proves that he is not a conservative Prussian official philosopher.Instead,he is a progressive and innovative person.The second chapter studies several core concepts of Elements of the Philosophy of Right: right(law)、free will、right and duty.Here the right is the philosophical sense of law only with the rationality of right is real.Freedom and will are indivisible,but freedom is not arbitrariness,and will not be controlled by instinct and emotion.It is only by the guidance of universal reason that will be free.At the same time,Rights and duties are closely bound up with truth,reason,free will and law.Only justice and rational things have the right.Law itself is the protection of rights.Because of duty is the understanding of rational things and truth things,so it’s not a restriction.The fulfillment of duties is the embodiment of freedom.In the third chapter,we mainly analyze the problem of personality and contract in Abstract Right.Independent personality is the foundation of all rights;Contract theory is the theoretical basis of liberal state theory.Personality rights are abstract things,it only cares about its own rights and declare respect my rights is the duties ofothers,at the same time,the abstract right lies in the ownership of property,lack of the inward subjective freedom.The purpose of contract theory is to protect the natural rights of individuals.A state founded on contracts is a tool for protecting rights.Hegel thinks that the contract is arbitrary and accidental,so it is not a qualified state theory.The fourth chapter mainly studies the duties and rights in the field of morality.Kant stressed the purity of morality,and should be duty for duty.But this inevitably put the moral principle,common good things become empty.Finally,only in accordance with the rules of their own conscience to act.The rule of duty lost the objective validity,the right of subjective consciousness are excessively develop.Hegel believes that in morality we should not only to fulfill duties,but also concern about welfare as the specific content of the rights.The combination of rights and duties should be realized in Ethics.The fifth chapter focuses on the specific content of Hegel’s theory of state and the unity of right and duty.In the family,parents and children have specific right and duty.Parents have the right to manage their children,and at the same time,it is their duty.Children have the duty to obey the management,and it is also a right to receive education.In the civil society and state rights and duties are parity,only the specific content of rights and duties has changed.Hegel believes that freedom can only be achieved in organic State,because everyone becomes the purpose of organism,at the same time,to maintain of the organism is the purpose of everyone,therefore,the pursuit of rights and fulfill the duties are the same thing.Finally,we make a deep comparison between Hegel’s theory of state and the ideal city-state of Plato and the instrumental view of Liberalism.Hegel grasped the concept of the state in a rational way.He wanted to combine the particular will with the universal,individual interests with state interests in an organic way.We should insist on the unity of rights and duties in pursuit of individual freedom.The modern state has to accommodate individual freedom,but also to prevent division cause by it.This requires an ethical spirit to bring the scattered things together,make them an organism. |
