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Hegel's Philosophy of Mind

Georg Wilhelm Friedrich Hegel

passage 12 of 231 · Section I. Mind Subjective. (11/112)

in brief
It argues that when law and usage are aligned with the universal spirit of a moral community, individuals are both free and equal through fraternity, and strict right is balanced into equity by benevolence.

subjective conscience: briefly in the circumstance that it tends to set up a mere individualism against a mere universalism, instead of realising the unity and essential interdependence of the two.

The third sub-section of the theory of Objective Mind describes a state of affairs in which this antithesis is explicitly overcome. This is the moral life in a social community. Here law and usage prevail and provide the fixed permanent scheme of life: but the law and the usage are, in their true or ideal conception, only the unforced expression of the mind and will of those who live under them. And, on the other hand, the mind and will of the individual members of such a community are pervaded and animated by its universal spirit. In such a community, and so constituting it, the individual is at once free and equal, and that because of the spirit of fraternity, which forms its spiritual link. In the world supposed to be governed by mere legality the idea of right is exclusively prominent; and when that is the case, it may often happen that summum jus summa injuria. In mere morality, the stress falls exclusively on the idea of inward freedom, or the necessity of the harmony of the judgment and the will, or the dependence of conduct upon conscience. In the union of the two, in the moral community as normally constituted, the mere idea of right is replaced, or controlled and modified, by the idea of equity—a balance as it were between the two preceding, inasmuch as motive and purpose are employed to modify and interpret strict right. But this effect—this harmonisation—is brought about by the predominance of a new idea—the principle of benevolence,—a principle however which is itself modified by the fundamental idea of right or law(8) into a wise or regulated kindliness.

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topics: custom and unwritten law · justice as a virtue · rights and liberties

Hegel's Philosophy of Mind · Georg Wilhelm Friedrich Hegel · 1827–1830