[Classics] Critique of Hegel’s Philosophy of Right

1. The State

(Marx’s commentary on § 257 - 60 have been lost)

§ 261. In contrast with the spheres of private rights and private welfare (the family and civil society), the state is from one point of view an external necessity and their higher authority; its nature is such that their laws and interests are subordinate to it and dependent on it. On the other hand, however, it is the end immanent within them, and its strength lies in the unity of its own universal end and aim with the particular interest of individuals, in the fact that individuals have duties to the state in proportion as they have rights against it (see § 155).

The foregoing paragraph advises us that concrete freedom consists in the identity (as it is supposed to be, two-sided) of the system of particular interest (the family and civil society) with the system of general interest (the state). The relation of these spheres must now be determined more precisely.

From one point of view the state is contrasted with the spheres of family and civil society as an external necessity, an authority, relative to which the laws and interests of family and civil society are subordinate and dependent. That the state, in contrast with the family and civil society, is an external necessity was implied partly in the category of ‘transition’ (Übergangs) and partly in the conscious relationship of the family and civil society to the state. Further, subordination under the state corresponds perfectly with the relation of external necessity. But what Hegel understands by ‘dependence’ is shown by the following sentence from the Remark to this paragraph:

§ 261.... It was Montesquieu above all who, in his famous work L’Esprit des Lois, kept in sight and tried to work out in detail both the thought of the dependence of laws in particular, laws concerning the rights of persons - on the specific character of the state, and also the philosophic notion of always treating the part in its relation to the whole.

Thus Hegel is speaking here of internal dependence, or the essential determination of private rights, etc., by the state. At the same time, however, he subsumes this dependence under the relationship of external necessity and opposes it, as another aspect, to that relationship wherein family and civil society relate to the state as to their immanent end.

‘External necessity’ can only be understood to mean that the laws and interests of the family and civil society must give way in case of collision with the laws and interests of the state, that they are subordinate to it, that their existence is dependent on it, or again that its will and its law appear to their will and their laws as a necessity!

But Hegel is not speaking here about empirical collisions; he is speaking about the relationship of the ‘spheres of private rights and private welfare, of the family and civil society,’ to the state; it is a question of the essential relationship of these spheres themselves. Not only their interests but also their laws and their essential determinations are dependent on the state and subordinate to it. It is related to their laws and interests as higher authority, while their interest and law are related to it as its ‘subordinates’. They exist in their dependence on it. Precisely because subordination and dependence are external relations, limiting and contrary to an autonomous being, the relationship of family and civil society to the state is that of external necessity, a necessity which relates by opposition to the inner being of the thing. The very fact that the laws concerning the private rights of persons depend on the specific character of the state and are modified according to it is thereby subsumed under the relationship of external necessity’, precisely because civil society and family in their true, that is in their independent and complete development, are presupposed by the state as particular spheres. ‘Subordination’ and ‘dependence’ are the expressions for an external, artificial, apparent identity, for the logical expression of which Hegel quite rightly uses the phrase ‘external necessity’. With the notions of ‘subordination’ and ‘dependence’ Hegel has further developed the one aspect of the divided identity, namely that of the alienation within the unity.

On the other hand, however, it is the end immanent within them, and its strength lies in the unity of its own universal end and aim with the particular interest of individuals, in the fact that individuals have duties to the state in proportion as they have rights against it.

Here Hegel sets up an unresolved antinomy: on the one hand external necessity, on the other hand immanent end. The unity of the universal end and aim of the state and the particular interest of individuals must consist in this, that the duties of individuals to the state and their rights against it are identical (thus, for example, the duty to respect property coincides with the right to property).

This identity is explained in this way in the Remark [to § 261]:

Duty is primarily a relation to something which from my point of view is substantive, absolutely universal. A right, on the other hand, is simply the embodiment of this substance and thus is the particular aspect of it and enshrines my particular freedom. Hence at abstract levels, right and duty appear parcelled out on different sides or in different persons. In the state, as something ethical, as the interpenetration of the substantive and the particular, my obligation to what is substantive is at the same time the embodiment of my particular freedom. This means that in the state duty and right are united in one and the same relation.

§ 262. The actual Idea is mind, which, sundering itself into the two ideal spheres of its concept, family and civil society, enters upon its finite phase, but it does so only in order to rise above its ideality and become explicit as infinite actual mind. It is therefore to these ideal spheres that the actual Idea assigns the material of this its finite actuality, viz., human beings as a mass, in such a way that the function assigned to any given individual is visibly mediated by circumstances, his caprice and his personal choice of his station in life.

Let us translate this into prose as follows:

The manner and means of the state’s mediation with the family and civil society are ‘circumstance, caprice, and personal choice of station in life’. Accordingly, the rationality of the state [Staatsvernunft] has nothing to do with the division of the material of the state into family and civil society.

The state results from them in an unconscious and arbitrary way. Family and civil society appear as the dark natural ground from which the light of the state emerges. By material of the state is meant the business of the state, i.e., family and civil society, in so far as they constitute components of the state and, as such, participate in the state.

This development is peculiar in two respects.

1. Family and civil society are conceived of as spheres of the concept of the state, specifically as spheres of its finiteness, as its finite phase. It is the state which sunders itself into the two, which presupposes them, and indeed does this ‘only in order to rise above its ideality and become explicit as infinite actual mind’. ‘It sunders itself in order to...’ It ‘therefore assigns to these ideal spheres the material of its finite actuality in such a way that the function assigned to any given individual is visibly mediated, etc’. The so-called ‘actual idea’ (mind as infinite and actual) is described as though it acted according to a determined principle and toward a determined end. It sunders itself into finite spheres, and does this ‘in order to return to itself, to be for itself’; moreover it does this precisely in such a way that it is just as it actually is.

In this passage the logical, pantheistic mysticism appears very clearly.

The actual situation is that the assignment of the material of the state to the individual is mediated by circumstances, caprice, and personal choice of his station in life. This fact, this actual situation is expressed by speculative philosophy [der Spekulation] as appearance, as phenomenon. These circumstances, this caprice, this personal choice of vocation, this actual mediation are merely the appearance of a mediation which the actual Idea undertakes with itself and which goes on behind the scenes. Actuality is not expressed as itself but as another reality. Ordinary empirical existence does not have its own mind [Geist] but rather an alien mind as its law, while on the other hand the actual Idea does not have an actuality which is developed out of itself, but rather has ordinary empirical existence as its existence [Dasein].

The Idea is given the status of a subject, and the actual relationship of family and civil society to the state is conceived to be its inner imaginary activity. Family and civil society are the presuppositions of the state; they are the really active things; but in speculative philosophy it is reversed. But if the Idea is made subject, then the real subjects - civil society, family, circumstances, caprice, etc. - become unreal, and take on the different meaning of objective moments of the Idea.

2. The circumstance, caprice, and personal choice of station in life, through which the material of the state is assigned to the individual, are not said directly to be things which are real, necessary, and justified in and for themselves; qua circumstances, caprice, and personal choice they are not declared to be rational. Yet on the other hand they again are, but only so as to be presented for the phenomena of a mediation, to be left as they are while at the same time acquiring the meaning of a determination of the idea, a result and product of the Idea. The difference lies not in the content, but in the way of considering it, or in the manner of speaking. There is a two-fold history, one esoteric and one exoteric. The content lies in the exoteric part. The interest of the esoteric is always to recover the history of the logical Concept in the state. But the real development proceeds on the exoteric side.

Reasonably, Hegel’s sentences mean only the following:

The family and civil society are elements of the state. The material of the state is divided amongst them through circumstances, caprice, and personal choice of vocation. The citizens of the state are members of families and of civil society.

‘The actual Idea is mind which, sundering itself into the two ideal spheres of its concept, family and civil society, enters upon its finite phase’ - thus the division of the state into the family and civil society is ideal, i.e., necessary, belonging to the essence of the state. Family and civil society are actual components of the state, actual spiritual existences of will; they are the modes of existence of the state; family and civil society make themselves into the state. They are the active force. According to Hegel they are, on the contrary, made by the actual Idea. It is not their own life’s course which unites them into the state, but rather the life’s course of the Idea, which has distinguished them from itself; and they are precisely the finiteness of this idea; they owe their existence to a mind [Geist] other than their own; they are determinations established by a third party, not self-determinations; for that very reason they are also determined as finiteness, as the proper finiteness of the ‘actual idea’. The purpose of their existence is not this existence itself, but rather the Idea separates these presuppositions off from itself in order to rise above its ideality and become explicit as infinite actual mind. This is to say that the political state cannot exist without the natural basis of the family and the artificial basis of civil society; they are its conditio sine qua non; but the conditions are established as the conditioned, the determining as the determined, the producing as the product of its product. The actual idea reduces itself into the finiteness of the family and civil society only in order to enjoy and to bring forth its infinity through their transcendence [Aufhebung]. It therefore assigns (in order to attain its end) to these ideal spheres the material of this its finite actuality (of this? of what? these spheres are really its finite actuality, its material) to human beings as a mass (the material of the state here is human beings, the mass, the state is composed of them, and this, its composition is expressed here as an action of the Idea, as a parcelling out which it undertakes with its own material. The fact is that the state issues from the mass of men existing as members of families and of civil society; but speculative philosophy expresses this fact as an achievement of the Idea, not the idea of the mass, but rather as the deed of an Idea-Subject which is differentiated from the fact itself) in such a way that the function assigned to the individual (earlier the discussion was only of the assignment of individuals to the spheres of family and civil society) is visibly mediated by circumstances, caprice, etc. Thus empirical actuality is admitted just as it is and is also said to be rational; but not rational because of its own reason, but because the empirical fact in its empirical existence has a significance which is other than it itself. The fact, which is the starting point, is not conceived to be such but rather to be the mystical result. The actual becomes phenomenon, but the Idea has no other content than this phenomenon. Moreover, the idea has no other than the logical aim, namely, ‘to become explicit as infinite actual mind’. The entire mystery of the Philosophy of Right and of Hegelian philosophy in general is contained in these paragraphs.

§ 263. In these spheres in which its moments, particularity and individuality, have their immediate and reflected reality, mind is present as their objective universality glimmering in them as the power of reason in necessity (see § 184), i.e., as the institutions considered above.

§ 264. Mind is the nature of human beings en masse and their nature is therefore twofold: (i) at one extreme, explicit individuality of consciousness and will, and (ii) at the other extreme, universality which knows and wills what is substantive. Hence they attain their right in both these respects only in so far as both their private personality and its substantive basis are actualised. Now in the family and civil society they acquire their right in the first of these respects directly and in the second indirectly, in that (i) they find their substantive self-consciousness in social institutions which are the universal implicit in their particular interests, and (ii) the Corporation supplies them with an occupation and an activity directed on a universal end.

§ 265. These institutions are the components of the constitution (i.e., of rationality developed and actualised) in the sphere of particularity. They are, therefore, the firm foundation not only of the state but also of the citizen’s trust in it and sentiment towards it. They are the pillars of public freedom since in them particular freedom is realised and rational, and therefore there is implicitly present even in them the union of freedom and necessity.

§ 266. But mind is objective and actual to itself not merely as this (which?), necessity .... but also as the ideality and the heart of this necessity. Only in this way is this substantive universality aware of itself as its own object and end, with the result that the necessity appears to itself in the shape of freedom as well.

Thus the transition of the family and civil society into the political state is this: the mind of those spheres, which is the mind of the state in its implicit moment, is now also related to itself as such, and is actual to itself as their inner reality. Accordingly, the transition is not derived from the specific essence of the family, etc., and the specific essence of the state, but rather from the universal relation of necessity and freedom. Exactly the same transition is effected in the Logic from the sphere of Essence to the sphere of Concept, and in the Philosophy of Nature from Inorganic Nature to Life. It is always the same categories offered as the animating principle now of one sphere, now of another, and the only thing of importance is to discover, for the particular concrete determinations, the corresponding abstract ones.

§ 267. This necessity in ideality is the inner self-development of the Idea. As the substance of the individual subject, it is his political sentiment [patriotism] in distinction therefrom, as the substance of the objective world, it is the organism of the state, i.e., it is the strictly political state and its constitution.

Here the subject is ‘the necessity in ideality’, the ‘Idea within itself" and the predicate is political sentiment and the political constitution. Said in common language, political sentiment is the subjective, and the political constitution the objective substance of the state. The logical development from the family and civil society to the state is thus pure appearance, for what is not clarified is the way in which familial and civil sentiment, the institution of the family and those of society, as such, stand related to the political sentiment and political institutions and cohere with them.

The transition involved in mind existing ‘not merely as necessity and realm of appearance’ but as actual for itself and particular as ‘the ideality of this necessity’ and the soul of this realm is no transition whatever, because the soul of the family exists for itself as love, etc. [see §§ 161 ff.] The pure ideality of an actual sphere, however, could exist only as knowledge [Wissenschaft].

The important thing is that Hegel at all times makes the Idea the subject and makes the proper and actual subject, like ‘political sentiment’, the predicate. But the development proceeds at all times on the side of the predicate.

§ 268. contains a nice exposition concerning political sentiment, or patriotism, which has nothing to do with the logical development except that Hegel defines it as ‘simply a product of the institutions subsisting in the state since rationality is actually present in the state’, while on the other hand these institutions are equally an objectification of the political sentiment. Cf. the Remark to this paragraph.

§ 269. The patriotic sentiment acquires its specifically determined content from the various members of the organism of the state. This organism is the development of the Idea to its differences and their objective actuality. Hence these different members are the various powers of the state with their functions and spheres of action, by means of which. the universal continually engenders itself, and engenders itself in a necessary way because their specific character is fixed by the nature of the concept. Throughout this process the universal maintains its identity, since it is itself the presupposition of its own production. This organism is the constitution of the state.

The constitution of the state is the organism of the state, or the organism of the state is the constitution of the state. To say that the different parts of an organism stand in a necessary relation which arises out of the nature of the organism is pure tautology. To say that when the political constitution is determined as an organism the different parts of the constitution, the different powers, are related as organic determinations and have a rational relationship to one another is likewise tautology. It is a great advance to consider the political state as an organism, and hence no longer to consider the diversity of powers as [in]organic, but rather as living and rational differences. But how does Hegel present this discovery?

1. ‘This organism is the development of the Idea to its differences and their objective actuality.’ It is not said that this organism of the state is its development to differences and their objective actuality. The proper conception is that the development of the state or of the political constitution to differences and their actuality is an organic development. The actual differences, or the different parts of the political constitution are the presupposition, the subject. The predicate is their determination as organic. Instead of that, the Idea is made subject, and the differences and their actuality are conceived to be its development and its result, while on the other hand the Idea must be developed out of the actual difference. What is organic is precisely the idea of the differences, their ideal determination.

2. But here the Idea is spoken of as a subject which is developed to its differences. From this reversal of subject and predicate comes the appearance that an idea other than the organism is under discussion. The point of departure is the abstract Idea whose development in the state is the political constitution. Thus it is a question not of the political idea, but rather of the abstract Idea in the political element. When Hegel says, ‘this organism (namely, the state, or the constitution of the state) is the development of the Idea to its differences, etc.’, he tells us absolutely nothing about the specific idea of the political constitution. The same thing can be said with equal truth about the animal organism as about the political organism. By what means then is the animal organism distinguished from the political? No difference results from this general determination; and an explanation which does not give the differentia specifica is no explanation. The sole interest here is that of recovering the Idea simply, the logical Idea in each element, be it that of the state or of nature; and the real subjects, as in this case the political constitution, become their mere names. Consequently, there is only the appearance of a real understanding, while in fact these determinate things are and remain uncomprehended because they are not understood in their specific essence.

‘Hence these different members are the various powers of the state with their functions and spheres of action.’ By reason of this small word ‘hence’ [‘so’] this statement assumes the appearance of a consequence, a deduction and development. Rather, one must ask ‘How is it’ [‘Wie so?’] that when the empirical fact is that the various members of the organism of the state are the various powers (and) their functions and spheres of action, the philosophical predicate is that they are members of an organism [?] Here we draw attention to a stylistic peculiarity of Hegel, one which recurs often and is a product of mysticism. The entire paragraph reads:

The patriotic sentiment acquires its specifically determined content from the various members of the organism of the state. This organism is the development of the Idea to its differences and their objective actuality. Hence these different members are the various powers of the state with their functions and spheres of action, by means of which the universal continually engenders itself, and engenders itself in a necessary way because their specific character is fixed by the nature of the concept. Throughout this process the universal maintains its identity, since it is itself the presupposition of its own production. This organism is the constitution of the state.

1. The patriotic sentiment acquires its specifically determined content from the various members of the organism of the state ... These different members are the various powers of the state with their functions and spheres of action.
2. The patriotic sentiment acquires its specifically determined content from the various members of the organism of the state. This organism is the development of the Idea to its differences and their objective actuality ... by means of which the universal continually engenders itself, and engenders itself in a necessary way because their specific character is fixed by the nature of the concept. Throughout this process the universal maintains its identity, since it is itself the presupposition of its own production. This organism is the constitution of the state.

As can be seen, Hegel links the two subjects, namely, the ‘various members of the organism’ and the ‘organism’, to further determinations. In the third sentence the various members are defined as the various powers. By inserting the word ‘hence’ it is made to appear as if these various powers were deduced from the interposed statement concerning the organism as the development of the Idea.

He then goes on to discuss the various powers. The statement that the universal continually engenders itself while maintaining its identity throughout the process, is nothing new, having been implied in the definition of the various powers as members of the organism, as organic members; or rather, this definition of the various powers is nothing but a paraphrase of the statement about the organism being ‘the development of the Idea to its differences, etc.’

These two sentences are identical:

1. This organism is ‘the development of the idea to its differences and their objective actuality’ or to differences by means of which the universal (the universal here is the same as the idea) continually engenders itself, and engenders itself in a necessary way because their specific character is fixed by the nature of the concept; and

2. ‘Throughout this process the universal maintains its identity, since it is itself the presupposition of its own production.’ The second is merely a more concise explication of ‘the development of the Idea to its differences’. Thereby, Hegel has advanced not a single step beyond the universal concept of the Idea or at most of the organism in general (for strictly speaking it is a question only of this specific idea). Why then is he entitled to conclude that ‘this organism is the constitution of the state’? Why not ‘this organism is the solar system’? The reason is that he later defined the various members of the state as the various powers. Now the statement that ‘the various members of the state are the various powers’ is an empirical truth and cannot be presented as a philosophical discovery, nor has it in any way emerged as a result of an earlier development. But by defining the organism as the development of the idea, by speaking of the differences of the Idea, then by interpolating the concrete data of the various powers the development assumes the appearance of having arrived at a determinate content. Following the statement that the patriotic sentiment acquires its specifically determined content from the various members of the organism of the state’ Hegel was not justified in continuing with the expression, ‘This organism. . .,’ but rather with ‘the organism is the development of the idea, etc.’ At least what he says applies to every organism, and there is no predicate which justifies the subject, ‘this organism’. What Hegel really wants to achieve is the determination of the organism as the constitution of the state. But there is no bridge by which one can pass from the universal idea of the organism to the particular idea of the organism of the state or the constitution of the state, nor will there ever be. The opening statement speaks of the various members of the organism of the state which are later defined as the various powers. Thus the only thing said is that the various powers of the organism of the state, or the state organism of the various powers, is the political constitution of the state. Accordingly, the bridge to the political constitution does not go from the organism of the Idea and its differences, etc., but from the presupposed concept of the various powers or the organism of the state.

In truth, Hegel has done nothing but resolve the constitution of the state into the universal, abstract idea of the organism; but in appearance and in his own opinion he has developed the determinate reality out of the universal Idea. He has made the subject of the idea into a product and predicate of the Idea. He does not develop his thought out of what is objective [aus dem Gegenstand], but what is objective in accordance with a ready-made thought which has its origin in the abstract sphere of logic. It is not a question of developing the determinate idea of the political constitution, but of giving the political constitution a relation to the abstract Idea, of classifying it as a member of its (the idea’s) life history. This is an obvious mystification.

Another determination is that the specific character of the various powers is fixed by the nature of the concept, and for that reason the universal engenders them in a necessary way. Therefore the various powers do not have their specific character by reason of their own nature, but by reason of an alien one. And just as the necessity is not derived from their own nature still less is it critically demonstrated. On the contrary, their realisation is predestined by the nature of the concept, sealed in the holy register of the Santa Casa (the Logic). The soul of objects, in this case that of the state, is complete and predestined before its body, which ‘ is, properly speaking, mere appearance. The ‘concept’ is the Son within the ‘Idea’, within God the Father, the agens, the determining, differentiating principle. Here ‘Idea’ and ‘Concept’ are abstractions rendered independent.

§ 270. (1) The abstract actuality or the substantiality of the state consists iii the fact that its end is the universal interest as such and the conservation therein of particular interests since the universal interest is the substance of these. (2) But this substantiality of the state is also its necessity, since its substantiality is divided into the distinct spheres of its activity which correspond to the moments of its concept, and these spheres, owing to this substantiality, are thus actually fixed determinate characteristics of the state, i.e., its powers. (3) But this very substantiality of the state is mind knowing and willing itself after passing through the forming process of education. The state, therefore, knows what it wills and knows it in its universality, i.e., as something thought. Hence it works and acts by reference to consciously adopted ends, known principles, and laws which are not merely implicit but are actually present to consciousness; and further, it acts with precise knowledge of existing conditions and circumstances, inasmuch as its actions have a bearing on these.

(We will look at the Remark to this paragraph, which treats the relationship of state and church, later.)

The employment of these logical categories deserves altogether special attention.

(1) The abstract actuality or the substantiality of the state consists in the fact that its end is the universal interest as such and the conservation therein of particular interests since the universal interest is the substance of these.

That the universal interest as such and as the subsistence of particular interests is the end of the state is precisely the abstractly defined actuality and subsistence of the state. The state is not actual without this end. This is the essential object of its will, but at the same time it is merely a very general definition of this object. This end qua Being is the principle of subsistence for the state.

(2) But this (abstract actuality or) substantiality of the state is its necessity, since its substantiality is divided into the distinct spheres of its activity which correspond to the moments of its concept, and these spheres, owing to their substantiality, are thus actually fixed’ determinate characteristics of the state, i.e., its powers.

This abstract actuality or substantiality is its (the state’s) necessity, since its actuality is divided into distinct spheres of activity, spheres whose distinction is rationally determined and which are, for that reason, fixed determinate characteristics. The abstract actuality of the state, its substantiality, is necessity inasmuch as the genuine end of the state and the genuine subsistence of the whole is realised only in the subsistence of the distinct spheres of the state’s activity.

Obviously the first definition of the state’s actuality was abstract; it cannot be regarded as a simple actuality; it must be regarded as activity, and as a differentiated activity.

The abstract actuality or the substantiality of the state ... is... its necessity, since its substantiality is divided into the distinct spheres of its activity which correspond to the moments of its concept, and these spheres, owing to this substantiality, are thus actually fixed determinate characteristics of the state, i.e., its powers.

The condition of substantiality is the condition of necessity; i.e., the substance appears to be divided into independent but essentially determined actualities or activities. These abstractions can be applied to any actual thing. In so far as the state is first considered according to the model of the abstract it will subsequently have to be considered according to the model of concrete actuality, necessity, and realised difference.

(3) But this very substantiality of the state is mind knowing and willing itself after passing through the forming process of education. The state, therefore, knows what it wills and knows it in its universality, i.e., as something thought. Hence it works and acts by reference to consciously adopted ends, known principles, and laws which are not merely implicit but are actually present to consciousness; and further, it acts with Precise knowledge of existing conditions and circumstances, inasmuch as its actions have a bearing on these.

Now let’s translate this entire paragraph into common language as follows:

1. The self-knowing and self-willing mind is the substance of the state; (the educated self-assured mind is the subject and the foundation, the autonomy of the state).

2. The universal interest, and within it the conservation of the particular interests, is the universal end and content of this mind, the existing substance of the state, the nature qua state of the self-knowing and willing mind.

3. The self-knowing and willing mind, the self-assured, educated mind attains the actualisation of this abstract content only as a differentiated activity, as the existence of various powers, as an organically structured power.

Certain things should be noted concerning Hegel’s presentation.

1. Abstract actuality, necessity (or substantial difference), substantiality, thus the categories of abstract logic, are made subjects. Indeed, abstract actuality and necessity are called ‘its’, the state’s, actuality and necessity; however (1) ‘it’ - i.e., abstract actuality or substantiality - is the state’s necessity; (2) abstract actuality or substantiality is what is divided into the distinct spheres of its activity which correspond to the moments of its concept. The moments of its concept are, ‘owing to this substantiality ... thus actually fixed determinations, powers. (3) Substantiality is no longer taken to be an abstract characteristic of the state, as its substantiality; rather, as such it is made subject, and then in conclusion it is said, ‘but this very substantiality of the state is mind knowing and willing itself after passing through the forming process of education’.

2. Also it is not said in conclusion that the educated, etc., mind is substantiality, but on the contrary that substantiality is the educated, etc., mind. Thus mind becomes the predicate of its predicate.

3. Substantiality, after having been defined (1) as the universal end of the state, then (2) as the various powers, is defined (3) as the educated, self-knowing and willing, actual mind. The real point of departure, the self-knowing and willing mind, without which the end of the state and the powers of the state would be illusions devoid of principle or support, inessential and even impossible existents, appears to be only the final predicate of substantiality, which had itself previously been defined as the universal end and as the various powers of the state. Had the actual mind been taken as the starting point, with the universal end its content, then the various powers would be its modes of self-actualisation, its real or material existence, whose determinate character would have had to develop out of the nature of its end. But because the point of departure is the Idea, or Substance as subject and real being, the actual subject appears to be only the final predicate of the abstract predicate.
The end of the state and the powers of the state are mystified in that they take the appearance of modes of existence of the substance, drawn out of and divorced from their real existence, the self-knowing and willing mind, the educated mind.

4. The concrete content, the actual determination appears to be formal, and the wholly abstract formal determination appears to be the concrete content. What is essential to determinate political realities is not that they can be considered as such but rather that they can be considered, in their most abstract configuration, as logical-metaphysical determinations. Hegel’s true interest is not the philosophy of right but logic. The philosophical task is not the embodiment of thought in determinate political realities, but the evaporation of these realities in abstract thought. The philosophical moment is not the logic of fact but the fact of logic. Logic is not used to prove the nature of the state, but the state is used to prove the logic.

There are three concrete determinations:

1. the universal interest and the conservation therein of the particular interests as the end of the state;

2. the various powers as the actualisation of this end of the state;

3. the educated, self-assured, willing and acting mind as the subject of this end and its actualisation.

These concrete determinations are considered to be extrinsic, to be hors d’oeuvres. Their importance to philosophy is that in them the state takes on the following logical significance:

1. abstract actuality or substantiality;

2. the condition of substantiality passes over into the condition of necessity or substantial actuality;

3. substantial actuality is in fact concept, or subjectivity.

With the exclusion of these concrete determinations, which can just as well be exchanged for those of another sphere such as physics which has other concrete determinations, and which are accordingly unessential, we have before us a chapter of the Logic.

The substance must be ‘divided into the distinct spheres of its activity which correspond to the moments of its concept, and these spheres, owing to this substantiality, are thus actually fixed determinate characteristics of the state’. The gist of this sentence belongs to logic and is ready-made prior to the philosophy of right. That these moments of the concept are, in the present instance, distinct spheres of its (the state’s) activity and the fixed determinate characteristics of the state, or powers of the state, is a parenthesis belonging to the philosophy of right, to the order of political fact. In this way the entire philosophy of right is only a parenthesis to logic. It goes without saying that the parenthesis is only an hors d’oeuvre of the real development. Cf. for example the Addition to § 270.:

Necessity consists in this, that the whole is sundered into the differences of the concept and that this divided whole yields a fixed and permanent determinacy, though one which is not fossilised but perpetually recreates itself in its dissolution. Cf also the Logic.

§ 271. The constitution of the state is, in the first place, the organisation of the state and the self-related process of its organic life, a process whereby it differentiates its moments within itself and develops them to self-subsistence.

Secondly, the state is an individual, unique and exclusive, and therefore related to others. Thus it turns its differentiating activity outward and accordingly establishes within itself the ideality of its subsisting inward differentiations.

Addition: The inner side of the state as such is the civil power while its outward tendency is the military power, although this has a fixed place inside the state itself