e free in recognizing it as law and following it as the substance
of our own being. The objective and the subjective will are then
reconciled and present one identical homogeneous whole. For the
morality (_Sittlichkeit_) of the State is not of that ethical
(_moralische_) reflective kind, in which one's own conviction bears
sway; the latter is rather the peculiarity of the modern time, while the
true antique morality is based on the principle of abiding by one's duty
(to the State at large). An Athenian citizen did what was required of
him, as it were from instinct; but if I reflect on the object of my
activity I must have the consciousness that my will has been called into
exercise. But morality is duty--substantial right, a "second nature," as
it has been justly called; for the first nature of man is his primary,
merely animal, existence.
The development _in extenso_ of the idea of the State belongs to the
philosophy of jurisprudence; but it must be observed that in the
theories of our time various errors are current respecting it, which
pass for established truths and have become fixed prejudices. We will
mention only a few of them, giving prominence to such as have a
reference to the object of our history.
The error which first meets us is the direct opposite of our principle
that the State presents the realization of freedom--the opinion--that
man is free by nature, but that in society, in the State, to which
nevertheless he is irresistibly impelled, he must limit this natural
freedom. That man is free by nature is quite correct in one sense,
namely, that he is so according to the idea of humanity; but we imply
thereby that he is such only in virtue of his destiny--that he has an
undeveloped power to become such; for the "nature" of an object is
exactly synonymous with its "idea." But the view in question imports
more than this. When man is spoken of as "free by nature," the mode of
his existence as well as his destiny is implied; his merely natural and
primary condition is intended. In this sense a "state of nature" is
assumed in which mankind at large is in the possession of its natural
rights with the unconstrained exercise and enjoyment of its freedom.
This assumption is not raised to the dignity of the historical fact; it
would indeed be difficult, were the attempt seriously made, to point
out any such condition as actually existing or as having ever occurred.
Examples of a savage state of life can be pointe
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