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philosophy of right-第66章

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The principle of family life is dependence on the soil; on land; terra firma。
Similarly; the natural element for industry; animating its outward movement; is
the sea。 Since the passion for gain involves risk; industry though bent on gain yet
lifts itself above it; instead of remaining rooted to the soil and the limited circle of
civil life with its pleasures and desires; it embraces the element of flux; danger;
and destruction。 Further; the sea is the greatest means of communication; and
trade by sea creates commercial connections between distant countries and so
relations involving contractual rights。 At the same time; commerce of this kind is
the most potent instrument of culture; and through it trade acquires its
significance in the history of the world。 

Rivers are not natural boundaries of separation; which is what they 。have been
accounted to be in modem times。 On the contrary; it is truer to say that they; and
the sea likewise; link men together。 Horace is wrong when he says: 

     deus abscidit
     prudens Oceano dissociabili
     tetras。 

Remark: The proof of this lies not merely in the fact that the basins of rivers are Inhabited by a
single clan or tribe; but also; for example; in the ancient bonds between Greece; Ionia; and Magna
Graecia; between Brittany and Britain; between Denmark and Norway; Sweden; Finland; Livonia;
&c。; bonds; further; which are especially striking in contrast with the comparatively slight
intercourse between the inhabitants of the littoral and those of the hinterland。 To realise what an
instrument of culture lies in the link with the sea; consider countries where industry flourishes and
contrast their relation to the sea with that of countries which have eschewed sea…faring and which;
like Egypt and India; have become stagnant and in the most frightful and scandalous superstition。
Notice also how ;all great progressive peoples press onward to the sea。 

                                 § 248。

This far…flung connecting link affords the means for the colonising activity —
sporadic or systematic — to which mature civil society is driven and by which it
supplies to a part of its population a return to life on the family basis in a new
land and so also supplies itself with a new demand and field for its industry 

Addition: Civil society is thus driven to found colonies。 Increase of population alone has this
effect; but it is due in particular to the appearance of a number of people who cannot secure the
satisfaction of their needs by their own labour once production rises above the requirements of
consumers。 Sporadic colonisation is particularly characteristic of Germany。 The emigrants
withdraw to America or Russia and remain there with no home ties; and so prove useless to their
native land。 The second and entirely different type of colonisation is the systematic; the state
undertakes it; is aware of the proper method of carrying it out and regulates it accordingly。 This
type was common amongst the ancients; particularly the Greeks。 Hard work was not the business
of the citizens in Greece; since their energy was directed rather to public affairs。 So if the
population increased to such an extent that there might be difficulty in feeding it; the young people
would be sent away to a new district; sometimes specifically chosen; sometimes left to chance
discovery。 In modern times; colonists have not been allowed the same rights as those left at home;
and the result of this situation has been wars and finally independence; as may be seen in the
history of the English and Spanish colonies。 Colonial independence proves to be of the greatest
advantage to the mother country; just as the emancipation of slaves turns out to the greatest
advantage of the owners。 

                                 § 249。

While the public authority must also undertake the higher directive function of
providing for the interests which lead beyond the borders of its society (see §
246); its primary purpose is to actualise and maintain the universal contained
within the particularity of civil society; and its control takes the form of an
external system and organisation for the protection and security of particular ends
and interests en masse; inasmuch as these interests subsist only in this universal。
This universal is immanent in the interests of particularity itself and; in
accordance with the Idea; particularity makes it the end and object of its own
willing and activity。 In this way ethical principles circle back and appear in civil
society as a factor immanent in it; this constitutes the specific character of the
Corporation。 

                          (b) The Corporation
                                 § 250。

In virtue of the substantiality of its natural and family life; the agricultural class
has directly within itself the concrete universal in which it lives。 The class of civil
servants is universal in character and so has the universal explicitly as its ground
and as the aim of its activity。 The class between them; the business class; is
essentially concentrated on the particular; and hence it is to it that Corporations
are specially appropriate。 

                                 § 251。

The labour organisation of civil society is split; in accordance with the nature of
its particulars; into different branches。 The implicit likeness of such particulars to
one another becomes really existent in an association; as something common to its
members。 Hence a selfish purpose; directed towards its particular self…interest;
apprehends and evinces itself at the same time as universal; and a member of civil
society is in virtue of his own particular skill a member of a Corporation; whose
universal purpose is thus wholly concrete and no wider in scope than the purpose
involved in business; its proper task and interest。 

                                 § 252。

In accordance with this definition of its functions; a Corporation has the right;
under the surveillance of the public authority; (a) to look after its own interests
within its own sphere; (b) to co…opt members; qualified objectively by the
requisite skill and rectitude; to a number fixed by the general structure of society;
(c) to protect its members against particular contingencies; (d) to provide the
education requisite to fit others to become members。 In short; its right is to come
on the scene like a second family for its members; while civil society can only be
an indeterminate sort of family because it comprises everyone and so is farther
removed from individuals and their special exigencies。 

Remark: The Corporation member is to be distinguished from a day labourer or from a man
who is prepared to undertake casual employment on a single occasion。 The former who is; or will
become; master of his craft; is a member of the association not for casual gain on single occasions
but for the whole range; the universality; of his personal livelihood。 

Privileges; in the sense of the rights of a branch of civil society organised into a Corporation; are
distinct in meaning from privileges…proper; in the etymological sense。 The latter are casual
exception
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