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poverty; &c。 This ingenious idea of ignoring the absolute infinity and rationality in the state and
excluding thought from apprehension of its inward nature has assuredly never been put forward in
such an unadulterated form as in Herr von Haller's Restauration der Staatswissenschaft。 I say
'unadulterated'; because in all other attempts to grasp the essence of the state; no matter on what
one…sided or superficial principles; this very intention of comprehending the state rationally has
brought with it thoughts; i。e。 universal determinations。 Herr von Haller; however; with his eyes
open; has not merely renounced the rational material of which the state consists; as well as the
form of thought; but he has even gone on with passionate fervour to inveigh against the form and
the material so set aside。 Part of what Herr von Haller assures us is the 'widespread' effect of his
principles。 This Restauration undoubtedly owes to the fact that; in his exposition; he has
deliberately dispensed with thought altogether; and has deliberately kept his whole book all of a
piece with its lack of thought。 For in this way he has eliminated the confusion and disorder which
lessen the force of an exposition where the accidental is treated along with hints of the substantial;
where the purely empirical and external are mixed with a reminiscence of the universal and
rational; and where in the midst of wretched inanities the reader is now and again reminded of the
loftier sphere of the infinite。 For the same reason again his exposition is consistent。 He takes as the
essence of the state; not what is substantive but the sphere of accident; and consistency in dealing
with a sphere of that kind amounts to the complete inconsistency of utter thoughtlessness which
jogs along without looking behind; and is just as much at home now with the exact opposite of
what it approved a moment ago。
Addition: The state in and by itself is the ethical whole; the actualisation of freedom; and it is an
absolute end of reason that freedom should be actual。 The state is mind on earth and consciously
realising itself there。 In nature; on the other hand; mind actualises itself only as its own other; as
mind asleep。 Only when it is present in consciousness; when it knows itself as a really existent
object; is it the state。 In considering freedom; the starting…point must be not individuality; the single
self…consciousness; but only the essence of self…consciousness; for whether man knows it or not;
this essence is externally realised as a self…subsistent power in which single individuals are only
moments。 The march of God in the world; that is what the state is。 The basis of the state is the
power of reason actualising itself as will。 In considering the Idea of the state; we must not have our
eyes on particular states or on particular institutions。 Instead we must consider the Idea; this actual
God; by itself。 On some principle or other; any state may be shown to be bad; this or that defect
may be found in it; and yet; at any rate if one of the mature states of our epoch is in question; it has
in it the moments essential to the existence of the state。 But since it is easier to find defects than to
understand the affirmative; we may readily fall into the mistake of looking at isolated aspects of the
state and so forgetting its inward organic life。 The state is no ideal work of art; it stands on earth
and so in the sphere of caprice; chance; and error; and bad behaviour may disfigure it in many
respects。 But the ugliest of men; or a criminal; or an invalid; or a cripple; is still always a living man。
The affirmative; life; subsists despite his defects; and it is this affirmative factor which is our theme
here。
Footnote: I have described the book sufficiently to show that it is of an original kind。 There might be
something noble in the author's indignation by itself; since it was kindled by the false theories; mentioned
above; emanating principally from Rousseau; and especially by the attempt to realise them in practice。 But to
save himself from these theories; Herr von Haller has gone to the other extreme by dispensing with thought
altogether and consequently it cannot be said that there is anything of intrinsic value in his virulent hatred of
all laws and legislation; of all expressly and legally determinate rights。 The hatred of law; of right made
determinate in law; is the shibboleth whereby fanaticism; flabby…mindedness; and the hypocrisy of good
intentions are clearly and infallibly recognised for what they are; disguise themselves as they may。
Originality like Herr von Haller's is always a curious phenomenon; and for those of my readers who are not yet
acquainted with his book I will quote a few specimen passages。 This is how he lays down his most important
basic proposition: 'Just as; in the inorganic world; the greater dislodges the less and the mighty the weak 。。。。 so
in the animal kingdom; and then amongst human beings; the same law appears in nobler' (often; too; surely in
ignobler?) 'forms'; and 'this; therefore; is the eternal; unalterable; ordinance of God; that the mightier rules; must
rule; and will always rule'。 It is clear enough from this; let alone from what follows; in what sense 'might' is taken
here。 It is not the might of justice and ethics; but only the irrational power of brute force。 Herr von Haller then
goes on to support this doctrine on various grounds; amongst them that 'nature with amazing wisdom has so
ordered it that the mere sense of personal superiority irresistibly ennobles the character and encourages the
development of just those virtues which are most necessary for dealing with subordinates'。 He asks with a
great elaboration of undergraduate rhetoric 'ibid。' 'whether it is the strong or the weak in the kingdom of
science who more misuse their trust and their authority in order to achieve their petty selfish ends and the ruin
of the credulous; whether to be a past master in legal learning is not to be a pettifogger; a leguleius; one who
cheats the hopes of unsuspecting clients; who makes white black and black white; who misapplies the law and
makes it a vehicle for wrongdoing; who brings to beggary those who need his assistance and tends them as
the hungry vulture tends the innocent lamb'; &c。; &c。 Herr von Haller forgets here that the point of this rhetoric
is to support his proposition that the rule of the mightier is an everlasting ordnance of God; so presumably it is
by the same ordinance that the vulture rends the innocent lamb; and that hence the mighty are quite right to
treat their unsuspecting clients as the weak and to make use of knowledge of the law to empty their pockets。 It
would be too much; however; to ask that two thoughts should be put together where there is really not a single
one。
It goes without saying that Herr von Haller is an enemy of codes of law。 In his view; the laws of the land; are
on the one hand; in principle 'unnecessary; because they spring self…explanatory from the laws of nature'。 If
men had remained satisfied with 'self…explanatory' as the basis of their thinking; then they would have been
spared the endless labour devoted; sinc