Коллектив авторов - The German Classics of the Nineteenth and Twentieth Centuries, Volume 07

In the present day, the constitution of a country and people is not represented as so entirely dependent on free and deliberate choice. The fundamental, but abstractly and therefore imperfectly, entertained conception of freedom, has resulted in the republic being very generally regarded—in theory—as the only just and true political constitution. Even many who occupy elevated official positions under monarchical constitutions, so far from being opposed to this idea are actually its supporters; only they see that such a constitution, though the best, cannot be realized under all circumstances, and that, while men are what they are, we must be satisfied with less freedom, the monarchical constitution, under the given circumstances and the present moral condition of the people, being even regarded as the most advantageous. In this view also the necessity of a particular constitution is made to depend on the condition of the people as though the latter were non-essential and accidental. This representation is founded on the distinction which the reflective understanding makes between an idea and the corresponding reality. This reflection holding to an abstract and consequently untrue idea, not grasping it in its completeness, or—which is virtually, though not in point of form, the same—not taking a concrete view of a people and a State. We shall have to show, further, on, that the constitution adopted by a people makes one substance, one spirit, with its religion, its art, and its philosophy, or, at least, with its conceptions, thoughts and culture generally—not to expatiate upon the additional influences ab extra , of climate, of neighbors, of its place in the world. A State is an individual totality, of which you cannot select any particular side, although a supremely important one, such as its political constitution, and deliberate and decide respecting it in that isolated form. Not only is that constitution most intimately connected with and dependent on those other spiritual forces, but the form of the entire moral and intellectual individuality, comprising all the forces it embodies, is only a step in the development of the grand whole, with its place pre-appointed in the process—a fact which gives the highest sanction to the constitution in question and establishes its absolute necessity. The origin of a State involves imperious lordship on the one hand, instinctive submission on the other. But even obedience—lordly power, and the fear inspired by a ruler—in itself implies some degree of voluntary connection. Even in barbarous states this is the case; it is not the isolated will of individuals that prevails; individual pretensions are relinquished, and the general will is the essential bond of political union. This unity of the general and the particular is the Idea itself, manifesting itself as a State, and which subsequently undergoes further development within itself. The abstract yet necessitated process in the development of truly independent states is as follows: They begin with regal power, whether of patriarchal or military origin; in the next phase, particularity and individuality assert themselves in the form of aristocracy and democracy; lastly, we have the subjection of these separate interests to a single power, but one which can be absolutely none other than one outside of which those spheres have an independent position, viz., the monarchical. Two phases of royalty, therefore, must be distinguished—a primary and a secondary. This process is necessitated to the end that the form of government assigned to a particular stage of development must present itself; it is therefore no matter of choice, but is the form adapted to the spirit of the people.

In the constitution the main feature of interest is the self-development of the rational, that is, the political condition of a people, the setting free of the successive elements of the Idea, so that the several powers in the State manifest themselves as separate, attain their appropriate and special perfection, and yet, in this independent condition, work together for one object and are held together by it—i. e., form an organic whole. The State is thus the embodiment of rational freedom, realizing and recognizing itself in an objective form. For its objectivity consists in this—that its successive stages are not merely ideal, but are present in an appropriate reality, and that in their separate and several workings they are absolutely merged in that agency by which the totality, the soul, the individuate unity, is produced, and of which it is the result.

The State is the Idea of Spirit in the external manifestation of human will and its freedom. It is to the State, therefore, that change in the aspect of history indissolubly attaches itself; and the successive phases of the idea manifest themselves in it as distinct political principles. The constitutions under which world-historical peoples have reached their culmination, are peculiar to them, and therefore do not present a generally applicable political basis. Were it otherwise the differences of similar constitutions would consist only in a peculiar method of expanding and developing that generic basis, whereas they really originate in diversity of principle. From the comparison therefore of the political institutions of the ancient world-historical peoples, it so happens that, for the most recent principle of a constitution for the principle of our own times, nothing, so to speak, can be learned. In science and art it is quite otherwise—that is, the ancient philosophy is so decidedly the basis of the modern that it is inevitably contained in the latter and constitutes its basis. In this case the relation is that of a continuous development of the same structure, whose foundation-stone, walls, and roof have remained what they were. In art, the Greek itself, in its original form, furnishes us the best models, but in regard to political constitution it is quite otherwise; here the ancient and the modern have not their essential principle in common. Abstract definitions and dogmas respecting just government—importing that intelligence and virtue ought to bear sway—are, indeed, common to both, but nothing is so absurd as to look to Greeks, Romans, or Orientals, for models for the political arrangements of our time. From the East may be derived beautiful pictures of a patriarchal condition, of paternal government, and of devotion to it on the part of peoples; from Greeks and Romans, descriptions of popular liberty. Among the latter we find the idea of a free constitution admitting all the citizens to a share in deliberations and resolves respecting the affairs and laws of the commonwealth. In our times, too, this is its general acceptation; only with this modification, that—since our States are so large, and there are so many of "the many," the latter (direct action being impossible) should by the indirect method of elective substitution express their concurrence with resolves affecting the common weal—that is, that for legislative purposes generally the people should be represented by deputies. The so-called representative constitution is that form of government with which we connect the idea of a free constitution; and this notion has become a rooted prejudice. On this theory people and government are separated. But there is a perversity in this antithesis, an ill-intentioned ruse designed to insinuate that the people are the totality of the State. Besides, the basis of this view is the principle of isolated individuality—the absolute validity of the subjective will—a dogma which we have already investigated. The great point is that freedom, in its ideal conception, has not subjective will and caprice for its principle, but the recognition of the universal will, and that the process by which freedom is realized is the free development of its successive stages. The subjective will is a merely formal determination—a carte blanche —not including what it is that is willed. Only the rational will is that universal principle which independently determines and unfolds its own being and develops its successive elemental phases as organic members. Of this Gothic-cathedral architecture the ancients knew nothing.