Is
Hegel referring to the State as pertaining to family and family love, or is he
making a universal connotation? Hegel believes that by nature men are unequal.
Then, how does it provide for the equality of its citizens? If constitutions
are not written or created, then what is the supreme law in a constitutional
country? For instance, in the United States we follow the written document
known as the constitution.
In couple of your
premises you alluded to the family as being the main focus or point in the idea
of The State. When Hegel refers to the unification of the family through the
feeling of love, he is using the family as an example. I am not refuting that
it is not applicable to the concept of family, it is applicable indeed.
However, he encompasses the nation as a whole. In addition, the will or
volition of the citizens of a state will be within the confines of what is
acceptable to the Establishment (535).
Hegel claims that within the government or constitution there
would not be equality. The reason being
is because within the states arises inequalities among governing powers. For
instance, the difference between the governing powers and the governed is a
clear example of this. Hegel further explains
that citizens are legally equal, but the term equality, as true as it may seem,
is mere tautology. Only those who share certain traits, behavior or
characteristics will actually be equal before the law (286).
If constitutions are not written or created you are implying
that Hegel denies their existence. Constitutions indeed exist to protect the
reasonable will of the individual and The State. Constitutions are created
because we as a collective spirit demand it. The necessity of feeling secure
and protected is what is going to drive us to limit our volitions and establish
the body of laws called constitution.
According to Hegel, it is in the inherit spirit of the nation, as well
as in its history that constitutions have being created and are created.
Therefore, constitutions in order to be created need to be written so in the
case there is any confusion or thoughts of violation of the universal rights,
we can go back to revise it and make a
clear judgment. In summary, Hegel claims that constitutions are written and
created by the collective spirit of a nation (288-289).
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.