Departmental Bulletin Paper 「愛国心」の源泉と「君主」の威厳 : ヘーゲル『法の哲学』における「国家」論によせて
The Source of Patriotism and the Majesty of a Monarch in Hegel's Theory of the State in Philosophy of Right

大橋, 基

72pp.31 - 45 , 2016-03-30 , 法政大学文学部
"The development of the state to constitutional monarchy is the achievement of the modern world." For Hegel, the rational state is becoming as the unity of political organization and civil society. However his account of the state in Philosophy of Right centers on its institutional structure based on the separation of powers that contains the supposed traditional power of monarch, so that many commentators have criticized Hegel's theory of the state as a renewal of feudalism or an absolutist idea. This essay tries to argue against such critics from three points of view as follows: 1. An essential condition of the state to be a rational one is that its political activities are worthy of being given "patriotism" by citizens (Burger). "Patriotism" in the book above has its source in the self-education (Bildung) for citizens in civil society that they do not have the ability to realize the happiness of everyone, thus they need to have the chance of self-negation to return into the state as the ethical totality. Therefore, "patriotism" is not the docile allegiance to the king or the ruler, rather "the trust and the feeling of obedience" that it makes citizens to be the people (Volk) to obey the national orders for the purpose of "the universal happiness of the state". 2. Hegel's unique attempt to formulate the institutional structure of the state according to "the nature of the concept of the state" diverges from any orthodox discussion of the separation of powers and demonstrates the state as being worthy of the patriotism, be cause its structure prevents any public status from making the political power private possession. 3. While keeping the old-fashioned form of the monarchy, Hegel's theory of the constitution (Verfassung) divests the monarch himself of any real power by making his attitude into the symbol of self-determination. Through such formulation, the majesty of the monarch in the modern state does not ground on the succession of the lineage of royal families, nor the religious legitimacy, rather on that it is a reflected image of the self-sacrifice of the people bringing national unification. For these reasons, we must distinguish Hegel's proposal of the constitutional monarchy from restoration and absolutism.

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