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； since ever there were states； to legislation and legal codes； and which is
still devoted thereto and to the study of positive law。 'On the other hand； laws are not exactly promulgated for
private individuals； but as instructions to puisne judges； acquainting them with the will of the high court'。
Apart from that； the provision of law…courts is and all over the place） not a state duty； but a favour； help
rendered by the authorities； and 'quite supererogatory'； it is not the most perfect method of guaranteeing men's
rights； on the contrary； it is an insecure and uncertain method； 'the only one left to us by our modern lawyers。
They have reft us of the other three methods； of just those which lead most swiftly and surely to the goal；
those which； unlike law…courts；； friendly nature has given to man for the safeguarding of his rightful freedom'。
And these three methods are … what do you suppose？ … （1） Personal acceptance and inculcation of the law of
nature； （2） Resistance to wrong； （3） Flight； when there is no other remedy'。 Lawyers are unfriendly indeed； it
appears； in comparison with the friendliness of nature！ 'But the natural； divine； law； given to everyone by
nature the all…bountiful； is： Honour everyone as thine equal' （on the author's principles this should read
'Honour not the man who is thine equal； but the one who is mightier'）； 'hurt no man who hurts thee not；
demand from him nothing but what he owes' （but what does he owe？）； 'nay more； love thy neighbour and serve
him when thou canst'。 The 'implanting of this law' is to make a legislator and a constitution superfluous。 It
would be curious to see how Herr von Haller makes it intelligible why legislators and constitutions have
appeared in the world despite this 'implanting'。
In vol。 iii； the author comes to the 'so…called national liberties'； by which he means the laws and constitutions of
nation states。 Every legally constituted right is in this wide sense of the word a 'liberty'。 Of these laws he says；
inter alia； that 'their content is usually very insignificant； although in books a high value may be placed on
documentary liberties of that kind'。 When we then realise that the author is speaking here of the national
liberties of the German Estates； of the English people （e。g。 Magna Carta which is little read； and on account of
its archaic phraseology still less understood'； the Bill of Rights； and so forth）； of the people of Hungary； &c。；
we are surprised to find that these Possessions； formerly so highly prized； are only insignificant； and no less
Surprised to learn that it is only in books that these nations place a value on laws whose co…operation has
entered into every coat that is worn Ind every crust that is eaten； and still enters into every day and hour of the
lives of everyone。
To carry quotation further； Herr von Haller speaks particularly； ill of the Prussian General Legal Code； because
of the 'incredible' influence on it of the errors of false philosophy （though in this instance at any rate the fault
cannot be ascribed to Kant's philosophy； a topic on which Herr von Haller is at his angriest）； especially where
it speaks of the state； the resources of the state； the end of the state； the head of the state； his duties； and
those of civil servants； and so forth。 Herr von Haller finds particularly mischievous 'the right of defraying the
expenses of the state by levying taxes on the private wealth of individuals； on their businesses； on goods
produced or consumed。 Under those circumstances； neither the king himself （since the resources of the state
belong to the state and are not the private property of the king）； nor the Prussian citizens can call anything
their own； neither their person nor their property； and all subjects are bondslaves to the law； since they may
not withdraw themselves from the service of the state。'
In this welter of incredible crudity； what is perhaps most comical of all is the emotion with which Herr von
Haller describes his unspeakable pleasure in his discoveries … 'a joy such as only the friend of truth can feel
when after honest search he has become confident that he has found as it were' （yes indeed？ 'is it were' is
right！） 'the voice of nature； the very word of God'。 （The truth is that the word of God very clearly distinguishes
its revelations from the voices of nature and unregenerate man。） 'The author could have sunk to the ground in
open amazement； a stream of joyful tears burst from his eyes； and living religious feeling sprang up in him there
and then。； Herr von Haller might have discovered by his 'religious feeling' that he should rather bewail his
condition as the hardest chastisement of God。 For the hardest thing which man can experience is to be so far
excluded from thought and reason； from respect for the laws； and from knowing how infinitely important and
divine it is that the duties of the state and the rights of the citizens； as well as the rights of the state and the
duties of the citizens； should be defined by law … to be so far excluded from all this that absurdity can foist
itself upon him as the word of God。
§ 259。
The Idea of the state：
（A） has immediate actuality and is the individual state as a self…dependent
organism … the Constitution or Constitutional Law；
（B） passes over into the relation of one state to other states … International
Law；
（C） is the universal Idea as a genus and as an absolute power over individual
states … the mind which gives itself its actuality in the process of
World…History。
Remark： The state in its actuality is essentially an individual state； and beyond that a particular
state。 Individuality is to be distinguished from particularity。 The former is a moment in the very Idea
of the state； while the latter belongs to history。 States as such are independent of one another； and
therefore their relation to one another can only be an external one； so that there must be a third
thing standing above them to bind them together。 Now this third thing is the mind which gives itself
actuality in world…history and is the absolute judge of states。 Several states may form an alliance to
be a sort of court with jurisdiction over others； there may be confederations of states； like the Holy
Alliance for example； but these are always relative only and restricted； like perpetual peace'。 The
one and only absolute judge； which makes itself authoritative against the particular and at all times；
is the absolute mind which manifests itself in the history of the world as the universal and as the
genus there operative。
A。 Constitutional Law
§ 260。
The state is the actuality of concrete freedom。 But concrete freedom consists in
this； that personal individuality and its particular interests not only achieve their
complete development and gain explicit recognition for their right （as they do in
the sphere of the family and civil society） but； for one thing； they also pass over
of their own accord into the interest of