at pains to find that out； and refused to busy themselves with empty opinion and
minute detail； they would adhere to and act in accordance with substantive right；
namely the commands of the state and the claims of society。 But a further
difficulty lies in the fact that man thinks； and seeks freedom and a basis for
conduct in thought。 Divine as his right to act in this way is； it becomes a wrong；
when it takes the place of thinking。 Thought then regards itself as free only when
it is conscious of being at variance with what is generally recognised； and of
setting itself up as something original。
The idea that freedom of thought and mind is indicated only by deviation from； or
even hostility to what is everywhere recognised； is most persistent with regard to
the state。 The essential task of a philosophy of the state would thus seem to be
the discovery and publication of a new and original theory。
When we examine this idea and the way it is applied； we are almost led to think
that no state or constitution has ever existed； or now exists。 We are tempted to
suppose that we must now begin and keep on beginning afresh for ever。 We are
to fancy that the founding of the social order has depended upon present devices
and discoveries。 As to nature； philosophy； it is admitted； has to understand it as it
is。 The philosophers' stone must be concealed somewhere； we say； in nature
itself； as nature is in itself rational。 Knowledge must； therefore； examine；
apprehend and conceive the reason actually present in nature。 Not with the
superficial shapes and accidents of nature； but with its eternal harmony； that is to
say； its inherent law and essence； knowledge has to cope。 But the ethical world or
the state； which is in fact reason potently and permanently actualised in
self…consciousness； is not permitted to enjoy the happiness of being reason at all。
Footnote There are two kinds of laws； laws of nature and laws of right。 The laws of nature are
simply there； and are valid as they are。 They cannot be gainsaid； although in certain cases they may
be transgressed。 In order to know laws of nature； we must get to work to ascertain them。 for they
are true； and only our ideas of them can be false。 Of these laws the measure is outside of us。 Our
knowledge adds nothing to them； and does not further their operation。 Only our knowledge of
them expands。 The knowledge of right is partly of the same nature and partly different。 The laws of
right also are simply there； and we have to become acquainted with them。 In this way the citizen
has a more or less firm hold of them as they are given to him； and the jurist also abides by the
same standpoint。 But there is also a distinction。 In connection with the laws of right the spirit of
investigation is stirred up； and our attention is turned to the fact that the laws； because they are
different； are not absolute。 Laws of right are established and handed down by men。 The inner
voice must necessarily collide or agree with them。 Man cannot be limited to what is presented to
him； but maintains that he has the standard of right within himself。 He may be subject to the
necessity and force of external authority； but not in the same way as he is to the necessity of
nature； for always his inner being says to him how a thing ought to be； and within himself he finds
the confirmation or lack of confirmation of what is generally accepted。 In nature the highest truth is
that a law is。 In right a thing is not valid because it is； since every one demands that it shall conform
to his standard。 Hence arises a possible conflict between what is and what ought to be； between
absolute unchanging right and the arbitrary decision of what ought to be right。 Such division and
strife occur only on the soil of the spirit。 Thus the unique privilege of the spirit would appear to
lead to discontent and unhappiness； and frequently we are directed to nature in contrast with the
fluctuations of life。 But it is exactly in the opposition arising between absolute right； and that which
the arbitrary will seeks to make right； that the need lies of knowing thoroughly what right is。 Men
must openly meet and face their reason； and consider the rationality of right。 This is the
subject…matter of our science in contrast with jurisprudence； which often has to do merely with
contradictions。 Moreover the world of today has an imperative need to make this investigation In
ancient times； respect and reverence for the law were universal。 But now the fashion of the time
has taken another turn； and thought confronts everything which has been approved。 Theories now
set themselves in opposition to reality； and make as though they were absolutely true and
necessary。 And there is now more pressing need to know and conceive the thoughts upon right。
Since thought has exalted itself …is the essential form； we must now be careful to apprehend right
also as thought。 It would look as though the door were thrown open for every casual opinion；
when thought is thus made to supervene upon right。 But true thought of a thing is not an opinion；
but the conception of the thing itself。 The conception of the thing does not come to us by nature。
Every man has fingers； and may have brush and colours； but he is not by reason of that a painter。
So is it with thought。 The thought of right is not a thing which every man has at first hand。 True
thinking is thorough acquaintance with the object。 Hence our knowledge must be scientific。
On the contrary； the spiritual universe is looked upon as abandoned by God； and given over as a
prey to accident and chance。 As in this way the divine is eliminated from the ethical world； truth
must be sought outside of it。 And since at the same time reason should and does belong to the
ethical world； truth； being divorced from reason； is reduced to a mere speculation。 Thus seems to
arise the necessity and duty of every thinker to pursue a career of his own。 Not that he needs to
seek for the philosophers' stone； since the philosophising of our day has saved him the trouble； and
every would…be thinker is convinced that he possesses the stone already without search。 But these
erratic pretensions are； as it indeed happens； ridiculed by all who； whether they are aware of it or
not； are conditioned in their lives by the state； and …find their minds and wills satisfied in it。 These；
who include the majority if not all； regard the occupation of philosophers as a game； sometimes
playful； sometimes earnest； sometimes entertaining； sometimes dangerous； but always as a mere
game。 Both this restless and frivolous reflection and also this treatment accorded to it might safely
be left to take their own course； were it not that betwixt them philosophy is brought into discredit
and contempt。 The most cruel despite is done when every one is convinced of his ability to pass
judgment upon； and discard philosophy without。 any special study。 No such scorn is heaped upon
any other art or science。
In point of fact the pretentious utterances of recent philosophy regarding the state have been
enough to justify anyone who cared to meddle with the question； in the conviction that he could
prove himself a philosopher by weaving a philosophy out of his own brain。 Notwithstanding this
conviction； that which passes for philosophy has openly announced that truth cannot be known。
The truth with regard to ethical ideals； the state； the government and the constitution ascends； so it
declares； out of each man's heart； feeling and enthusiasm。 Such declarations have been poured
especially into the eager ears of the young。 The words 〃God giveth truth to his chosen in sleep〃
have been applied to science ； hence every sleeper has numbered himself amongst the chosen。 But
what he deals with in sleep is only the wares of sleep。 Mr。 Fries； one of the leaders of this
shallow…minded host of philosophers； on a public festive occasion； now become celebrated； has
not hesitated to give utterance to the following； notion of the state and constitution： 〃When a nation
is ruled by a common spirit； then from below； out of the people； will come life sufficient for the
discharge of all public business。 Living associations； united indissolubly by the holy bond of
friendship； will devote themselves to every side of national service； and every means for educating
the people。〃 This is the last degree of shallowness； because in it science is looked upon as
developing； not out of thou…ht or conception； but out of direct perception and random fancy。 Now
the organic connection of the manifold branches of the social system is the architectonic of the
state's rationality； and in this supreme science of state architecture the strength of the whole； is
made to depend upon the harmony of all the clearly marked phases of public life； and the stability
of every pillar； arch； and buttress of the social edifice。 And yet the shallow doctrine； of which we
have spoken permits this elaborate structure to melt and lose itself in the brew and stew of the
〃heart； friendship； and inspiration。〃 Epicurus； it is said； believed that the world generally should be
given over to each individual's opinions and whims and according to the view we are criticising； the
ethical fabric should be treated in the same way。 By this old wives' decoction； which consists in
founding upon the feelings what has been for many centuries the labour of reason and
understanding； we no longer need the guidance of any ruling conception of thought。 On this point
Goethe's Mephistopheles； and the poet is a good authority； has a remark； which I have already
used elsewhere：
〃Verachte nur Verstand und Wissenschaft；
des Menschen allerh？chste Gaben …
So hast dem Teufel dich ergben
und musst zu Grunde gehn。〃
It is no surprise that the view just criticised should appear in the form of piety。 Where； indeed； has
this whirlwind of impulse not sought to justify itself？ In godliness and the Bible it has imagined itself
able to find authority for despising order and law。 And； in fact； it is piety of the sort which has
reduced the whole organised system of truth to elementary intuition and feeling。 But piety of the
right kind leaves this obscure region； a