colours； in which consciousness finds itself at home。
Through this varied husk the conception first of all penetrates； in order to touch
the pulse； and then feel it throbbing in its external manifestations。 To bring to
order the endlessly varied relations； which constitute the outer appearance of the
rational essence is not the task of philosophy。 Such material is not suitable for it；
and it can well abstain from giving good advice about these things。 Plato could
refrain from recommending to the nurses not to stand still with children； but
always to dandle them in their arms。 So could Fichte forbear to construe； as they
say； the supervision of passports to such a point as to demand of all suspects that
not only a description of them but also their photograph； should be inserted in the
pass。 Philosophy now exhibits no trace of such details。 These superfine concerns
it may neglect all the more safely； since it shows itself of the most liberal spirit in
its attitude towards the endless mass of objects and circumstances。 By such a
course science will escape the hate which is visited upon a multitude of
circumstances and institutions by the vanity of a better knowledge。 In this hate
bitterness of mind finds the greatest pleasure； as it can in no other way attain to a
feeling of self…esteem。
This treatise； in so far as it contains a political science； is nothing more than an
attempt to conceive of and present the state as in itself rational。 As a philosophic
writing； it must be on its guard against constructing a state as it ought to be。
Philosophy cannot teach the state what it should be； but only how it； the ethical
universe； is to be known。
Idou Podos； idou kai to pidima
Hic Rhodus； hic saltus。
To apprehend what is is the task of philosophy； because what is is reason。 As for
the individual； every one is a son of his time； so philosophy also is its time
apprehended in thoughts。 It is just as foolish to fancy that any philosophy can
transcend its present world； as that an individual could leap out of his time or
jump over Rhodes。 If a theory transgresses its time； and builds up a world as it
ought to be； it has an existence merely in the unstable element of opinion； which
gives room to every wandering fancy。
With little change the above； saying would read：
Here is the rose； here dance
The； barrier which stands between reason； as self…conscious Spirit； and reason as
present reality； and does not permit spirit to find satisfaction in reality； is some
abstraction； which is not free to be conceived。 To recognise reason as the rose in
the cross of the present； and to find delight in it； is a rational insight which implies
reconciliation with reality。 This reconciliation philosophy grants to those who have
felt the inward demand to conceive clearly； to preserve subjective freedom while
present in substantive reality； and yet thought possessing this freedom to stand
not upon the particular and contingent； but upon what is and self…completed
This also is the more concrete meaning of what was a moment ago more
abstractly called the unity of form and content。 Form in its most concrete
significance is reason； as an intellectual apprehension which conceives its object。
Content； again； is reason as the substantive essence of social order and nature。
The conscious identity of form and content is the philosophical idea。
It is a self…assertion； which does honour to man； to recognise nothing in sentiment
which is not justified by thought。 This self…will is a feature of modern times； being
indeed the peculiar principle of Protestantism。 What was initiated by Luther as
faith in feeling and the witness of the spirit； the more mature mind strives to
apprehend in conception。 In that way it seeks to free itself in the present； and so
find there itself。 It is a celebrated saying that a half philosophy leads away from
God； while a true philosophy leads to God。 （It is the same halfness； I may say in
passing which regards knowledge as an approximation to truth。） This saying is
applicable to the science of the state。 Reason cannot content itself with a mere
approximation； something which is neither cold not hot； and must be spewed out
of the mouth。 As little can it be contented with the cold scepticism that in this
world of time things go badly； or at best only moderately well； and that we must
keep the peace with reality； merely because there is nothing better to be had。
Knowledge creates a much more vital peace。
Only one word more concerning the desire to teach the world what it ought to be。
For such a purpose philosophy at least always comes too late。 Philosophy； as the
thought of the world； does not appear until reality has completed its formative
process； and made itself ready。 History thus corroborates the teaching of the
conception that only in the maturity of reality does the ideal appear as counterpart
to the real； apprehends the real world in its substance； and shapes it into an
intellectual kingdom。 When philosophy paints its grey in grey； one form of life has
become old； and by means of grey it cannot be rejuvenated； but only known。 The
owl of Minerva； takes its flight only when the shades of night are gathering。
But it is time to close this preface。 As a preface it is its place to speak only
externally and subjectively of the standpoint of the work which it introduces。 A
philosophical account of the essential content needs a scientific and objective
treatment。 So； too； criticisms； other than those which proceed from such a
treatment； must be viewed by the author as unreflective convictions。 Such
subjective criticisms must be for him a matter of indifference。
BERLIN； June 25th； 1820。
Translated by S W Dyde； 1896
Introduction
§ 1。
THE philosophic science of right has as its object the idea of right； i。e。； the
conception of right and the realisation of the conception。
Remark： Philosophy has to do with ideas or realised thoughts； and hence not with what we have
been accustomed to call mere conceptions。 It has indeed to exhibit the one…sidedness and untruth
of these mere conceptions； and to show that； while that which commonly bears the name
〃conception；〃 is only an abstract product of the understanding； the true conception alone has
reality and gives this reality to itself。 Everything； other than the reality which is established by the
conception； is transient surface existence； external attribute； opinion； appearance void of essence；
untruth； delusion； and so forth。 Through the actual shape； which it takes upon itself in actuality； is
the conception itself understood。 This shape is the other essential element of the idea； and is to be
distinguished from the form； which exists only as conception。
Addition。 The conception and its existence are two sides； distinct yet united； like soul and
body。 The body is the same life as the soul； and yet the two can be named independently。 A soul
without a body would not be a living thing； and vice versa。 Thus the visible existence of the
conception is its body； just as the body obeys the soul which produced it。 Seeds contain the tree
and its whole power； though they are not the tree itself ； the tree corresponds accurately to the
simple structure of the seed。 If the body does not correspond to the soul； it is defective。 The unity
of visible existence and conception； of body and soul； is the idea。 It is not a mere harmony of the
two； but their complete interpenetration。 There lives nothing； which is not in some way idea。 The
idea of right is freedom； which； if it is to be apprehended truly； must be known both in its
conception and in the embodiment of the conception。
§ 2。
The science of right is a part of philosophy。 Hence it must develop the idea；
which is the reason of an object； out of the conception。 It is the same thing to say
that it must regard the peculiar internal development of the thing itself。 Since it is
a part； it has a definite beginning； which is the result and truth of what goes
before； and this； that goes before； constitutes its so…called proof。 Hence the origin
of the conception of right falls outside of the science of right。 The deduction of
the conception is presupposed in this treatise； and is to be considered as already
given。
Addition。 Philosophy forms a circle。 It has； since it must somehow make a beginning； a primary；
directly given matter； which is not proved and is not a result。 But this starting…point is simply
relative； since； from another point of view it appears as a result。 Philosophy is a consequence；
which does not hang in the air or form a directly new beginning； but is self…enclosed。
According to the formal unphilosophic method of the sciences； definition is the first desideratum；
as regards； at least； the external scientific form。 The positive science of right； however； is little
concerned with definition； since its special aim is to give what it is that is right； and also the
particular phases of the laws。 For this reason it has been said as a warning； Omnis definitio in
jure civili periculosa； and in fact the more disconnected and contradictory the phases of a right
are； the less possible is a definition of it。
A definition should contain only universal features； but these forthwith bring to light contradictions；
which in the case of law are injustice； in all their nakedness。 Thus in Roman law； for instance； no
definition of man was possible； because it excluded the slave。 The conception of man was
destroyed by the fact of slavery。 In the same way to have defined property and owner would have
appeared to be perilous to many relations。 But definitions may perhaps be derived from
etymology； for the reason； principally； that in this way special cases are avoided； and a； basis is
found in the feeling and imaginative thought of men。
The correctness of a definition would thus consist in its agreement with existing ideas。 By such a
method everything essentially scientific is cast aside。 As regards the content there is cast aside the
necessity of the self…contained and self…developed object； and as regards t