Hegel as a guide to freedom, law, and ethical society

Those of you who read my blogposts know that I like reading foundational books. I often read old social science books, sometimes more than a century old. Lately, I enjoy reading classic philosophy. In Philosophy of Right (Grundlinien der Philosophie des Rechts, 1820), Hegel applies his philosophy to the practical realities of law, society, and governance. Although this book is often seen as a defense of the conservative and reactionary political order of that time in Prussia, Hegel's work has had a great influence on philosophical debates about the structures of the modern state.

The dialectic of law and freedom

Hegel’s methodology involves finding out why existing structures are rational, while recognizing their historical origins. Freedom, in Hegel’s view, evolves dialectically: It begins as abstract independence, confronts contradictions (e.g., selfishness, alienation), and achieves resolution in an ethical framework that harmonizes individual and universal principles.

Hegel saw freedom as the essence of the will, the power to act both autonomously and purposefully. Negative freedom is the capacity to free oneself from external constraints. This offers autonomy but has the risk of nihilism if not constructively directed. Positive freedom represents the unity of self-determination with meaningful goals. It’s freedom expressed through constructive engagement, where personal aspirations align with collective responsibilities.

For Hegel, law is the embodiment of collective rational will. Laws gain legitimacy when aligned with universal principles of justice and freedom, transcending arbitrary historical conventions.

Law evolves in three stages:

(1) Abstract Right, focused on individual freedoms, such as property ownership, and the recognition of personhood;

(2) Morality, examines the subjective will, intentions, and ethical responsibilities of individuals;

(3) Ethical Life, the integration of individual autonomy with societal structures, such as family, civil society, and the state.

The role of the state

Hegel envisions the state as the highest realization of freedom, where personal interests harmonize with collective ethical goals. While civil society mediates between individual needs and legal frameworks, the state represents a rational ethical order that synthesizes personal liberty with universal welfare. Hegel writes that legislative, executive, and judicial branches must balance autonomy with unity.

A constitutional monarch represents the unity of the state’s will; this gives stability, while collective decisions are affirmed. Institutions such as estates and corporations mediate between individuals and the state, and this supports diverse voices to influence governance.

Ethical life as the foundation of society

Hegel saw ethical life (Sittlichkeit in German) as an integration of the individual with the collective through three pillars: (1) the family; marriage, monogamy, and shared property represent the ethical unity of love and duty; children symbolize the family’s ethical essence but gain autonomy as they grow, dissolving the immediate unity of the family; (2) civil society; economic activity, individual rights, and mutual interdependence; challenges such as inequality, alienation, and self-interest require institutions (e.g., corporations, guilds) to mediate and integrate personal goals with societal welfare; (3) the state; the ultimate synthesis of ethical life, where freedom becomes concrete through rational laws and collective governance.

In global affairs, Hegel saw the state as a sovereign entity, which interacts with others based on mutual respect and pragmatic diplomacy. While recognizing the destructiveness of war, he argues that it can affirm a state's sovereignty and unity.

Hegel saw property as an external realization of personal freedom. Contracts mediate between individual wills, so that mutual recognition and cooperation is possible. Justice and punishment uphold social harmony by negating violations of rights, not as retribution (retributive justice) but as restoration of ethical order (restorative justice). (See the parallel with Sidney Dekker’s Just Culture).

 

Source:

Hegel, G.W.F. (2012 [1820]), Grundlinien der Philosophie des Rechts, Berlin: Suhrkamp Verlag.