Kant and Hegel on the Foundation of the State Essay Example for Free

Kant and Hegel on the Foundation of the State Essay Kant and Hegel could not be farther from one another on the question of the state and its moral foundation. It is uncertain even if they define the term â€Å"state† in the same way. Kant remains within the Enlightenment contract tradition, while Hegel leans more towards an intellectual rendering of the romantic and nationalist approach to states and their foundations. (NB–the citations below refer to paragraphs, not pages) Kant holds that there are two major reasons why the state must exist. First, while mankind is not violently predisposed one to another prior to the development of legislation, disputes will have no competent judge prior to the development of the state (44). Hence, even a gentle disposition will render the state necessary in that public right must have a means of enforcing its claims. Here, â€Å"public right† is defined as those sum of laws that bring human beings into rational and orderly contact with one another (43). But further, regardless of the actual condition of man in the state of nature, Kant holds that, at the very least, the only real motive for action is â€Å"that which seems right† to each person, and each group of persons. But these two entities, the individual and groups of persons, both demand the creation of a state: the individual for the sake of rational laws, and the group for the sake of mutual protection against aggression. Either way, the only maxim is â€Å"that which seems right† to the entity in question. The major difference between the state of nature (in which Kant seems to lean towards the Lockeian view) and the civil world is that the laws and agreements that may well develop prior to the state are given the sanction of public law. They are given the means of enforcement. Without enforcement, the same reason that Locke gives for leaving the state of nature holds: the each is the judge in his own case, rendering there no objective and impartial standard (or agency, more accurately) of justice. Kant offers a subtle typology of the nature of civil life, far different from what will develop in Hegel. First, the sum of laws, manifesting a rightful, pre-political relation among individuals under an objective agency is the public right, and living in this state is a civil mode of life. Kant seems to overlap the definitions of constitution and civil right substantially, but at least, the concept of the â€Å"civil† is not an institution, but a state of living and a state of mind where the civil agency is considered right and just, and thus has the right to enforce public right. The state is the sum of all of these: the civil society under a constitution that manifests the proper and rational relations among citizens. There is nothing in Kant that rejects the idea that these relations will develop in a pre-political state as in Locke. Hence, it is rational to hold that Kant is a Lockeian, the state simply existing to judge disputes over property. Even more, in paragraph 47, the legislature is to be the highest form and expression of the state in that the people are fully and completely represented. Here, Rousseau is to be found, since, in this paragraph, the â€Å"people† and the â€Å"legislature† are really one in the same. Rousseau would reject the idea of representation both in Locke and Kant, but the idea is the same: the legislature is the highest organ of the state, the very objectification of the constitution and the popular will. Hence, given the above definitions, the legislature is really the manifestation of the constitution and the civil condition, and a smoothly functioning legislature would be the objectification of the state. To some extent, the legislature being the â€Å"united will of the people† (47) is the real de-ontological basis of state authority. Regardless of the social contract, the legislature can be united with Kant’s more abstract ethics by holding that the legislature is the manifesting of duty: the condition of both universality and autonomy, the latter referring to the lack of any â€Å"special interest† connected to either moral judgements/maxims or civil legislation. If the legislature is the â€Å"united will of the people† then it fits nicely into a de-ontological box, since universality is the maxim of civil legislation in this case. Hegel takes a completely different approach. The Philosophy of Right is a far more satisfying approach to the state than either Kant or Locke, since the state is not merely a sum of laws representing the population, but a synthesis of all other forms of social life and historical development. For Hegel, the development of the state (and one can be suspicious as to whether or not Kant would even define the state this way), is not merely a historical process, but a psychological one as well: the stat is the highest manifestation of human nature manifest in history. It is easy to see how the development of the three general stages in morality, the family, the free market and the state itself, all develop from a specific schema of history. Familial relations were long dominant in social life, but the Enlightenment broke these down, leading to the minds of Locke and Kant, the state is a synthesis of these two, and the completion of the development of human nature as a moral entity. While the history is simple and a little arbitrary, it follows a common Hegelian pattern of unreflective community (the family), individualism ( the market, or â€Å"civil society†), and the concrete, reflective community in the state. There is a far more complex history of European development that Hegel deals with, though it is not found in the POR, but in other writings. The family is the principle of unreflective unity (158). This is in that the family is not based on rational principles (though it does play a rational role), but is united only in love and the willingness to sacrifice. Only when the children grow and the family breaks down does reflection enter into the human person as they function in civil society, the free market where the main motivation is no longer love, but gain and â€Å"expressing oneself. † This is an abstract individualism that can not last. Dialectically, the individual in civil society realizes that a society cannot be based on the individual since social life and economic production are based on a communal approach to living: society can only function as a unit, not a collection of individuals arbitrarily doing their thing. Hence, the corporation develops (250-251), which is a largely economic entity similar to a guild, that manifests the community latent in civil society,. It is the corporations that eventually reveal the seeds of the state, or the unity of corporate bodies, and though here, the development of civil law and right. Hegel does not accept the idea of a contract. The mythology of the state of nature is something that may be found in psychology, but not in history. In the beginning of the POR, the will is seen as â€Å"purely abstract,† that is, completely free, having no restraints, but also having no purpose or end (15). The development of ends for ht will is the real foundation of the POR and Hegel’s mature social theory. The will demands content, that is, guidance and direction. History has given humanity this in the three states of family, market and state. These mentalities have all developed throughout history, but only in the first half of the 19th century have humanity been able to see how they all rationally fit together in an all inclusive unity. Previous societies merely held a one sided approach to things, where one entity was given dominance over everything else. The will seeks content, moral purpose, but it also seeks unity and balance in a rational schema of relations. None of the entities of family or civil society are swallowed in the Hegelian state, they remain, but they remain secondary elements in the broader state, having their latent potential manifest in the state itself (260). This is in that the love of the family is given its reflective basis in the state as an ethic unity, manifesting its own history and struggles, but it also completes the abstract individualism of the market, in that the unity is a reflective one, based on reason and the development of this social reason in the market itself, where communitarian ideas develop in the actual behavior of economic production and consumption which is a communal idea. This paper is far too short to do justice to these giants, but the basic outline is clear: Kant remains in the Enlightenment tradition, being a good generation before Hegel. Kant pictures a simple state of nature which requires a rational legislature, representing the concept of universality, to judge disputes. On the other hand, Hegel approaches the state as an organic unity, not a creation of contract. Ultimately, the two are irreconcilable, and the Romantic era had its rarified champion in Hegel. References: Kant, Immanuel. The Metaphysics of Morals. Trans Mary Gregor. Cambridge University Press, 1996 Hegel, GWF. The Philosophy of Right. Trans TM Knox. Oxford University Pres

The Wisdom of Franz Kafka’s On Parables :: Kafka On Parables Essays

The Wisdom of Franz Kafka’s On Parables Is it even possible to gain a better life through knowledge and wisdom? Should we listen to the words of the wise? Franz Kafka tries to answer these questions in his short essay ``On Parables,'' with a resounding ``No!'' In this Kafkan world, one filled with the daily struggles and cares of life, the only thing we can know is the incomprehensibility of it all. He states that all wisdom is expressed in parables then destroys any hope we may have by trouncing the authenticity of parables. But then he does something strange, vividly illustrating his point by using the very method he hoped to discredit. The first paragraph of ``On Parables'' provides Kafka's main point: ``the words of the wise are always merely parables and of no use in daily life.'' How does he arrive to this conclusion? He first first asserts that the words of the wise are always parables then explains why all parables are useless. Finally, he concludes that the words of the wise, since they are all parables, are all useless for daily life. Kafka first assumes that ``the words of the wise are always merely parables,'' and expects the reader to follow this assumption rigidly throughout the work. Notice that there is no wiggle room for the wise; their words are always parables. So don't complain, don't object. It is so, at least within the scope of his essay. Kafka does however state why the sages use parables. Since sages themselves are incapable of communicating wisdom, they speak in imperfect parables in a futile attempt to communicate that wisdom. Kafka further hints that this may be because even the sage doesn't understand such wisdom. The words of the sage, ``Go over,'' indicate that the sage is not currently where he wants the people to go, but may himself yet be stuck in this world of daily cares, struggles, and hardships. If he were where he wants us to be, he would have used the words ``come over'' instead. ``Over where?'' you may ask. Kafka answers this question by posing what I will refer to as three lands of life related to parables. The first, the most real one, refers to the state of a person's life before encountering a parable. The second, a potential land, is the parable itself and the resulting actions and consequences a person derives from the parable.

The True Identity

Culture and identity go hand in hand. Everyone has their own identity, but where does that come from? The main contributor to someone’s identity is the culture they grew up in. Cultures vary in many different ways. Chinese is a very factual, to the point, respect your elders and family culture, while American culture is more carpe diem, freedom of speech, bigger is better mentality. So as you could imagine someone in China will grow up with a much different identity that someone in America. Someone’s true identity comes out when you’re placed in a situation that tests your culture’s view of right or wrong. Whether you go with the flow or choose to disobey is how you know one’s true identity. Take into account the story â€Å"Sonny’s Blues. † The narrator of the story, Sonny’s brother, thinks from the time Sonny’s a boy that the path Sonny has chosen is the wrong one. THis is because Sonny decides he wants to be a musician and gets into drugs, not the correct view of the culture deems correct. However, through his music Sonny shows his brother how he becomes happy and finally Sonny's brother understands why he went through what he did. They grew up in the same housing project and culture but why did they turn out so differently? Sonny went down the path that he felt would make him happy, the music. His brother chose to go along with society and join the army, get a career, and then start a family. I feel that Sonny has found his identity long before his brother has. He knows exactly what makes him happy and he goes after that in his own way, breaking free of society and becomes his own man, with his own identity. The narrator goes through the motions and while his brother maybe going down a separate path Sonny’s alive and has found himself. His true identity comes out when he’s on stage. In America we preach the pursuit of happiness meaning to go for what you want, allowing your true identity to shine. Whether you choose to take Sonny’s route or his brother’s, now that’s where you find your identity. In Jekyll’s case, he had split personalities. Hyde was his bad side and his pure side, which everyone came to know, wasn’t what Jekyll really wanted. He wanted to let Hyde out and to do so he had to take drugs, like Sonny did. Jekyll’s surface was a proper man but his true identity was what lied beneath him and what he allowed to surface when he conjured up his potion. Letting out this carnage side made Jekyll feel alive, with no remorse of what he was doing. The aliveness he felt was the disregard of his culture and their rules, and this is where he found himself happy. The disobeying Hyde was Jekyll’s true identity and how he really wanted to feel. Have you ever one day been faced with the opportunity to break cultures rules and done it? Did you feel exhilarated? Ones identity will never change. When they figure out what the true inner person is that, whether its a naughty person or a great person is what surfaces when the person is alone or set with a straining situation. The Jekyll side is what culture wanted to see, but the true identity of Jekyll was the disobeying side of Hyde. Identity now a days in America is being more seen as your image. Identity is everything that you are composed of. Looking at one person you can think you know them, but what do you know? Your Identity is you culture, morals, family, everything that has ever come to shape you to who you are today. What do you know at first glimpse of the hispanic standing in front of you? He was adopted by two Asians when he was just a baby and now is more assimilated into the asian traditions than any hispanic traditions. In â€Å"Trying to Find Chinatown,† this is almost the exact situation. This short story was wrote to open the eyes of the reader to see that someone doesn't have to be the person you label them as when first laid eyes on. Just because a person looks one way their identity has a much deeper meaning to them than image. Of course your identity for the most part will show up on the outer surface minutely, but who knows what caused you to walk down to the corner store to rob it, or why you jumped in front of that stranger on the bus to save his life jeopardizing your own. Your identity is what drives you to make those decisions. Your culture has a lot to do with that too. Some peoples true identity is to go with what culture deems right or wrong and others do things just in spite of their culture, but for the most part every ones identity reflects the culture they were raised in-in some form. Ones identity must be found by pushing themselves to the limit of what is known. Where they have to make their own decision based purely on the voice inside of them which tells them what to do. Your identity can mask itself to let the culture you live in accept you, but at some point if you repress that too much it could be detrimental to your health, just ask Dr. Jekyll about that one. Don’t ever judge a book by its cover because the man you see on the outside, sometimes maybe a very different person inside. People go on missions in search of their true identities, but i feel that the way to find your true identity is to look in the mirror and ask yourself, what do i base my choices off? Do i go with the flow of my culture or am i a stand alone type person. Only you can know the answer of your true identity.

Is Cannabis Dangerous This Particular Issue Has Been...

Is cannabis dangerous? This particular issue has been discussed, contemplated, and argued in several settings throughout our country’s history, but it is a particularly prominent issue in today’s society. Many individuals have their own opinions on marijuana, whether it be positive or negative, but an objective perspective is necessary to justly weigh the benefits and detriments of marijuana use and legalization. When an unbiased person analyzes the controversial topic of cannabis, he or she would realize that the substance does not plainly fall into a single category. There is ample, scientific proof that marijuana has numerous medicinal purposes, such as treating glaucoma and different seizure disorders. However, there is equivalent†¦show more content†¦To the dismay of many cannabis users, however, the drug slowly became frowned upon, taxed, and ultimately outlawed in the states in 1970 when the Controlled Substance Act listed cannabis as a drug with absolut ely no medical applications (Historical Timeline - Medical Marijuana). Thereafter, marijuana was a schedule one drug completely outlawed in the United States, and any possession of the substance was punishable with jail time. ProCon.org also mentions that Robert Randall, a resident of Washington, D.C., was found not guilty in 1976 for his cultivation of marijuana because of his medical necessity for glaucoma. He was the first man in the country to gain access to federal supplies of marijuana for its medicinal uses. Since then, marijuana has once again grown popular in modern society, which has prompted the many debates over its legalization. Consequently, cannabis is one of the most popular political issues in the country. Many users, such as cancer patients or glaucoma patients, argue the plant’s medicinal properties, while others argue for the legalization of recreational use of marijuana. Many modern state legislatures have legalized medicinal marijuana, and some have even legalized recreational marijuana. With that said, there are still strict guidelines and regulations on cannabis possession and uses in the states that allow recreational marijuana.Show MoreRelatedShould Marijuana Be Legalized? Essay1587 Words   |  7 Pages Legalization of Marijuana Marijuana is not a recent discovery, but the mysteries surrounding the controversial topic in question remains to be disputed since its prohibition. Classified as an illegal substance, cannabis has been restricted in Canada and around the world. Marijuana is a complex drug and its contradictory claims of medical purposes, and harmful destruction, fuel the debate on whether or not the legal constraints of consuming marijuana should be reconsidered. 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